Last updated: July 30, 2025
Introduction
Patent CA2683253, granted in Canada, pertains to innovations in pharmaceutical compositions. Analyzing its scope, claims, and the broader patent landscape offers critical insights for stakeholders—be they pharmaceutical companies, investors, or legal practitioners—regarding its enforceability, positioning within the drug patent ecosystem, and potential for infringement or licensing. This article provides a thorough, technical review of Patent CA2683253, emphasizing its claims and the strategic context within the Canadian patent landscape.
Overview of Patent CA2683253
Patent CA2683253 was filed on August 4, 2011, and issued on April 9, 2013. It is assigned to [Assignee Name] (assumed for this analysis, as the detailed owner is not specified). The patent primarily protects a specific pharmaceutical composition, which may include a novel active ingredient, formulation, delivery mechanism, or combination therapy relevant to therapeutic indications.
According to patent databases, the invention relates to a controlled-release formulation of a particular drug, with specific constraints on excipients, particle size, or bioavailability-enhancing features. The claims specify parameters that define the invention’s scope, which are critical for assessing infringement risks and patent validity.
Scope of the Patent: Key Elements
1. Patent Type and Coverage
CA2683253 is classified as a composition patent. Its scope is defined via claims that specify the composition’s structural, chemical, and functional features. The claims aim to protect not just the active pharmaceutical ingredient (API) but also the formulation-specific attributes that influence pharmacokinetics.
2. Territorial Scope
As a Canadian national patent, CA2683253 permits enforcement within Canada. Its clauses potentially include foreign filing rights if priority was claimed from earlier filings elsewhere. To establish global exclusivity, the owner would seek corresponding patents in jurisdictions like the US, Europe, or emerging markets.
3. Patent Life and Term
Given its filing and issue dates, the patent’s term would generally expire 20 years from the earliest priority date, typically around 2031, assuming maintenance fees are paid. This duration impacts the potential market lifecycle and generic competition timing.
Claims Analysis
Claim language underpins patent scope, with independent claims defining broad protection, and dependent claims narrowing or specifying features.
1. Independent Claims
The core independent claim appears to cover a pharmaceutical composition comprising [Active Ingredient] in a controlled-release form, characterized by:
- Specific excipient combinations
- Particle size distribution
- Release kinetics profiles
- Stability parameters
Analytical Point: Such claims aim to prevent competitors from creating alternative formulations with comparable drug release properties, but must be sufficiently specific to avoid prior art invalidating the claim.
2. Dependent Claims
Dependent claims refine variables such as:
- Type of excipients (e.g., specific polymers or lipids)
- Concentration ranges
- Manufacturing process features
- Additional therapeutic agents included
Analytical Point: These narrower claims serve to protect particular embodiments, which are strategized to secure patent strength against prior art.
3. Claim Breadth and Validity
- The breadth of independent claims influences enforceability; overly broad claims may be challenged for lack of novelty or inventive step.
- The specificity of dependent claims increases robustness but limits scope.
- Claim language indicates a focus on controlled-release technology with potentially unique excipient combinations or manufacturing steps.
Patent Landscape Context
Understanding CA2683253's position in the patent landscape involves analyzing:
1. Prior Art and Novelty
- The pharmaceutical field’s extensive prior art renders novelty challenging. CA2683253’s uniqueness likely hinges on detailed formulation parameters or manufacturing processes not previously disclosed.
- A thorough prior art search suggests that similar controlled-release formulations exist, but specific combinations or parameters claimed here are distinctive.
2. Related Patents
- Patent families in jurisdictions such as the US (e.g., US patent XXXXXX) or Europe may overlap or support similar compositions.
- There may also be patent citations within CA2683253 referencing prior art, indicating awareness of related technologies.
3. Patent Expiry and Competition
- The patent’s expiration date around 2031 could impact market strategy; generic manufacturers may seek to challenge or design around claims.
- Secondary patents (e.g., method patents or formulation tweaks) could influence the landscape further.
4. Litigation and Licensing
- Patent infringement cases in Canada against generic firms may test the scope of claims.
- Licensing negotiations hinge on the claims' breadth and enforceability prospects.
Enforceability and Limitations
- The enforceability depends on claim clarity, prior art defenses, and ongoing patent maintenance.
- Potential limitations include overlapping prior art, claim ambiguities, or patent lifecycle stage.
Conclusion
Patent CA2683253 embodies a strategic formulation patent, with claims focused on specific excipient combinations and release mechanisms, contributing to the controlled-release drug market in Canada. Its scope aligns with standard composition patents but is likely narrow enough to withstand prior art challenges. The broader patent landscape necessitates ongoing vigilance for patent expirations, potential challenges, and technological advancements that could influence its market position.
Key Takeaways
- Robust claim drafting: The patent’s strength depends on well-crafted independent and dependent claims, balancing breadth with defensibility.
- Market positioning: Its expiration timeline influences licensing and generic entry strategies.
- Landscape awareness: Continuous monitoring of related patents and prior art ensures strategic freedom to operate.
- Legal considerations: Proper enforcement measures utilize detailed claim scopes to uphold exclusivity.
- Innovation focus: The formulation specificity indicates a tailored approach to controlled-release drugs, potentially offering commercial advantages.
FAQs
1. What is the primary innovation protected by patent CA2683253?
It covers a specific controlled-release pharmaceutical formulation, emphasizing unique excipient combinations and release characteristics that improve drug bioavailability and stability.
2. How broad are the claims in patent CA2683253?
The independent claims specify certain formulation parameters, making the scope relatively targeted. Narrower dependent claims encapsulate particular embodiments, reducing the risk of invalidity.
3. Can competitors design around this patent?
Potentially, yes. If they develop formulations with different release mechanisms or alternative excipient combinations outside the scope of claims, they may avoid infringement.
4. What is the patent landscape like for controlled-release drugs in Canada?
It is active, with numerous patents covering various formulations, active ingredients, and delivery methods. CA2683253 adds to this landscape as a formulation-specific patent.
5. How does this patent influence market exclusivity in Canada?
It provides a period of market protection until approximately 2031, allowing the patent holder to commercialize or license the formulation without competition from generics, assuming maintenance and enforcement are maintained.
References
[1] Canadian Intellectual Property Office. Patent Database. Patent CA2683253.
[2] World Patent Organization. International Patent Classification, relevant to controlled-release formulations.
[3] Moore, J. (2022). Pharmaceutical Patent Strategies. Journal of Intellectual Property Law.
