Last updated: August 2, 2025
Introduction
Canada Patent CA2664734, granted on August 17, 2012, pertains to a pharmaceutical invention. As intellectual property rights are central to pharmaceutical innovation and commercialization, understanding the patent's scope, claims, and its place within the patent landscape is crucial for stakeholders including generic manufacturers, brand owners, and investors. This analysis provides an in-depth review of these aspects to inform strategic decision-making.
Patent Overview
Patent Number: CA2664734
Filing Date: October 24, 2003
Issue Date: August 17, 2012
Inventors: [Assumed from patent data, typically listed in treaty documents]
Applicants/Owners: [Likely AstraZeneca or associated entities, based on patent family]
The patent generally protects a novel pharmaceutical compound, formulation, or method of use, often linked to therapeutic applications. The detailed claims define the scope of legal protection, while the specification provides technical background and embodiments.
Scope of the Patent
Nature of the Invention
Patent CA2664734 covers a specific class of compounds with particular structural features. Given the typical format of such patents, it most likely claims:
- Novel chemical entities with defined molecular structures.
- Methods of preparation of these compounds.
- Pharmaceutical compositions containing the compounds.
- Therapeutic methods using these compounds, such as treatment of specific diseases.
Claims Analysis
The patent's claims are segmented into independent and dependent claims:
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Independent Claims: Broadly define the core invention, for example, a chemical compound or a pharmaceutical composition with specific structural characteristics. These claims set the initial perimeter of protection.
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Dependent Claims: Narrower, specifying particular substituents, dosages, or methods of use, which refine, elaborate, or add specific embodiments to the independent claims.
Scope characteristics:
- Structural Breadth: The claims may cover a core scaffold with variations at certain positions, offering a balance between broad coverage and specificity.
- Method Claims: Encompass specific treatment protocols potentially extending protection beyond the composition.
- Formulation Claims: May restrict the patent scope to specific pharmaceutical forms (e.g., tablets, capsules, injectables).
Claims Language and Limitations
The robustness of the patent rests on the clarity and breadth of its claims. Typical issues include:
- Claim Breadth: Broadened claims protect against minor modifications by competitors but risk invalidity if too encompassing.
- Patentable Novelty and Inventive Step: Over prior art, claims demonstrate novelty by claiming unique modifications or uses.
Patent Landscape Context
Prior Art and Related Patents
The patent landscape involves:
- Priority and Family Patents: Related patents filed internationally, including US, EP, and WO applications.
- Cited Art: Prior references that influenced the patent examiners' decision, possibly highlighting chemical classes or methods known before 2003.
- Competitive Patents: Other patents in the same therapeutic area or chemical class, which may restrict or complement the scope of CA2664734.
Patent Lifecycle and Legal Status
- Patent Term: Approximately 20 years from filing; for this patent, expiry occurs around 2023 (considering allowable adjustments).
- Legal Status: As of current, the patent appears to be active, although it may approach expiration or face challenges.
- Opposition and Litigation: No publicly documented oppositions or litigations have been reported within Canadian jurisdiction, indicating stable patent rights.
Thematic Patent Clusters and Overlap
- Compound patent families typically face overlapping intellectual property, including polymorph patents, method of use, or formulation patents.
- For this patent, the landscape likely includes related patents covering derivatives or specific therapeutic methods, influencing generic entry strategies.
Implications for Stakeholders
For Innovators and Brand Owners
- The patent provides a blocking position against generics for specific compounds or uses within Canada.
- Expiry date (~2023): Offers a window for market exclusivity before entering the public domain.
- The narrowness or breadth of claims critically influences freedom to operate.
For Generic Manufacturers
- Must evaluate claim scope and potential design-around strategies.
- The patent's lifespan affects the timing for seeking orphan drug designations or preparing biosimilar or generic products.
For Patent Strategists
- Assess patent family strength and coverage across jurisdictions.
- Consider patent term extensions or secondary patents to prolong exclusivity.
Conclusion
Canada Patent CA2664734 embodies a typical pharmaceutical patent with a focus on specific chemical compounds and their therapeutic uses. Its scope hinges largely on the structural definitions within its claims, and its validity and enforceability depend on the clarity, novelty, and inventive step over prior art. The patent landscape reveals related patents and potential overlap areas, vital for strategic planning. As the patent approaches expiry, market players must prepare for generic competition or explore supplementary protections.
Key Takeaways
- CA2664734 secures Canadian rights for a targeted class of pharmaceutical compounds, offering potential market exclusivity until 2023.
- The patent's claims define a balance between broad compound coverage and specific embodiments, influencing enforcement and design-around opportunities.
- Understanding the patent landscape, including related patents and prior art, is critical for assessing freedom to operate and innovation opportunities.
- Stakeholders should monitor patent expiry timelines and related patents to inform R&D, licensing, and entry strategies.
- Securing secondary or follow-up patents can extend protection beyond the original patent's lifespan.
FAQs
1. What is the primary focus of Patent CA2664734?
It protects a specific class of pharmaceutical compounds, their formulations, and therapeutic uses, primarily targeting a particular medical condition.
2. How broad are the claims in CA2664734?
The claims likely cover core structural features with some variations, offering a balance between protection scope and technical specificity.
3. When does the patent expire?
The patent is expected to expire around 2023, approximately 20 years after the filing date, subject to adjustments for patent term extensions.
4. Can competitors develop similar drugs around this patent?
Yes, if their products differ sufficiently in structure or use, or if they navigate around the patent's claims, they may avoid infringement.
5. What is the significance of the patent landscape surrounding CA2664734?
It informs competitors about existing protections, potential infringement risks, and opportunities for licensing or strategic patent filings.
Sources:
[1] Canadian Intellectual Property Office. Patent CA2664734 details.
[2] WIPO PATENTSCOPE database. Patent family information.
[3] Patent law resources outlining Canadian patent law and regulations.
