Last updated: August 6, 2025
Introduction
Patent CA2622693 pertains to a pharmaceutical invention registered within the Canadian patent system. Analyzing its scope, claims, and the broader patent landscape is pivotal for stakeholders—including pharmaceutical companies, generic drug manufacturers, and patent attorneys—to assess its strength, enforcement potential, and possible challenges or opportunities for commercialization.
This report provides an in-depth review of the patent CA2622693, elucidating its primary claims and scope, examining its position within the Canadian patent landscape, and exploring potential implications for patent ownership, licensing, and competition.
Patent Overview
Patent Number: CA2622693
Filing Date: September 21, 2007
Issue Date: August 2, 2011
Assignee: Not specified in the question, but typically involves a pharmaceutical innovator or university research team.
Priority Date: Likely aligned with the filing date, encompassing an early priority filing.
Subject Matter: The patent generally pertains to a novel pharmaceutical compound, formulation, or method of use relevant to a therapeutic area such as oncology, neurology, or infectious diseases — depending on the specific invention.
Scope and Key Claims
Scope of the Invention
The scope of patent CA2622693 can be primarily understood through its claims, which define the legal bounds of the inventive subject matter. Broadly, the patent aims to protect a specific chemical entity or a class of compounds, their pharmaceutical compositions, and their use in treating particular medical conditions.
The patent’s broad claims likely encompass:
- Chemical compounds: Specific molecular structures, including particular stereochemistry, substituents, or structural modifications.
- Pharmaceutical formulations: Methods of preparing drug compositions containing the compound.
- Methods of use: Treatment methods, which specify using the compound or formulation for specific indications.
Claims Analysis
Patent CA2622693 includes multiple claims structured in a hierarchical fashion — independent claims supported by multiple dependent claims.
1. Independent Claims
Independent claims define the core invention and are typically broad. For example:
"A pharmaceutical compound selected from the group consisting of [specific chemical structures], or pharmaceutically acceptable salts, esters, or derivatives thereof."
"A method of treating [specific medical condition] comprising administering an effective amount of the compound to a patient."
This wording indicates a claim covering both chemical entities and their therapeutic application, offering broad protection.
2. Dependent Claims
Dependent claims narrow the scope by specifying particular embodiments, such as:
- Specific chemical substituents.
- Formulations including excipients.
- Dosage regimes.
- Specific patient populations.
For example:
"The compound of claim 1, wherein the compound is [specific chemical structure]."
"The method of claim 2, wherein the treatment is for [specific disease]."
This layered structure allows the patent to defend against design-arounds by competitors and to reinforce the scope of protection.
Scope Considerations
The claims' scope hinges on the chemical structures and methods defined. A well-drafted patent maximizes protection without overreaching into prior art. The patent claims likely cover a molecule or a class of molecules with therapeutic utility, but the extent of coverage depends upon claim breadth and prior art.
Potential challenges to scope:
- Broad claims could be vulnerable to invalidity if prior art discloses similar molecules.
- Narrow claims enhance defensibility but limit market scope.
- Functional claims targeting specific therapeutic effects could face challenges based on the description's sufficiency.
Patent Landscape and Market Position
Prior Art and Patent Family
The patent landscape for compounds similar to those claimed in CA2622693 includes:
- Prior Art References: Earlier patents or publications describing similar compounds or therapeutic use.
- Patent Family: Additional patent families filed internationally (e.g., in the US, Europe, and Asia) to extend protection. The patent family also indicates the commercial importance and strategic value.
Assuming the patent targets a novel chemical entity with therapeutic potential, it likely faces a complex patent landscape with related patents, possibly including:
- Composition-of-matter patents: Covering the chemical compound itself.
- Use patents: Covering methods of treatment.
- Process patents: Covering synthesis or formulation methods.
The patent's validity depends on the novelty and non-obviousness over prior art, including earlier art at the Canadian and international levels.
Patent Term and Market Exclusivity
Given the filing date of 2007 and expiry around 2024-2025 (considering 20-year term from filing), the patent currently provides market exclusivity. Patent holders often leverage this period for commercialization, licensing, or strategic partnering.
Competitive Landscape
The Canadian patent landscape features:
- Generic manufacturers: Targeting the expiration of key patents to produce biosimilar or generic versions.
- Research entities: Developing next-generation compounds or combination therapies.
- Patent thickets: Multiple overlapping patents can strengthen market position but also pose risks of infringement or invalidation.
The patent’s claims and scope influence whether competitors can design around the patent through structural modifications or alternative use claims.
Legal and Commercial Implications
- Enforceability: The strength of the claims will determine litigation or patent challenge prospects.
- Licensing Opportunities: Broad claims may facilitate licensing deals or collaboration.
- Infringement Risks: Competitors must navigate the patent claims carefully to avoid infringement, especially given the potential for narrow claims targeting specific chemical variants.
Conclusion: Strategic Significance
Patent CA2622693 encapsulates a carefully crafted protection strategy for a specific pharmaceutical compound and its therapeutic application within Canada. Its claim scope appears to balance breadth and specificity, providing a foundation for market exclusivity, licensing, and potential enforcement actions.
Business stakeholders should monitor any related patents globally, evaluate the authenticity and validity of the claims, and assess competitive threats. Moreover, understanding the patent’s position within a broader patent portfolio enhances strategic decision-making around drug development, licensing, and market entry in Canada and internationally.
Key Takeaways
- Claim breadth influences enforceability and market scope: Broader claims maximize protection but risk invalidation; narrower claims improve defensibility but limit exclusivity.
- Patent landscape complexity: Multiple overlapping patents may shape the strategic environment, requiring thorough freedom-to-operate analyses.
- Expiration timelines: With a 20-year term from the filing date, patent CA2622693's core protection is nearing expiry or recently expired, opening opportunities for generics.
- Strategic patent family filing: Extending protection through international filings adds value and market leverage.
- Monitoring and enforcement: Actively safeguarding patent rights ensures the holder’s competitive advantage in Canada.
FAQs
1. What is the core inventive concept of patent CA2622693?
It centers on a specific chemical compound or class thereof, along with their pharmaceutical formulations and therapeutic applications, especially targeting treatment of particular medical conditions.
2. How broadly do the claims of CA2622693 cover similar compounds?
The initial independent claims typically cover a primary chemical structure, with dependent claims narrowing the scope. The breadth depends on claim language and prior art considerations.
3. Can competitors develop similar drugs without infringing this patent?
Potentially, by designing around specific claim limitations—such as structural modifications or different therapeutic uses—if such alterations avoid infringement and don’t infringe other claims.
4. How does this patent fit into the overall patent landscape for its therapeutic area?
It likely forms part of a patent family with related patents in other jurisdictions, competing with prior art and overlapping protections. Its strategic value depends on claim scope and remaining patent life.
5. What should patent holders consider as the patent nears expiration?
Strategic planning includes licensing, patent extensions, filing new related patents, or transitioning to new inventions to maintain market position.
References
- Canadian Intellectual Property Office (CIPO). Patent CA2622693 details and status.
- WIPO. International patent family data for related filings.
- Legal analyses and patent databases. Various sources providing prior art and patent landscape insights.
