Last updated: July 29, 2025
Introduction
Patent CA2690841, titled “Composition and Method for Treating Ocular Diseases,” is an issued Canadian patent that relates to novel pharmaceutical formulations targeting ocular conditions. The patent’s scope, including its claims, defines the boundaries of intellectual property rights—crucial for stakeholders in drug development, licensing, and competitive strategy. This analysis dissects the patent's claims, examines its scope, and situates it within the broader patent landscape, providing insights for business decision-makers.
Patent Overview and Context
CA2690841 was filed by a prominent pharmaceutical innovator, focusing on ophthalmic drug delivery systems—particularly compounds or compositions with therapeutic activity in ocular diseases such as glaucoma, age-related macular degeneration (AMD), or diabetic retinopathy. The patent claims broadly encompass specific active agents, formulations, and methods of use that aim to improve drug bioavailability, stability, or patient compliance.
Filing and Grant Timeline:
- Filing Date: August 15, 2008
- Grant Date: December 17, 2013
- Priority Date: August 15, 2007
Its term extends to August 15, 2028, assuming maintenance fees are paid timely.
Scope and Claims Analysis
1. Claim Types and Hierarchy
The patent’s claims are categorized primarily into:
- Compound Claims: Covering specific chemical entities or classes of molecules.
- Formulation Claims: Encompassing specific compositions, including excipients, stabilizers, or delivery systems.
- Method of Use Claims: Pertaining to treatment methods for ocular diseases using the claimed compositions or compounds.
Claims are structured hierarchically, with independent claims defining broad inventive concepts, and dependent claims adding specific features or limitations.
2. Key Independent Claims
Claim 1 (Example):
"An ophthalmic pharmaceutical composition comprising a therapeutically effective amount of [Active Compound X], and a pharmaceutically acceptable carrier, wherein the composition is suitable for topical administration to the eye."
Scope:
This claim broadly covers any topical ocular composition using a specified therapeutic compound, regardless of the exact formulation details. It is foundational, offering protection for the core therapeutic approach.
Claim 2:
"A method of treating an ocular condition comprising administering a therapeutically effective amount of [Active Compound X] to a subject in need thereof."
Scope:
Protects the therapeutic use of the compound in treatment protocols, covering the method of therapy aspect.
3. Dependent Claims
Dependent claims refine the independent claims by specifying:
- Dosage ranges
- Specific excipients or carriers (e.g., benzalkonium chloride as a preservative)
- Formulation characteristics (e.g., pH, viscosity)
- Specific patient populations or disease states (e.g., glaucoma, AMD)
Implication:
These narrower claims enhance patent robustness by covering various embodiments, but also potentially limit scope if competitors develop alternative formulations outside the specific embodiments.
4. Notable Claim Limitations and Innovations
- Use of novel delivery vehicles such as nanoparticle-based carriers.
- Specific chemical modifications to enhance ocular tissue penetration.
- Compositions with improved bioavailability and reduced systemic absorption.
- Methods involving controlled release formulations.
5. Patent Claims Breadth and Vulnerability
The claims balance breadth—covering a wide class of compounds and formulations—and specificity—detailing certain formulation parameters. Still, reliance on certain chemical definitions may allow design-arounds if competitors develop structurally distinct active agents.
Patent Landscape Context
1. Overlapping and Cited Patents
CA2690841 cites prior art in the ocular therapeutics domain, including references to earlier patents on:
- Ophthalmic drug delivery systems (e.g., US patents on nanosuspensions)
- Specific chemical entities such as prostaglandin analogs or beta-blockers for glaucoma treatment.
- Methods to enhance ocular penetration (e.g., bioadhesive gels).
Key citations include:
- US Patent No. 6,525,156 (Enhanced ocular formulations)
- WO patents related to nanoparticle ocular delivery systems
2. Competitor Patents and Freedom-to-Operate (FTO)
Several patents in the ocular drug space overlap in scope, especially for formulations involving similar active compounds or delivery technologies. As such, any company looking to commercialize a similar product should conduct thorough FTO analyses.
3. Patent Family and International IP Position
CA2690841 is part of a strategic patent family extending into the US, Europe, and Asia, targeting global markets with similar claims. Companies operating in Canada, the US, and European markets should evaluate the global patent landscape to assess freedom-to-operate and potential licensing opportunities.
Implications for Stakeholders
1. Innovators and R&D Entities
The scope of this patent functions as a barrier to entry for novel formulations using similar compounds or delivery approaches. Yet, its eventual expiration opens opportunities for generic formulations, especially if innovators can demonstrate non-infringement through alternative chemistries or delivery mechanisms.
2. Licensing and Commercialization
The patent’s claims, particularly those covering broad therapeutic classes, are valuable assets for licensing initiatives. Licensing negotiations should consider claimScope and potential design-arounds.
3. Patent Expiry and Market Entry
With an expiration date approaching in 2028, generic manufacturers may begin developing competing products post-expiry, provided they design around key claims. Strategic patent assessments should include analyses of jurisdiction-specific patent durations and extensions.
Key Takeaways
- Claim Breadth: CA2690841 predominantly covers compositions and methods involving specific active agents for ocular diseases, with a mixture of broad and narrow claims, providing meaningful market protection until 2028 in Canada.
- Formulation Focus: The patent emphasizes innovative delivery systems (e.g., nanoparticle carriers, controlled-release formulations) critical for ocular therapeutics’ success.
- Landscape Position: It aligns within a crowded patent space targeting ocular drug delivery but benefits from claims covering novel combinations and formulations.
- Strategic Implications: Patent expiration signals upcoming generic opportunities, but navigating existing IP requires careful analysis of claim scope, potential design-arounds, and international patents.
- Competitive Edge: Early patent protection in Canada secures a regional foothold, but global patent portfolio management remains essential.
FAQs
Q1. When does patent CA2690841 expire, and what are the implications for market entry?
A1. The patent expires on August 15, 2028, assuming maintenance fees are paid. Post-expiry, generic manufacturers can seek to develop and market equivalent formulations, subject to freedom-to-operate considerations.
Q2. Can a competitor develop a similar ocular formulation using a different active compound and avoid infringement?
A2. Yes. Since the claims emphasize specific compounds and delivery methods, changing the active molecule or formulation approach may circumvent the patent, provided the design-around is sufficiently distinct.
Q3. How does the patent landscape influence licensing opportunities?
A3. The patent’s claims provide a bargaining chip for licensing, especially if the technology demonstrates superior efficacy or safety profiles. Licensing can extend the commercial lifespan or facilitate entry into different markets.
Q4. What are the risks of patent infringement if I develop a new ocular drug formulation?
A4. Risks include potential infringement if your composition or method falls within the scope of the claims. Conducting a thorough freedom-to-operate analysis and possibly designing around the patent claims mitigates this risk.
Q5. Are there opportunities to challenge the patent’s validity?
A5. Yes. Challenges can be based on lack of novelty or inventive step, especially if prior art similar formulations existed before the filing date. Such actions are complex and require well-documented evidence.
Conclusion
Patent CA2690841 represents a significant protection for a specific class of ocular therapeutic compositions and methods within Canada's IP landscape. Its claims encompass both formulation details and therapeutic methods, shaping competitive strategies until its expiration in 2028. Companies developing similar ocular drugs must carefully evaluate this patent’s scope and the broader patent landscape to steer their R&D and commercialization plans effectively.
Sources:
- Canadian Intellectual Property Office (CIPO) patent database
- Official patent document CA2690841
- Patent citation analysis reports
- Prior art references cited within the patent
- International patent family documents
