The status of patentability for new dosage regimes in Mexico is unclear, but there have been some positive signs, says Pablo Fuentes.
In Mexico, as in most of the IP systems around the world, pharmaceutical patents can be obtained to protect novel drug molecules; intermediate compounds thereof; processes for manufacturing such molecules and intermediates; compositions containing them; and uses of the new molecules in a specific therapeutic way. Likewise, new pharmaceutical formulations, new methods of preparation, new crystalline forms, and new therapeutic uses of already known molecules are also available for protection.
In the specific field of pharmaceutical patents, it takes an average of between 12 and 15 years from the moment the applicant for a new drug begins prosecuting a pharmaceutical patent to the moment at which it obtains a patent and permission to market the new molecule.
So, it is logical and even understandable that, in order to recover an investment of thousands, or even millions of dollars, an average period of five to seven years as the ‘effective market time’ of a new drug protected by a patent may not be enough to cover the needs of the innovator’s business.
Dosage patents, pharmaceuticals, Mexican IP Law