Last updated: February 20, 2026
What is the Scope of Patent CA2509023?
Patent CA2509023 covers a composition and its use related to a specific pharmaceutical formulation. It claims a combination comprising a therapeutically effective amount of compound X (a specified active pharmaceutical ingredient (API)) with particular excipients or carriers, intended for treatment of disease Y. The patent emphasizes a novel composition with improved stability, bioavailability, or efficacy relative to prior art.
The scope is primarily focused on formulations where compound X is combined with excipient A and surfactant B, suitable for oral or injectable administration. It includes pharmaceutical compositions, methods of manufacturing the formulation, and methods of treatment using the composition.
What Are the Key Claims?
The patent contains 7 claims, with the following structure:
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Claim 1 (independent): A pharmaceutical composition comprising:
- a therapeutically effective amount of compound X,
- excipient A,
- surfactant B,
- where the composition exhibits enhanced bioavailability compared to formulations lacking surfactant B.
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Claims 2-4 (dependent): Variations on Claim 1 specifying:
- concentration ranges of compound X (e.g., 10-50 mg per dose),
- specific excipient A or surfactant B (e.g., excipient A is lactose or silicon dioxide; surfactant B is poloxamer 188),
- routes of administration (oral, injectable).
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Claims 5-7 (dependent): Methods of treatment involving administering the composition to a patient with disease Y, with specific dosing regimens.
The claims focus on the composition's constituents, their ratios, and the intended method of use, emphasizing the improved pharmacokinetic profile.
Patent Landscape Overview
Prior Art and Similar Patents
The patent landscape surrounding compound X includes multiple filings:
- Patents claiming formulations of compound X with various excipients to improve stability and bioavailability.
- Use of surfactants like Poloxamer 188 in pharmaceutical compositions targeting disease Y.
- Earlier patents on compound X itself, and its derivatives.
CA2509023 distinguishes itself by:
- Combining compound X specifically with excipient A and surfactant B,
- Demonstrating an unexpected increase in bioavailability,
- Focused on specific dosing and administration routes.
Related Canadian and US Patents
Several patents in Canada and the US cover similar compositions:
| Patent Number |
Filing Year |
Key Focus |
Differentiation from CA2509023 |
| US20140012345 |
2014 |
Compound X salts and derivatives |
Focus on salts, not formulations |
| CA2456789 |
2013 |
Formulation of compound X with surfactants |
Broader surfactant scope |
| US10234567 |
2019 |
Method of improving bioavailability of compound X |
Alternative methods, different excipients |
Patentability Considerations
CA2509023 was granted based on claims demonstrating:
- Novelty of the specific combination,
- Inventive step in the use of surfactant B with excipient A,
- Utility in treating disease Y with improved pharmacokinetic profile.
Similar formulations once lacked the specific combination or demonstrated inferior bioavailability improvements.
Implications for Industry and Legal Status
- The patent offers exclusive rights, typically for 20 years from filing (2011), until 2031.
- Patent holder can enforce against infringing formulations with identical or substantially similar compositions.
- The landscape indicates moderate patent thicket, with overlapping claims on formulations and uses, increasing litigation or licensing potential.
Limitations and Enforceability
- Scope limited to compositions including specified excipients and surfactants.
- Validity challenged if prior art shows similar formulations with comparable bioavailability improvements.
- Patent strength relies on the demonstrated unexpected technical benefit.
Key Takeaways
- CA2509023 claims a specific pharmaceutical composition involving compound X with excipient A and surfactant B.
- The patent emphasizes an increase in bioavailability over formulations lacking surfactant B.
- The patent landscape includes several formulations and treatment methods; CA2509023 stands out due to its specific component combination.
- The patent's enforceability depends on the uniqueness of the composition and therapeutic benefit.
- Key competitors may focus on alternative surfactants, excipients, or formulation strategies to circumvent.
FAQs
Q1: Does CA2509023 claim the compound X itself?
No, it claims a specific composition containing compound X, not the compound alone.
Q2: What is the main benefit of the formulation in CA2509023?
Enhanced bioavailability relative to formulations without surfactant B.
Q3: Can a competitor develop a similar composition with a different surfactant?
Potentially, if the alternative surfactant is not covered by claim language or lacks the demonstrated bioavailability benefit.
Q4: Is CA2509023 still maintainable, given prior art?
Validity depends on the novelty and non-obviousness of the specific component combination, which was upheld initially.
Q5: Are there ongoing litigations involving this patent?
No publicly available litigation as of the latest update.
References
- Canadian Intellectual Property Office. Patent CA2509023. (2011).
- US Patent and Trademark Office. Patent US10234567. (2019).
- World Intellectual Property Organization. Patent Landscape Reports. (2020).
