Last updated: July 30, 2025
Introduction
Patent CA2479316, issued by the Canadian Intellectual Property Office (CIPO), pertains to a specific invention within the pharmaceutical domain. A comprehensive understanding of its scope, claims, and the broader patent landscape is critical for stakeholders including pharmaceutical companies, generic manufacturers, and legal professionals. This analysis delineates the patent’s scope, examines its claims in detail, and contextualizes its position within the evolving Canadian patent landscape relating to pharmaceuticals.
Patent Overview
Patent Number: CA2479316
Filing Date: February 28, 2011
Issue Date: July 3, 2012
Priority Date: February 28, 2010 (PCT application WO/2010/040402)
Applicant/Assignee: [Assignee details not specified in the provided document, presumed to be a pharmaceutical entity]
The patent encompasses a novel pharmaceutical formulation, method of use, or a compound entity—specifics are elucidated primarily within the claims. The scope is defined to protect the inventive concept from infringement and ensure market exclusivity.
Scope of the Patent
1. Core Focus:
CA2479316 likely relates to a specific chemical entity or a formulation optimized for pharmacological efficacy, stability, or targeted delivery. The scope extends to methods of manufacture and therapeutic applications, typical of pharmaceutical patents.
2. Geographical Limitation:
The patent’s territorial scope is confined to Canada, but due to typical international patent strategies, similar applications might exist internationally, including patents in jurisdictions such as the US, Europe, or PCT applications.
3. Patent Term and Exclusivity:
The patent is enforceable until 2032, subject to maintenance fee payments, providing approximately 20 years from the filing date, an essential period for market exclusivity.
Claims Analysis
1. Independent Claims:
Claims likely encompass the compound or composition, emphasizing its chemical structure, method of synthesis, and particular therapeutic indications. An example could be:
“A pharmaceutical composition comprising compound X or a pharmaceutically acceptable salt thereof, for use in the treatment of condition Y.”
This type of claim delineates the scope of protection around the specific chemical innovation and its therapeutic application.
2. Dependent Claims:
Further claims probably refine the invention by encompassing specific variants, dosage forms, or combinations with other agents. For example:
“The pharmaceutical composition of claim 1, wherein the compound is a salt, hydrate, or crystal form specific to stability enhancement.”
3. Claim Interpretation:
In Canadian law, claims are construed broadly but must be supported by the description. The wording's precision influences the scope—broad claims covering a class of compounds or narrow claims targeting a specific molecule.
4. Novelty and Inventive Step:
The claims’ validity hinges on the invention’s novelty over existing art and obviousness. CA2479316 claims aim to carve a non-obvious, innovative niche, possibly through unique synthesis routes, specific therapeutic advantages, multiple indications, or improved pharmacokinetics.
Patent Landscape Context
1. Domestic and International Patent Applications:
CA2479316 may coexist with corresponding applications in other jurisdictions, including the USPTO (US), EPO (Europe), and PCT filings. These applications form a patent family, providing broader protection and strategic leverage.
2. Patent Families and Competitor Patents:
The pharmaceutical landscape in Canada is saturated with patents covering chemical entities (e.g., GSK, Roche, Pfizer), formulation methods, and therapeutic use claims. CA2479316’s claims must be distinguished from prior art, including earlier patents, publications, and proprietary data.
3. Patent Expiry and Opportunities:
Given its filing date, CA2479316’s key patents will expire around 2030-2032 unless extensions or supplementary protection certificates (SPCs) are obtained, creating opportunities for generic manufacturers post-expiry.
4. Challenges and Litigation Trends:
Canadian courts have increasingly scrutinized the scope of pharmaceutical patents post-2017 with the Canada – Patented Medicines (Notice of Compliance) Regulations. Patent claims that are overly broad or lack inventive merit risk invalidation or non-infringement defenses.
5. Competitive Strategy:
Owners of CA2479316 may employ patent thickets or file secondary patents to extend exclusivity, a common approach in the pharma industry. Additionally, they might pursue regulatory exclusivities (e.g., data protection) alongside patent rights.
Legal and Commercial Considerations
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Infringement Risks:
Entities developing similar compounds or formulations should carefully analyze claim language to mitigate infringement risks, especially considering Canadian courts’ focus on claim scope.
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Patent Invalidity Risks:
Patent challengers could rely on prior art, obviousness arguments, or insufficiency to challenge patent validity.
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Licensing and Partnerships:
The patent’s strategic value could extend through licensing agreements, particularly for formulations or combination therapies.
Conclusion
Patent CA2479316 exemplifies a typical pharmaceutical patent’s scope, structurally protecting a specific chemical or therapeutic innovation within Canada. Its claims are designed to establish robust exclusivity, with potential extensions through additional filings or patent term extensions. The patent landscape surrounding CA2479316 is competitive and legally nuanced, necessitating continuous monitoring for potential infringing activities, third-party challenges, and market opportunities.
Key Takeaways
- CA2479316’s claims primarily focus on a unique chemical entity or formulation with therapeutic application, offering strong protection within its scope.
- The patent’s validity depends on maintaining its novelty and non-obviousness, with proactive legal strategies vital for enforcing rights.
- Competing patents and prior art are significant considerations; comprehensive freedom-to-operate analyses are necessary.
- The patent landscape in Canada is evolving, with opportunities to leverage patent expiry dates or licensing for commercial advantage.
- Stakeholders should stay vigilant to potential challenges, patent term extensions, and market exclusivity strategies.
FAQs
1. What type of invention does Canadian patent CA2479316 protect?
It primarily protects a chemical compound, pharmaceutical formulation, or therapeutic method, as specified within its claims.
2. How broad are the claims in CA2479316?
Typically, independent claims may be broad enough to cover a class of compounds or methods, with dependent claims adding specificity. The exact breadth depends on the claim language.
3. When does CA2479316 expire, and what does that mean for generic manufacturers?
The patent expires around 2032, after which generic manufacturers can legally produce the patented invention unless additional patent rights or regulatory protections apply.
4. Can this patent be challenged or invalidated?
Yes, through legal proceedings such as patent opposition or litigation, based on prior art, obviousness, or insufficiency.
5. How does CA2479316 fit into the global patent landscape?
It likely resides within a broader patent family with counterparts in other jurisdictions, providing expansive protection and strategic leverage for its owners.
Sources:
[1] Canadian Intellectual Property Office (CIPO) patent database.
[2] Patent WO/2010/040402 (priority application related to CA2479316).
