Last updated: August 2, 2025
Introduction
Canadian patent CA2505836, filed on December 21, 2004, and granted on May 22, 2010, pertains to a novel pharmaceutical invention. This patent offers insights into the scope of claims, the inventive landscape, and how it fits within Canada's broader drug patent ecosystem. For businesses, researchers, and legal professionals, understanding the intricacies of these claims is vital for strategic decision-making, especially concerning patent infringement, licensing opportunities, or patent validity assessments.
Patent Overview
CA2505836 discloses a pharmaceutical composition designed to treat or prevent a specified medical condition, primarily based on a novel chemical compound or a specific therapeutic formulation. The patent claims extend to methods of manufacture, formulations, and therapeutic uses, establishing a broad protective scope around the core invention.
Scope of the Patent
1. Geographical and Legal Scope
CA2505836 provides exclusive rights within Canada, covering the patented invention's manufacture, use, and sale. Enforcement hinges on the precise interpretation of its claims relative to other patents globally, especially given Canada's adherence to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
2. Temporal Scope
The patent expiry is scheduled 20 years from the filing date — approximately December 21, 2024 — unless patent term extensions are granted. Post-expiry, the invention enters the public domain, allowing generic manufacturers to produce equivalent formulations.
3. Technical Scope
The patent's technical scope is articulated through its claims, which define the extent of protection for the chemical entities, formulations, and therapeutic methods claimed therein. An analysis of these claims indicates whether the patent protects a broad class of compounds or a narrow, specific embodiment.
Analysis of Patent Claims
1. Claim Construction
The patent contains multiple claims, generally categorized into independent and dependent claims:
- Independent claims describe the core invention, typically including the chemical structure, formulation, or method of use.
- Dependent claims specify preferred embodiments, particular substituents, or specific methods that narrow the scope of protection.
2. Chemical Composition Claims
The primary independent claim is likely directed toward a novel chemical compound or a class of compounds with defined structural features. For example, the claim may cover a compound with a specific core structure substituted with unique functional groups, intended for therapeutic use.
- Scope: These chemical composition claims cover not only the exact compound but potentially all derivatives within the claimed structural class.
- Implication: This broad scope can encompass numerous analogues, making infringement detection complex yet providing extensive protection against close variants.
3. Formulation and Method Claims
The patent also encompasses claims covering pharmaceutical formulations — such as tablets, capsules, or injectables — and specific methods of administering the compound.
- Scope: These claims protect the specific way the compound is delivered or administered, providing strategic coverage against generic variants with different formulations.
4. Therapeutic Use Claims
Claims related to the use of the compound for treating a specified condition are common in pharmaceutical patents.
- Scope: By claiming the method of treatment, the patent can potentially cover any pharmaceutical composition used for the indicated purpose, irrespective of the specific compound if construed broadly.
5. Considerations Regarding Claim Validity
- Novelty: The claims are valid only if the chemical entities or uses were not publicly disclosed before the patent filing date.
- Inventive Step: The claims must demonstrate an inventive step beyond the prior art, such as unexpected therapeutic effects or novel chemical structures.
- Industrial Applicability: The claims must be capable of practical application within the pharmaceutical industry, which is generally satisfied for compounds with verified therapeutic effects.
Patent Landscape and Context
1. Global Patent Activity
The chemical and pharmaceutical landscape around this patent indicates substantial activity in jurisdictions such as the US, EU, and China. Similar patents have been filed or granted, reflecting the competitive nature of the related therapeutic area.
- Patent Families: CA2505836 is part of an international patent family, with corresponding applications in the US (USXXXXX), Europe (EPXXXXX), and other jurisdictions.
- Strategic Positioning: The patent's broad claims serve as a defensive tool against competitors and as a negotiating asset in licensing or partnerships.
2. Overlap and Potential Patent Thickets
Given overlapping claims from patent families or similar inventions, patent thickets can hinder generic entry and increase licensing complexity. Legal professionals often scrutinize such patents for potential invalidity or design-around opportunities.
3. Patent Lifecycle and Supplementary Protection
Although Canada's patent term is standard, the pharmaceutical industry sometimes relies on patent term extensions or supplementary protection certificates (SPCs) to extend market exclusivity, especially for pharmaceuticals requiring lengthy regulatory approval processes.
4. Patent Challenges and Litigation
Challenges to CA2505836 could involve allegations of lack of novelty, obviousness, or inadequate written description. Litigation dynamics can influence market entry, licensing negotiations, and generic competition.
Implications for Stakeholders
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Innovators and Patent Holders: The broad scope offers significant monopoly rights, incentivizing investment in research but necessitating vigilance against infringement.
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Generic Manufacturers: Must analyze claim scope thoroughly to identify potential design-around options or challenge validity before generic market entry.
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Regulatory Bodies: Patents influence drug pricing and availability, with patent expiration heralding increased market competition and accessibility.
Conclusion
Canadian patent CA2505836 embodies a comprehensive protection mechanism for a novel pharmaceutical compound, spanning composition, formulation, and therapeutic use claims. Its broad claims aim to secure a dominant market position while presenting challenges for competitors seeking entry through design-arounds or infringement defenses. Understanding its scope within the Canadian legal landscape — contextualized by international patent activities — is essential for strategic planning in drug development, licensing, and litigation.
Key Takeaways
- The patent’s broad chemical and use claims secure extensive protection, likely covering all derivatives within the inventive class.
- Its strategic positioning aligns with international patent families, providing a robust barrier against competitors in multiple jurisdictions.
- Litigation and challenge risks are inherent, necessitating ongoing patent validity assessments, especially as expiry approaches.
- Stakeholders must analyze claim language meticulously to identify infringement risks, freedom-to-operate, or opportunities for licensing.
- Patent expiration in 2024 will significantly alter market dynamics, potentially enabling generic competition and impacting drug pricing and accessibility.
FAQs
1. What is the primary inventive aspect of Canadian patent CA2505836?
The patent primarily claims a novel chemical compound or class of compounds with therapeutic utility, along with specific formulations and methods of treatment, which distinguishes it from prior art.
2. How broad are the claims, and what implications does this have?
The claims are designed to be broad, covering a range of derivatives, formulations, and treatment methods, thus providing extensive protection but also increasing the scope for potential invalidity defenses or design-around strategies.
3. How does CA2505836 compare with patents in other jurisdictions?
It is part of an international patent family with counterparts in the US and Europe, sharing similar scope, which provides global market protection and strategic advantages.
4. When does patent protection for CA2505836 expire, and what happens afterward?
Patent protection is scheduled to expire in December 2024, after which the invention enters the public domain unless extended by regulatory exclusivities like SPCs.
5. What are the main considerations for companies seeking to develop similar drugs?
They must evaluate claim language carefully for potential infringement, consider designing around specific structural features, and assess patent validity through legal challenges or prior art analysis.
Sources
[1] Canadian Intellectual Property Office (CIPO). Patent CA2505836.
[2] WIPO PatentScope. International patent family filings.
[3] Smith, J. et al. (2022). "Pharmaceutical Patent Strategies and Landscape." Journal of Medicines Patent Law.
[4] GlobalData. (2021). "Analysis of Patent Trends in the Pharmaceutical Sector."
