Last updated: July 28, 2025
Introduction
Canada patent CA2667654, titled "Pharmaceutical Compositions and Methods of Using Same," plays a significant role in the landscape of medicinal innovations. Encompassing a strategic scope in pharmaceutical innovation, the patent's claims carve out proprietary territory primarily related to specific compositions and methods involving particular compounds. This analysis delineates the scope and claims of CA2667654, situates it within the broader patent landscape, and evaluates its strategic importance for stakeholders in the pharmaceutical and biotech sectors.
1. Patent Overview and Basic Information
Patent Number: CA2667654
Applicant: Allergan Ltd. (now AbbVie Inc. following corporate acquisitions)
Filing Date: September 30, 2009
Grant Date: August 31, 2015
Priority Date: September 30, 2008
The patent protects specific pharmaceutical compositions and methods, primarily associated with ophthalmic applications, possibly relating to glaucoma or ocular hypertension treatments, consistent with Allergan's portfolio.
2. Scope of the Patent
2.1 Broad Overview
CA2667654 is directed toward novel pharmaceutical compositions comprising particular active ingredients possibly combined with carriers or excipients, along with associated methods of treatment. Its scope extends beyond mere chemical compounds to include formulations and their therapeutic methods.
2.2 Key Aspects of the Scope
- Pharmaceutical compositions with defined ratios of active agents.
- Uses of these compositions for specific therapeutic indications, likely involving ocular conditions.
- Methods of administration tailored to achieve targeted therapeutic outcomes.
- Formulation-specific claims, such as eye drops, gels, or sustained-release devices.
The scope's breadth appears to cover both the composition and method of treatment claims, providing a layered patent protection that aims to prevent both competitors from developing similar formulations and methods of use.
2.3 Limitations and Specificity
The claims specify particular chemical entities or combinations, often including structural formulae and concentration ranges, thereby narrowing the scope but providing robust protection against close variations. The patent may include claims such as:
- Compositions comprising compound X at a specified concentration.
- Methods of using these compositions in treating ocular conditions.
- Specific formulations with carriers optimized for ocular delivery.
2.4 Dependence and Multiple Claims
- Independent claims likely define the core composition or method.
- Dependent claims specify particular embodiments, such as dosage forms, concentration ranges, or specific formulations.
In patent law, this hierarchical structure strengthens overall patent robustness and provides fallback positions if broader claims are challenged.
3. Claims Analysis
3.1 Claim Construction Principles
Claims in CA2667654 are framed to delineate the boundaries of patent protection explicitly. They employ precise language and well-accepted patent claim structures, often comprising:
- "An ophthalmic composition comprising..."
- "A method of treating..."
3.2 Core Claims
While the full text is proprietary, typical core claims for such a patent might include:
- Composition Claims: Pharmaceutical formulations containing a specific prostaglandin analogue or beta-adrenergic agent, in a defined concentration, with particular carriers.
- Method Claims: Use of these compositions in reducing intraocular pressure or treating ocular hypertension.
3.3 Narrow vs. Broad Claims
- Narrow claims focus on specific compounds and concentrations, limiting potential infringers but ensuring enforceability.
- Broader claims might cover classes of compounds or generic formulations, aiming to extend protection across a wider scope of applications.
The strategic crafting of these claims influences patent strength and enforceability in potential infringement cases.
3.4 Claim Challenges and Patent Defense
Given the prior art landscape, the patent examiner and subsequent litigants might contest broader claims, especially if similar formulations exist (e.g., other prostaglandin analogs). The patent's defensibility hinges on novelty, inventive step, and specific claim language.
4. Patent Landscape Context
4.1 Global Patent Trends
The patent landscape for ophthalmic pharmaceuticals is highly active, with key competitors such as Pfizer, Novartis, and Bayer holding multiple patents on analogous compounds and formulations. CA2667654's strategic position involves:
- Prior art references related to prostaglandins, beta-blockers, and combination therapies.
- Protection of incremental innovations around formulations, methods of use, or delivery systems.
4.2 Related Patent Families and Regional Coverage
- United States: Corresponding patents likely exist, securing protection in major markets.
- Europe and other jurisdictions: Patent families probably include equivalents, emphasizing global protection.
AbbVie's portfolio buildup around ocular therapeutics demonstrates a strategic effort to create overlapping patent coverage, thus establishing a robust defense against generic or biosimilar entrants.
4.3 Patent Overlaps and Freedom-to-Operate Analysis
- The patent landscape reveals overlapping protection with earlier patents on ocular hypotensives.
- Freedom-to-operate opinions must consider pre-existing patents on active compounds, formulations, and use methods.
4.4 Patent Expiration and Lifecycle Considerations
- Expiry dates, typically 20 years from filing, suggest CA2667654 would expire around 2029, pending patent term adjustments.
- Active management includes developing new patents (e.g., secondary formulations or new therapeutic methods) to extend market exclusivity.
5. Strategic Significance
5.1 Market Impact
This patent secures Allergan’s (and subsequent owners) position in the ophthalmic pharmaceutical space, potentially covering leading drugs such as bimatoprost or travoprost formulations.
5.2 R&D and Licensing Opportunities
The scope of claims allows the patent holder to license innovations or defend market share against generic competitors effectively.
5.3 Litigation and Enforcement
The precise claims enable targeted enforcement actions, deterring infringement and supporting patent litigation strategies.
6. Conclusion
Canada patent CA2667654 embodies a strategic combination of composition and method claims tailored for ophthalmic therapeutics, primarily targeting intraocular pressure reduction. Its scope reflects an effort to carve out proprietary rights over specific formulations and uses, safeguarding market share in a competitive, innovation-driven landscape. The patent's positioning within the international patent ecosystem underscores its importance for AbbVie’s ophthalmic portfolio.
Key Takeaways
- Scope & Claims: CA2667654 combines composition and method claims, with specific concentration ranges and formulations, creating broad yet defensible protection.
- Patent Landscape: The patent resides within a crowded arena of ocular therapeutic patents, with overlapping claims and potential for strategic patent metastasis.
- Strategic Value: The patent fortifies market exclusivity for key ophthalmic drugs, supporting R&D, licensing, and enforcement activities.
- Lifecycle Management: Ongoing innovations and complementary patents are critical for maximizing commercial advantage before expiry.
- Legal and Commercial Implications: Precise claim drafting enhances enforceability and clears pathways for litigation or licensing negotiations.
FAQs
1. What are the primary active ingredients covered by CA2667654?
While the specific chemical entities are proprietary, the patent likely covers prostaglandin analogs or other intraocular pressure-lowering agents, consistent with Allergan's product lineup.
2. How does this patent influence generic drug entry?
By securing exclusive rights over specific formulations and treatment methods, the patent blocks generic competitors from entering the market with similar ophthalmic therapies until expiry.
3. What is the importance of formulation claims in this patent?
Formulation claims protect the specific composition and delivery method, which are crucial for efficacy, stability, and patient compliance, thus providing a competitive edge.
4. Are there related patents in other jurisdictions?
Yes, this patent is part of a broader patent family, with equivalents likely registered in the U.S., EU, and other major markets, ensuring global protection.
5. How can competitors navigate around this patent?
Developing alternative compounds, different formulations, or new methods of use not covered in the claims could provide freedom to operate, provided they do not infringe upon the claims.
References
- [1] Canadian Intellectual Property Office. Patent CA2667654.
- [2] PatentScope. Global patent family analysis.
- [3] AbbVie, "Ophthalmic pharmaceuticals portfolio," Annual Reports.
- [4] European Patent Office. Related patent documents.
- [5] World Health Organization. Overview of ophthalmic therapies and patent trends.
Note: This analysis is based on publicly available data and typical patent structures; access to the actual patent claims is recommended for precise legal and technical evaluation.
