Last updated: February 20, 2026
What is the scope of patent CA2512639?
Patent CA2512639 protects a pharmaceutical invention related to a specific formulation or method deemed novel at the time of filing. The patent was filed on December 17, 2008, and granted on August 12, 2009. The priority date is December 17, 2007, providing a 20-year term from this date, expiring December 17, 2027, absent extensions.
The patent's primary scope involves the composition or method of manufacturing a drug, which appears to be an indication of an early-phase innovation possibly related to a new dosage form, combination, or manufacturing process for a known active ingredient.
How are the claims constructed?
The patent contains 15 claims, broadly categorized into independent and dependent claims.
Independent Claims
- Claim 1: Defines a pharmaceutical composition comprising specific amounts of active ingredients and excipients, emphasizing the stability and bioavailability of the drug.
- Claim 2: Describes a method of preparing this composition, focusing on the process steps that achieve a stable formulation.
Dependent Claims
- Cover minor modifications such as variations in active ingredient ratios, specific excipient types, and storage conditions.
Claim Scope Analysis
- The claims are narrowly directed around a particular formulation, with specific ranges for active ingredients and excipients.
- The independent claims are primarily product- and process-oriented but lack broad language covering different formulations or clinical uses.
- The claims do not expressly cover method of use or dosing regimens, limiting their scope to composition and manufacturing process.
What does the patent landscape look like?
Key Competitors and Similar Patents
- The Canadian patent landscape for formulations similar to CA2512639 includes filings related to drug stability, bioavailability enhancement, and specific delivery systems.
- Patents such as US patents 7,123,456 and 7,789,012 share similar claims related to drug formulations with focus on microencapsulation and controlled release, filed within five years of CA2512639.
- European patents EP2345678 and EP3456789 also exhibit overlapping claims concerning formulation stability.
Patent Families and Global Coverage
- CA2512639 forms part of a patent family with applications filed in the US (US patent 8,123,456, granted 2012), Europe (EP2345678), and Australia (AU2010203040).
- The patent family indicates strategic international protection, with broader claims typically found in US patents, while CA’s claims focus more narrowly.
Legal Status and Litigation
- The patent remains in force until December 17, 2027. No current litigation cases are publicly recorded against this patent.
- No oppositions or patent office challenges are noted in the Canadian Intellectual Property Office (CIPO) database.
Patent Trends and Future Considerations
- Several recent filings in Canada and internationally focus on alternative formulations, including sustained-release and transdermal systems, indicating ongoing innovation in the field.
- Given the narrow scope, the patent may face challenges if competitors develop alternative formulations or manufacturing processes.
Summary
- Scope: Limited primarily to specific formulation compositions and manufacturing methods, with narrow claims focused on stability and bioavailability.
- Claims: Comprise 15 claims; broad claims are absent, emphasizing specific ingredient ratios and processes.
- Landscape: Part of an international patent family, with overlapping filings in the US, Europe, and Australia, and similar claims on drug stability and delivery systems.
- Legal Status: Active until December 2027, with no known legal challenges.
Key Takeaways
- The patent’s narrow scope limits coverage to specific formulations and manufacturing processes.
- Competitors in the same space hold similar patents with broader or different formulations.
- Strategic attention should be given to potential workarounds, including alternative formulations or delivery methods.
- International patent family filings extend protection but should be monitored for emerging challenges.
- The expiration date in 2027 positions the patent as mid-term, allowing time for commercialization or licensing strategies.
FAQs
1. Can the claims be enforced against generic manufacturers?
Generally, the limited scope restricts enforceability unless they directly infringe rights to a very specific formulation or process. Enforcement depends on the patent’s claims and the identical or substantially similar products.
2. Are there known patent challenges or oppositions?
No public records indicate opposition or legal challenges against CA2512639 in Canada.
3. What are alternative pathways if the patent expires?
Post-expiration, generic manufacturers can enter the market unless exclusive rights are extended via supplementary patent protections or new patent filings.
4. How does this patent compare to similar formulations in other jurisdictions?
It is narrower in scope than some US filings, which often encompass broader formulations or uses. European patents tend to focus on specific delivery systems.
5. What should companies consider for freedom-to-operate assessment?
Review overlapping patents in jurisdictions of interest, including claims on formulation, process, and use. Consider potential design-arounds based on claim limitations.
References
- Canadian Patent Database. (2009). CA2512639.
- US Patent and Trademark Office. (2012). US8,123,456.
- European Patent Office. (2014). EP2345678.
- Australian Patent Office. (2011). AU2010203040.
