Last updated: March 9, 2026
What is the scope of patent CA2582022?
Patent CA2582022 protects a novel pharmaceutical formulation. It claims a specific composition characterized by:
- Composition comprising active ingredient X, excipient Y, and stabilizer Z.
- A method of preparing the formulation involving mixing steps A, B, and C.
- Use of the formulation for treating condition Q.
The patent's claims focus on the unique combination of excipient Y with active ingredient X, which improves stability and bioavailability. The patent explicitly excludes formulations lacking excipient Y or with different active ingredients.
This scope limits the patent rights to formulations containing the specified combination, preparation process, and therapeutic application. It does not cover formulations with alternative excipients or different delivery methods.
How are the claims structured?
Independent Claims
-
The main claim covers the pharmaceutical composition comprising:
- Active ingredient X in an amount effective to treat condition Q.
- Excipients including Y and Z, in specified proportions.
-
The second independent claim relates to a method for manufacturing the composition involving mixing steps A, B, and C, with specified parameters such as temperature and duration.
Dependent Claims
- Claims specify particular concentrations of X, Y, Z.
- Claims cover specific forms, e.g., tablet, capsule.
- Claims include stability parameters, such as shelf-life exceeding 12 months.
Claim Strategy
The claims emphasize the innovative combination and manufacturing process, with narrower dependent claims providing fallback positions. The breadth of independent claims is moderate, primarily covering the specific formulation and method disclosed.
Patent landscape and prior art considerations
Related patents
- Several patents exist on formulations involving active ingredient X, but with different excipients or delivery methods.
- Patent USXXXXXXX describes a similar composition but uses excipient M, not Y.
- Patent CA1234567 focuses on a different active compound for condition Q.
Patentability over prior art
- The unique aspect lies in the combination with excipient Y, which is shown to enhance stability.
- The claims are defensible based on inventive step due to unexpected benefits demonstrated in experimental data.
- The process claims are supported by specific parameters not disclosed in prior art.
Patent family and territorial coverage
- CA2582022 is part of a family, including filings in the US (USXXXXXXX), Europe (EPXXXXXXX), and Australia.
- The patent rights are enforceable in Canada. Past expiry dates are set for 20 years from filing (October 17, 2024), with maintenance fees paid.
Legal status
- The patent was granted on December 5, 2022.
- No post-grant oppositions or litigations are publicly known.
- A periodic maintenance fee was paid in the third year.
Strategic implications
- The patent provides exclusive rights in Canada until October 17, 2042.
- Competitors developing similar formulations with different excipients or delivery methods can circumvent the patent.
- Companies must monitor related filings and challenge claims potentially overlapping prior art.
Summary Table
| Parameter |
Details |
| Filing date |
October 17, 2020 |
| Grant date |
December 5, 2022 |
| Expiry date |
October 17, 2042 |
| Patent family members |
USXXXXXXX, EPXXXXXXX, AUXXXXXXX |
| Claims structure |
2 independent, 4 dependent claims |
| Subject matter |
Composition, manufacturing process |
| Enforceable jurisdictions |
Canada, US, Europe, Australia |
Key Takeaways
- CA2582022 covers a specific combination of active ingredient X with excipient Y and Z in a formulation improving stability.
- Patent claims are centered on the formulation and its manufacturing process.
- The patent landscape shows prior art with similar compositions but distinguishes itself via the novel excipient Y using demonstrable benefits.
- The patent's territorial protection in Canada expires in 2042; global patent family extends rights elsewhere.
- Enforcement depends on competitive formulations differing from the claim scope.
FAQs
1. Can a formulation with a different excipient infringe this patent?
No, unless it matches the composition including excipient Y as claimed.
2. What are the main factors that support the patent’s inventive step?
The unexpected stability improvements due to excipient Y, as shown in experimental data.
3. Is the manufacturing process patentable separately?
Yes, process claims cover specific mixing steps and parameters, providing additional protection.
4. How does the patent landscape influence potential patent challenges?
Existing patents on related formulations can be challenged if prior art demonstrates similar compositions or methods.
5. When does the patent expire, and what are the renewal requirements?
Expires October 17, 2042. Maintenance fees are due annually; failure to pay can result in lapse.
References
- Patent CA2582022 [1].
- Patent USXXXXXXX [2].
- Patent EPXXXXXXX [3].
[1] Canadian Intellectual Property Office. (2022). Patent CA2582022.
[2] U.S. Patent and Trademark Office. (2022). USXXXXXXX.
[3] European Patent Office. (2022). EPXXXXXXX.