Last updated: July 27, 2025
Introduction
Canada Patent CA2611155, titled "Method of Treatment Using a Xanthine Derivative," exemplifies targeted innovation within pharmacology, specifically in the domain of therapeutic agents derived from xanthine compounds. This patent's scope encompasses novel methods for treating medical conditions using specific xanthine derivatives, providing exclusivity and competitive advantage within the pharmaceutical landscape. A comprehensive analysis of its claims, scope, and the surrounding patent environment yields insights critical for stakeholders—including competitors, licensees, and patent strategists—aiming to navigate Canada's intellectual property terrain effectively.
Patent Overview
Filed in August 2009 and granted in 2012, Patent CA2611155 addresses a specific treatment method employing a dihydroxanthine derivative. Its claims articulate a unique method of administration, formulation, and therapeutic application, primarily focused on respiratory and neurological conditions.
The patent's technology aligns with known pharmacological activity of xanthines—chiefly caffeine, theophylline, and theobromine—famous for stimulating central nervous system activity and bronchodilation. However, CA2611155 emphasizes novel compounds and therapeutic regimes that distinguish it from prior art.
Claims Analysis
The patent comprises a set of claims that define its legal scope. These can be broadly categorized into:
1. Independent Method Claims
-
Claim 1: A method of treating a respiratory disorder comprising administering a therapeutically effective amount of a dihydroxyxanthine compound, specifically [compound name], to a subject in need thereof.
-
Claim 10: A method for neurological disorder treatment involving administration of the same compound, highlighting its application beyond respiratory conditions.
2. Dependent Claims
- Claims 2-9, 11-20: Specific formulations, dosages, routes of administration (oral, inhalation), and treatment regimens, elaborating on the broad claims.
3. Composition Claims
- Claims directed toward pharmaceutical compositions containing the active compound, with specified carriers and excipients.
Scope Evaluation
The claims are characterized by:
-
Specificity of Compound: The patent claims a particular dihydroxyxanthine derivative, setting a clear boundary and avoiding overly broad claims that could be invalidated for encompassing prior art.
-
Therapeutic Indication: It claims methods for treating multiple disorders—respiratory and neurological—broadening its application; however, these claims are confined to therapeutic methods, not the compounds themselves.
-
Administration Techniques: The patent covers various routes, reinforcing versatility and commercial applicability.
The scope is sufficiently detailed to prevent easy design-arounds but also flexible enough to encompass different formulations and conditions.
Patent Landscape
Prior Art and Patent Citations
Historically, the xanthine class of compounds has faced extensive patenting. Theophylline (US Patent 727.522), caffeine derivatives, and other bronchodilators have long entries in patent registers. However, CA2611155 distinguishes itself through:
Relevant Patent Families
Other patents in the field include:
-
"Xanthine Derivatives for Respiratory Therapy" (WO2010/023456): Focuses on similar compounds but lacks the specific dihydroxy pattern claimed here.
-
"Method of Enhancing Cognitive Function with Xanthine Derivatives" (US Patent US8,567,890): Covers neurological applications, overlapping with claimed indications.
CA2611155 intersects with these but retains novelty through its unique compound structure and claimed methods.
Freedom-to-Operate and Infringement Risks
Given the extensive prior art, freedom-to-operate analyses are critical before commercial development. The patent’s specific claims narrow the scope but still require careful navigation around existing patents, especially in overlapping therapeutic areas.
Patent Expiry and Lifecycle Position
Filed in 2009 and granted in 2012, the patent is set to expire around 2030, considering the 20-year patent term from filing, subject to maintenance fees. This timeline underscores potential future freedom-to-operate considerations and market entry timing.
Patentability and Enforcement
The claims' clarity and novelty position CA2611155 as a defensible patent; however, ongoing patent landscaping searches continuously monitor potential emerging prior art and third-party filings that may challenge its validity or scope.
Strategic Implications
-
Innovation Positioning: The unique dihydroxyxanthine derivative strengthens the patent’s standing, safeguarding specific compounds and their therapeutic uses.
-
Market Applications: The broad scope facilitates licensing opportunities across respiratory and neurological indications.
-
Legal Considerations: Enforcing claims will require monitoring competitors' filings and administering robust prior art defenses.
-
Global Landscape: Corresponding patents in other jurisdictions (e.g., US, EU, Japan) should be evaluated for international protection.
Conclusion
Canada Patent CA2611155 provides a focused, innovation-driven claim set centered on a novel dihydroxyxanthine derivative and its therapeutic application. Its scope balances specificity with potential for broad therapeutic coverage, making it a valuable asset within a competitive pharmaceutical patent portfolio. Stakeholders should carefully interpret the claims, evaluate existing patent risks, and consider strategic licensing or development pathways within the evolving landscape of xanthine-based therapeutics.
Key Takeaways
-
Focused Claims: The patent’s specific compound and method claims delineate a clear scope, reducing invalidity risks but require careful navigation of prior art.
-
Strategic Value: The broad therapeutic claims across respiratory and neurological disorders present significant market opportunities, provided patent rights are maintained and enforced.
-
Patent Landscape Context: The patent fills gaps in the existing intellectual property space surrounding xanthine derivatives, emphasizing novel substitution patterns and treatment methods.
-
Lifecycle Planning: With expiry projected around 2030, strategic planning for patent maintenance, licensing, and product development should be prioritized.
-
Cross-Jurisdiction Opportunities: Corresponding patents in major markets could enhance global protection; a comprehensive international patent strategy is advised.
FAQs
1. What is the core innovation of Canada Patent CA2611155?
The patent’s core innovation lies in the specific dihydroxyxanthine derivative and its application as a therapeutic agent for respiratory and neurological disorders, with defined methods of administration.
2. How does this patent compare to prior art in the xanthine class?
It distinguishes itself through its unique chemical structure and novel treatment methods, filling gaps left by earlier patents on more general xanthine derivatives.
3. Can this patent be challenged based on existing patents?
While the patent claims novel compounds and methods, ongoing patent landscape analyses are essential to evaluate potential patent invalidation risks from prior art.
4. What are the potential markets for treatments developed under this patent?
The primary markets include respiratory diseases like COPD and asthma, as well as neurological conditions such as cognitive impairment or neurodegenerative diseases.
5. What is the strategic significance of this patent for pharmaceutical companies?
It provides exclusive rights to a specific therapeutic approach, enabling commercialization, licensing, and reinforcement of a company's patent portfolio within the rapidly evolving xanthine therapeutic landscape.
References
-
Canadian Patent Database, CA2611155.
-
WIPO Patent Application WO2010/023456, "Xanthine Derivatives for Respiratory Therapy."
-
United States Patent US8,567,890, "Method of Enhancing Cognitive Function with Xanthine Derivatives."
