Good news for Pharma as Mexican Supreme Court gives positive ruling on drug formulation patents

A ruling by the Mexican Supreme Court last week means that pharmaceutical companies will be able to protect not only compound drug products but also product patents covering pharmaceutical formulations.

Commenting in the decision, Phil Cox of Mexican intellectual property law specialist Olivares & Cia, which successfully acted for the party in proceedings which resulted in this ruling, said: "...After six years of linkage regulation in Mexico, which was intended to avoid the infringement of pharmaceutical patents, ... the Mexican Supreme Court issued its decision on the opposing criteria held by three Mexican Circuit Courts regarding the interpretation of the linkage regulation, particularly, the dilemma of whether the linkage system is limited to compound patents or if product patents covering pharmaceutical formulations should also be listed.'

The Supreme Court, said Mr Cox in an IP Tango blog discussion, 'ruled that formulation patents should be listed in the linkage gazette; in consequence, these patents are to be observed by the Mexican Health Authority (COFEPRIS) prior to granting marketing authorizations.'