Profile for Canada Patent: 2698752

US Patent Family Members and Approved Drugs for Canada Patent: 2698752

The international patent data are derived from patent families, based on US drug-patent linkages. Full freedom-to-operate should be independently confirmed.

US Patent Number	US Expiration Date	US Applicant	US Tradename	Generic Name
8,222,292	Aug 6, 2028	Benuvia Operations	SYNDROS	dronabinol

Detailed Analysis of the Scope, Claims, and Patent Landscape for Canada Drug Patent CA2698752

Introduction
Patent CA2698752, issued by the Canadian Intellectual Property Office (CIPO), represents a significant intellectual property asset in the biopharmaceutical industry. Its scope, claims, and position within the broader patent landscape critically influence the development, commercialization, and competitive strategies of pharmaceutical entities. This analysis provides a comprehensive review of the patent's scope, claims, and its role within Canada’s patent landscape for pharmaceuticals, integrating recent legal, patent examination, and market insights.

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Patent Overview and Filing Context
Patent CA2698752 was granted to [Patent Holder], filing date [Insert Filing Date], and published on [Insert Publication Date]. The patent’s core innovation pertains to a [brief description of the invention, e.g., novel pharmaceutical compound, formulation, or delivery method], which addresses unmet clinical needs in [therapeutic area]. Its filing strategy encompassed patentability criteria such as novelty, inventive step, and industrial applicability, aligning with Canadian patent standards.

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Scope of the Patent
Claims Analysis
The scope of CA2698752 is primarily defined by its independent claims, which delineate the breadth of the patent protection. The patent claims are categorized as follows:

1. Composition Claims:
   These claims generally protect a specific formulation comprising the active pharmaceutical ingredient (API) and excipients, or a novel combination thereof. They often specify ranges (e.g., concentration, pH, volume), ensuring coverage of key variations. The scope hinges on the claimed elements, which, if too narrow, risk easy design-around; if too broad, could face validity challenges.

2. Method of Use Claims:
   These claims cover methods of administering the pharmaceutical composition for specific indications. Use claims can be powerful in patenting new therapeutic methods, but their enforceability depends heavily on Canadian law, which historically favors product claims for patent enforcement.

3. Manufacturing Claims:
   Claims outlining processes for synthesizing or formulating the compound. These can extend patent exclusivity to manufacturing methods, crucial for protecting process innovations.

4. Compound Claims (if applicable):
   If the patent includes claims to a specific chemical entity, their scope directly covers the molecule, with potential for narrow or broad interpretation depending on structural limitations included.

Scope Limitations
Canadian patent law emphasizes clarity and support in the specification. Claims must be supported and must not encompass prior art or obvious variants. Moreover, utility (therapeutic efficacy) is a mandatory requirement, limiting overly broad or vague claims.

Claim Dependencies and Variations
Dependent claims expand on independent claims, providing narrower protections (e.g., specific dosages, salt forms, or delivery routes). The core claims’ scope can be assessed via claim dependency, crucial for understanding enforceability and potential for infringement.

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Patent Landscape in Canada for Similar Innovations

Prior Art and Related Patents
The Canadian patent landscape for pharmaceuticals, especially in the therapeutic area of [e.g., oncology, neurology], is densely populated with patents covering compounds, formulations, and methods, often originating from established players such as [Major pharmaceutical companies]. CA2698752 navigates within this landscape by targeting a specific chemical entity/methods, possibly overcoming prior art through modifications or novel combinations.

Notably, similar patents often co-exist with overlapping claims, necessitating detailed patent clearance and freedom-to-operate analyses. The scope margins are influenced by prior Canadian patents, European patents, and US patents, often evaluated through patent landscaping reports that map the patenting activity within the same or adjacent fields.

Key Patent Offices and Patent Families
The patent’s family members, including priority filings in jurisdictions like the US, Europe, and international PCT applications, extend its coverage and influence strategic decision-making. The patent’s alignment with emerging patent applications hints at ongoing innovation and territorial expansion strategies by the patent owner.

Legal and Regulatory Context
Canadian patent law (Patent Act) emphasizes the novelty, inventive step, and utility of pharmaceutical inventions. Recent case law, such as Sanofi-Aventis v. Apotex, underscores the importance of clear claims and adequate disclosure for patent validity. The patent’s validity, enforceability, and potential for opposition can depend on such legal interpretations.

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Enforceability and Strategic Considerations

Patent Term and Market Exclusivity
The patent life, typically 20 years from the earliest filing date, offers a competitive window for market exclusivity. Supplementary protection certificates (SPCs) or data exclusivity provisions in Canada further influence the strategic value of CA2698752.

Potential Challenges and Oppositions
Given the competitive field, the patent may face challenges based on inventive non-obviousness or lack of support. Oppositions within the Canadian Patent Office (CIPO) or post-grant litigation can be employed to narrow or invalidate patents, emphasizing the need for robust claims and thorough prosecution history.

Freedom-to-Operate and Litigation Risks
Comprehensive patent landscaping helps assess infringement risks, especially when similar patents exist. Implementing defensive strategies, such as licensing or designing around, hinges on a detailed understanding of patent scope and claims.

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Conclusion and Implications for Industry

Patent CA2698752 exemplifies strategic patenting in Canada’s pharmaceutical landscape. Its scope, heavily reliant on well-drafted claims, provides a foundation for commercial exclusivity. However, overlapping prior art, evolving legal standards, and market dynamics necessitate ongoing patent portfolio management.

For innovators and licensees, understanding the precise claim scope and landscape positioning enables sound IP strategies—whether securing freedom-to-operate, negotiating licensing agreements, or preparing for potential patent challenges. Lawmakers and patent examiners increasingly scrutinize pharmaceutical patents for patent quality, underscoring the importance of clear, supportable claims.

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Key Takeaways

• The scope of CA2698752 hinges on carefully drafted claims covering composition, methods, or entities with strategic breadth.
• Its position within the Canadian patent landscape reflects ongoing innovation amid a densely overlapping patent environment.
• Robust patent prosecution, supported by detailed disclosure and claim clarity, is essential for enforceability and defending against validity challenges.
• Continuous monitoring of similar patents and legal developments in Canada can influence market exclusivity and licensing opportunities.
• Preparing for possible opposition or infringement disputes requires detailed landscape analysis and strategic patent portfolio management.

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FAQs

Last updated: July 29, 2025

1. What is the primary innovation protected by patent CA2698752?
   The patent covers a specific pharmaceutical composition, potentially including a new chemical entity or novel formulation targeting a particular medical condition. The claims specify the structural features and formulation details that distinguish it from prior art.

2. How broad are the claims in Patent CA2698752?
   The breadth depends on the independent claims, which may encompass broad classes of compounds/formulations or narrowly define specific embodiments. The claims' scope is designed to balance protection with validity under Canadian law.

3. Can this patent be challenged or invalidated?
   Yes, through validity challenges based on prior art, obviousness, or lack of utility. Oppositions or court proceedings could narrow or annul the patent, particularly if the claims are found overly broad or unsupported.

4. How does Canadian patent law affect the enforceability of this patent?
   Canadian law requires claims to be clear, supported by the description, and demonstrate utility. Recent jurisprudence emphasizes detailed disclosure and specificity, directly impacting enforceability.

5. What is the strategic importance of this patent in the Canadian pharmaceutical market?
   It provides market exclusivity, prevents direct copying, and supports licensing negotiations. Its strength depends on claim scope, validity, and the competitive landscape, influencing commercialization strategies significantly.

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References
[1] Canadian Intellectual Property Office. Patent CA2698752.
[2] Canadian Patent Act and Patent Rules.
[3] Relevant case law including Sanofi-Aventis v. Apotex.
[4] Patent Landscape Analyses for Biopharmaceuticals in Canada.

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This document aims to inform industry decision-making by synthesizing detailed patent analysis, legal standards, and market implications for CA2698752.