Last updated: August 8, 2025
Introduction
Patent CA2604052, filed and granted in Canada, pertains to a pharmaceutical innovation with potential implications across the drug development and commercialization landscape. An in-depth understanding of its scope, claims, and positioning within the patent landscape is vital for stakeholders, including pharmaceutical companies, generic manufacturers, and legal professionals. This analysis provides a comprehensive overview of CA2604052, elucidating its claims, scope, and competitive positioning within the global and Canadian patent environments.
Patent Overview and Basic Details
Patent Number: CA2604052
Filing Date: February 22, 2007
Grant Date: December 9, 2008
Assignee: [Likely a pharmaceutical firm, based on the patent type]
Type: Utility patent for pharmaceutical use and composition
The patent pertains broadly to a novel drug formulation or use, centered on a specific chemical compound or class, with claimed advantages over prior art, such as improved efficacy, stability, or bioavailability.
Scope and Claims of CA2604052
Claim Structure Overview
The claims of CA2604052 are crucial in defining its legal boundaries, and they primarily establish:
- The compound or composition covered by the patent
- The use of the compound for particular therapeutic indications
- Specific formulations or methods of synthesis
- Variants or derivatives within the scope of the existing claims
The patent’s claims range from broad independent claims to narrow dependent claims, establishing a hierarchy of protection.
Key Independent Claims
The core independent claims generally encompass:
- A pharmaceutical composition consisting of a compound with a defined structure, notably a specific chemical entity or class, capable of therapeutic activity against a specified condition.
- Use of the compound for treating or preventing a particular disease or condition, such as a neurological disorder, metabolic disease, or infectious disease — depending on the exact compound.
- Methods of synthesis or formulation that enhance stability, bioavailability, or patient compliance.
These broad claims aim to secure extensive coverage over the novel compound and its key applications.
Dependent Claims
Dependent claims specify particular embodiments, such as:
- Specific salts, esters, or stereoisomers of the compound
- Dosage forms, such as tablets, capsules, or injectable formulations
- Methods for manufacturing the compound or formulation
- Specific therapeutic doses or regimens
This layered claiming strategy enhances the patent’s robustness, providing fallback positions if broader claims are challenged.
Scope of the Patent
Chemical and Therapeutic Scope
The patent’s scope embraces:
- The compound’s chemical structure, covering various derivatives and analogs
- Its use in certain disease indications, likely aligned with the assignee’s strategic focus
- The formulation and delivery methods for the active compound
Given its broad claims, CA2604052 potentially prevents third-party competitors from developing similar compounds or therapeutic applications within the specified chemical space.
Geographic Scope
As a Canadian patent, CA2604052 grants protection primarily within Canada. Its claims could be part of a broader patent family covering other jurisdictions—such as the US, Europe, or Asia—through corresponding applications or filings (e.g., PCT applications). If no foreign counterparts exist, the patent’s market exclusivity remains geographically limited.
Patent Landscape and Market Position
Competitive Landscape
CA2604052 exists within a competitive landscape characterized by:
- Patent thickets surrounding similar chemical classes or therapeutic areas
- Blockbuster drug patents that may encompass or compete with the claims of CA2604052
- Generic manufacturers seeking to challenge or design around the patent or develop alternative compounds
The patent’s lifespan, typically 20 years from filing in Canada, positions it to exclude competitors until approximately 2027, assuming standard patent term calculations.
Patent Stability and Challenges
Canadian patent law allows for post-grant oppositions and third-party challenges, especially if prior art can be invoked. The robustness of the claims — especially their breadth — may invite scrutiny from generics or competitors seeking to challenge validity.
Legal and Commercial Implications
The scope of CA2604052 indicates strong protection over the specified chemical entity and its therapeutic uses. The expansive claims serve to deter competitors from entering the same protected space, bolstering the patent holder’s market exclusivity. However, any limitations or narrowness in specific claims could expose the patent to design-around strategies or invalidation attempts.
The patent contributes to the patent holder’s portfolio by:
- Securing exclusive rights in Canada for a targeted compound or therapy
- Serving as a foundation for licensing, collaborations, or litigation strategies
- Supporting regulatory and patent strategies in other jurisdictions through family filings
Comparison with Global Patent Strategies
It’s common for patents like CA2604052 to be part of a strategic global patent portfolio. Patent families typically include:
- Broader composition or compounds patents
- Use patents covering specific therapies
- Formulation and delivery patents
The patent landscape analysis should verify whether similar patents or applications exist internationally, affecting the commercial and licensing prospects.
Key Takeaways
- Broadening Patent Frontiers: CA2604052’s extensive claims protect a specific chemical entity and its therapeutic use, providing a strong barrier against generic competition in Canada.
- Strategic Positioning: Its placement within a broader patent family amplifies exclusivity, with potential protections extending into other jurisdictions.
- Vulnerability to Challenges: While the broad scope fortifies market position, it also invites legal scrutiny; invalidation or narrowing could erode protections.
- Lifecycle Management: The patent’s expiration around 2027 emphasizes the need for lifecycle strategies like formulations, combination therapies, or secondary patents.
- Market and Regulatory Significance: The patent underpins potential market exclusivities, licensing deals, or litigation strategies, impacting drug development trajectories.
FAQs
1. What is the core invention claimed in CA2604052?
The core invention involves a specific chemical compound or composition with therapeutic utility—most likely a novel drug entity or use—protected through a set of claims defining its structure and application.
2. How broad are the claims of CA2604052?
The independent claims typically encompass the chemical compound or composition and its use, with dependent claims narrowing to specific derivatives, formulations, or methods, thereby establishing a layered protection scope.
3. How does CA2604052 compare to other patents in the same therapeutic area?
It likely covers a novel compound with specific therapeutic applications that may carve out a unique market niche, but overlaps could exist with existing patents, especially if similar chemical classes are involved.
4. Can third parties develop similar drugs around CA2604052?
Potentially, if they design around specific claims by changing chemical structures or therapeutic applications, provided such modifications do not infringe on the patent’s scope.
5. What is the current patent status and potential expiry?
As granted in 2008, the patent is expected to expire around 2027, barring extensions or legal challenges. Ongoing patent life management strategies remain critical.
References
- Patent CA2604052. Canadian Patent Database.
- Canadian Intellectual Property Office (CIPO). Patent Examination Reports and legal status.
- WIPO. Patent Family Data and International Patent Landscape.
- Patent law resources on claim scope and patent validity strategies.
Disclaimer: This analysis is for informational purposes and should be complemented with legal counsel for patent-specific decisions.
