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.
This content is only available to readers with a subscription.
For access to weekly features, regular news and our LSIPR print publications – subscribe here.
News stories up to a week old on LSIPR are accessible with a BASIC FREE ACCOUNT.
Feature articles are FREE to access on the day they are published with a BASIC FREE ACCOUNT. After then you will need to take out a paid subscription. A free trial will give you access to all website content for two weeks.
If you have already subscribed please login.
Dosage patents, pharmaceuticals, Mexican IP Law