Patentability of Prodrugs in Mexico

In view of the fact that metabolism is the major process by which foreign substances, including drugs are eliminated from the body, or really the sum of many ongoing individual processes by which living cells process molecules and maintain a living state, it is not easy to understand how said processes may biotransform a drug substance into pharmacologically active or inactive metabolites. Therefore, when the subject matter of a patent application deals with a prodrug, it should not be a surprise if as a result of the substantive examination, objections to the patentability of claims reciting prodrugs are issued from the Mexican Institute of Industrial Property (MIIP). In fact, it has become a trend from the MIIP to object the language "prodrug" in the claims of a Mexican application arguing that said language intends to unduly extend the scope of the invention. Arguments from the MIIP include the objection that examples in the specification do not sufficiently support the general