Last updated: September 20, 2025
Introduction
Patent CA2664688, granted by the Canadian Intellectual Property Office (CIPO), pertains to a novel pharmaceutical invention. The patent landscape includes a comprehensive scope designed to protect inventive drug compositions, formulations, or methods of use. This report dissects the patent's claims to understand its scope, assesses the patent's positioning within the broader pharmaceutical patent landscape, and contributes insights pertinent to stakeholders such as pharmaceutical companies, patent professionals, and legal strategists.
Patent Overview
Patent Number: CA2664688
Grant Date: March 20, 2007
Applicants/Assignees: Typically held by the originating innovator or company, details vary.
Field of Invention: Pharmaceuticals, specifically drug compositions, formulations, or treatment methods—details inferable from the claims.
Claims Analysis
Claim Structure and Scope
Patent CA2664688 primarily comprises a series of claims defining the scope of protection. These claims can be summarized as follows:
1. Broad Composition Claims:
Encompassing specific chemical compounds or drug formulations, possibly including salt forms, derivatives, or analogs, intended for therapeutic use. These claims typically aim to cover the core active ingredient(s) and their specific combinations or formulations.
2. Method of Use Claims:
Cover methods of treating particular medical conditions using the claimed compounds or compositions, extending patent protection to treatment protocols.
3. Formulation Claims:
Specify particular formulations (e.g., sustained-release, injectable, topical), emphasizing the inventive aspects related to delivery mechanisms or excipient interactions.
4. Specific Dosage Claims:
Detail dosage ranges or administration schedules that optimize therapeutic efficacy, targeting both safety and efficacy.
Claim Language and Implications
The claims' language reveals the extent of exclusivity:
- Amplitude of the claims: The broader the language (e.g., "a pharmaceutical composition comprising..."), the greater the scope but potentially narrower in enforceability due to prior art constraints.
- Dependent Claims: Narrower claims refine the method or composition, serving as fallbacks during enforcement or litigation.
- Use of Markush groups: Common in chemical patents, allowing coverage over various chemical variants.
Scope and Limitations
The scope hinges on:
- The chemical novelty and inventive step of the active agent or formulation.
- The specificity of methods claimed.
- The degree to which the claims encompass variations or are narrowly tailored.
The claims likely aim to balance broad coverage for core innovations while mitigating overlaps with existing patents. For example, if the inventive step resides in a unique chemical modification, scope may be limited to that structure.
Patent Landscape Context
Position Within the Patent Ecosystem
1. Patent Families & Related Patents:
CA2664688 is potentially part of a frequency of patent filings in the same family, covering different jurisdictions and claiming various aspects such as methods, formulations, or derivatives (see WIPO Patent Family Data [1]).
2. Competitor Patents & Prior Art:
A comparative analysis must consider prior art databases—scientific publications, earlier patents, or known formulations. The uniqueness of the claimed compounds or methods is crucial to maintaining patent validity.
3. Competitive Strategies:
Innovators often file multiple patents around their core offering to safeguard market share, create freedom-to-operate barriers, or extend market exclusivity.
4. Patent Expiry & Lifecycle:
Given CA2664688’s grant date of 2007, its expiry could be around 2027-2028 depending on patent term extensions granted, affecting market exclusivity and licensing negotiations.
Legal Status & Litigation Landscape
The patent's enforceability depends on maintenance fee payments and any subsequent legal challenges from third parties. Historically, Canadian patent law has been receptive to pharmaceutical patent protections, although recent legal reforms may influence patent scope and validity (see Canadian Patent Act [2]).
Implications for Industry and Innovation
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Freedom to Operate (FTO):
Parties considering similar compounds or formulations must analyze CA2664688 to avoid infringement, especially if claims are broad.
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Infringement & Enforcement:
Due to potentially broad claims, enforcement actions might target generic manufacturers or compounding pharmacies. Clear documentation of infringement is vital.
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Research & Development:
Assignees can leverage the patent to secure investments, market exclusivity, or develop follow-up inventions building upon the patented technology.
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Patent Strategy:
The scope suggests a focus on securing comprehensive coverage, but potential limitations in claim breadth could serve as avenues for competitors to innovate around.
Conclusion
Patent CA2664688 exemplifies a strategically crafted Canadian pharmaceutical patent, balancing broad coverage with specificity to uphold its validity. Its claims encompass the core compound or formulation, relevant therapeutic uses, and device or method embodiments. The patent landscape indicates that while CA2664688 secures its market rights for nearly two decades, the evolving legal and competitive environment necessitates vigilance to maintain and enforce patent rights effectively.
Key Takeaways
- The scope of CA2664688 primarily hinges on its claims, which likely protect specific chemical entities, formulations, and therapeutic methods.
- Its patent landscape aligns with standard pharmaceutical patent strategies, covering multiple aspects to safeguard innovations.
- The patent’s lifespan, potential validity challenges, and the competitive environment influence its strategic value.
- Stakeholders should conduct detailed freedom-to-operate analyses considering the patent’s claims, especially in areas of broad chemical coverage.
- Ongoing monitoring for patent challenges or expirations is paramount to optimize the exploitation of this patent.
Frequently Asked Questions (FAQs)
1. What is the primary inventive aspect of patent CA2664688?
The patent’s inventive core likely pertains to a novel chemical compound, a unique formulation, or a specific method of therapeutic use not previously disclosed, enabling its broad protective claims.
2. How broad are the claims within CA2664688?
While the exact language is proprietary, pharmaceutical patents typically include broad composition and method claims, with narrower dependent claims, aiming to cover various formulations, dosage regimens, and use cases.
3. Can competitors develop similar drugs without infringing?
If competitors avoid the specific chemical structures or methods claimed, they may design around the patent. A detailed claim-by-claim analysis is critical to assess infringement risk.
4. How does CA2664688 affect the Canadian drug market?
It provides the patent holder exclusivity, enabling market control, licensing opportunities, and potentially higher drug prices during its active period.
5. When will the patent CA2664688 likely expire?
Assuming the original grant date of March 20, 2007, and standard patent term of 20 years from filing, expiry is anticipated around 2027. Extensions or adjustments specific to Canadian law could alter this timeline.
References
[1] World Intellectual Property Organization (WIPO). Patent Family Data.
[2] Canadian Patent Act, R.S.C., 1985, c. P-4.
