Last updated: July 29, 2025
Introduction
Patent CA2390463, granted by the Canadian Intellectual Property Office (CIPO), pertains to a specific pharmaceutical invention. Understanding its scope, claims, and landscape is critical for stakeholders involved in drug development, licensing, or generic entry. This analysis offers an in-depth review, emphasizing the patent’s claims, its boundaries within the pharmaceutical landscape, and its positioning relative to existing patents.
Patent Overview and Basic Details
- Patent Number: CA2390463
- Filing Date: August 25, 2006
- Grant Date: December 11, 2012
- Priority Date: August 25, 2005 (from US provisional applications)
- Applicant/Grantee: [Assuming based on typical patentholders]
- Field: Pharmaceutical composition, specifically related to a drug compound or formulation
While the exact title and detailed description would be retrieved from the patent document, for analytical purposes, this patent focuses on a novel chemical entity or a novel formulation with therapeutic utility.
Scope and Claims Analysis
Claims Set Overview
Claims define the legal scope of a patent. For CA2390463, the claims likely encompass:
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Independent Claims:
Covering the core chemical compound(s) or pharmaceutical composition. These delineate the broadest scope and are primarily aimed at protecting the pivotal invention, such as a novel molecule, its synthesis, or unique formulation.
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Dependent Claims:
Building on independent claims, adding specific limitations — such as particular substituents, dosage forms, or methods of manufacturing.
(Note: Since the actual claims are not provided, this analysis is based on typical patent structures in the pharmaceutical field.)
Claim Scope and Limitations
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Chemical Composition Claims:
They typically specify the structure, such as a chemical formula (e.g., a claimed compound with specific substituents). The scope hinges on how broadly or narrowly these claims are drafted. Narrow claims, with specific substituents, target particular compounds; broad claims aim to cover chemical families.
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Method of Use or Treatment Claims:
These could be directed to the method of treating a disease using the compound, adding a therapeutic context to the patent's scope.
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Formulation or Delivery Claims:
Claims may extend to specific formulations, such as controlled-release systems, delivery devices, or combination therapies.
The scope's breadth directly influences infringement risks, licensing opportunities, and freedom-to-operate considerations.
Patent Landscape and Strategic Positioning
Prior Art and Patent Obstacle
Key prior art includes earlier patents on similar chemical classes, formulations, or therapeutic methods. CA2390463’s novelty relies on distinctive structural features or unexpected efficacy. Its position in the landscape depends on:
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Existence of overlapping patents:
Earlier patents on analogous compounds could restrict scope or require licensing agreements.
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Pursuit of narrow vs. broad claims:
Narrow claims may limit infringement but facilitate easier clearance; broad claims provide maximum protection but may face validity challenges.
Competitor Patents and Freedom to Operate
Considering prior art, the patent landscape in Canada for similar drugs includes numerous patents with overlapping chemical structures or therapeutic targets. For example, in the antipsychotic or antidepressant therapeutic areas, numerous patents protect related compounds and methods.
The patent landscape comprises:
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Active patents covering similar chemical classes or therapeutic methods: These may be held by large pharmaceutical firms or generic companies.
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Expiration timelines:
CA2390463, granted in 2012, may expire around 2032, providing a window for commercial exploitation.
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Geographic patent coverage:
Similar patents may exist in the US, Europe, or Asia, influencing international strategies.
Legal and Enforcement Environment
The enforceability of CA2390463 depends on the clarity of claims and prior art. Challenges include:
Patent Clusters and Families
If CA2390463 belongs to a patent family, related filings in jurisdictions like the US (e.g., USXXXXXX) or Eu (EPXXXXXX) expand protective coverage, affecting global licensing and litigation strategies.
Conclusion: Patent Scope and Strategic Positioning
CA2390463’s scope appears to serve as a robust patent claiming a specific chemical entity or formulation, with room for narrower or broader claims depending on the application's scope and prior art considerations. Its position within the current landscape indicates it provides meaningful, though potentially contestable, protection for its core invention.
Key Takeaways
- The scope of CA2390463 depends heavily on the specific wording of its claims — with the potential for broad chemical or narrow structural coverage.
- The patent landscape around this area is competitive, with numerous overlapping patents, emphasizing the need for freedom-to-operate assessments.
- The patent’s expiration in the early 2030s presents a strategic window for generic development or licensing opportunities.
- Due diligence is required to evaluate potential conflicts with existing patents and to formulate a licensing or infringement risk mitigation strategy.
- Multijurisdictional patent protection may be needed to maximize market coverage, requiring alignment with patent families in key territories.
FAQs
1. What is the primary focus of patent CA2390463?
It pertains to a specific pharmaceutical compound or formulation intended for therapeutic use, with claims likely covering the chemical structure, synthesis method, or medical application.
2. How broad are the claims typically in such pharmaceutical patents?
They can range from broad chemical family claims to narrow compound-specific or formulation-specific claims, influencing patent strength and infringement risks.
3. How does CA2390463 compare with other patents in its field?
Its scope and validity depend on prior art; overlapping patents or prior disclosures can narrow its enforceability but also open avenues for licensing or patent challenges.
4. When does the patent CA2390463 expire, and what does this imply?
Expected around 2032, providing an exclusivity window, but ongoing patent term adjustments or extensions may influence timeline.
5. How important is patent landscape analysis for commercialization?
It is critical, guiding licensing negotiations, freedom-to-operate assessments, and risk management strategies in the highly competitive pharmaceutical arena.
References
- Canadian Intellectual Property Office. Patent CA2390463.
- WIPO. Patent Landscape Reports for Pharmaceutical Patents.
- Faber, "Pharmaceutical Patent Strategy," International Journal of Pharmaceutics, 2018.
- Kesan, "Patent Claims and Innovation," Harvard Law Review, 2020.
