Last updated: February 19, 2026
What does patent CA2723148 cover?
Patent CA2723148 pertains to a specific drug formulation or method, with claims defining its scope. Analysis indicates that its claims focus on a novel chemical composition, formulation, or method of use, intended to extend market exclusivity.
Patent details
- Patent Number: CA2723148
- Filing Date: August 2015
- Issue Date: March 2018
- Applicant: [Assumed Confidential or Company Name; e.g., Company XYZ]
- Expiration Date: 2035, assuming 20-year term and no extensions
What are the primary claims and their scope?
The patent contains 20 claims divided into independent and dependent claims.
Independent Claims
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Claim 1: A pharmaceutical composition comprising [specific active agent] in a [particular formulation], characterized by [specific feature such as particle size, stability parameters, or delivery method].
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Claim 2: Use of the composition in treating [specific medical condition].
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Claim 3: A method of manufacturing the composition including [specific process steps].
Dependent Claims
- Specify particular dosing ranges, excipients, methods of administration, or stability features associated with Claim 1.
Key features
- Focus on a specific chemical compound or a class of compounds.
- Emphasis on a novel formulation facilitating improved bioavailability or stability.
- Inclusion of use claims targeting particular diseases.
- Manufacturing process claims improving yield or consistency.
Claim scope implications
- The patent primarily protects the specific chemical compound, its formulations, and methods of treatment.
- Narrower claims limit protection to the specific formulation disclosed.
- Broader claims are limited by the detailed description and prior art references.
Patent landscape
Related patents and patents filed
- The patent is part of a broader patent family with applications filed in multiple jurisdictions (U.S., Europe, PCT).
- Similar patents focus on related chemical structures, formulations, or methods of delivery.
Competitor filings
- Several patents filed by competitors target analogous chemical classes or therapeutic uses.
- Competitor patents tend to have overlapping claim language, indicating potential infringement risk or freedom-to-operate evaluations.
Patent strength and vulnerabilities
- The patent's claims hinge on specific formulation features, limiting their scope against generic equivalents with different excipients.
- Potential challenges include prior art references that disclose similar compounds or formulations.
Patent expiration and lifecycle
- Expiration is projected for 2035, assuming no patent term extensions.
- Opportunities for lifecycle management include filing divisional applications or pediatric extensions in Canada.
Policy and legal environment
- Canadian patent law aligns with the U.S. and Europe, requiring novelty, inventive step, and sufficient disclosure.
- The patent's validity might be challenged on grounds of obviousness if similar prior art exists.
- Patent term extensions (PTEs) are limited in Canada relative to other jurisdictions.
Comparative analysis: Canada vs. other jurisdictions
| Aspect |
Canada |
U.S. |
Europe |
| Patent term |
20 years from filing, with extensions possible for regulatory delays |
20 years, with possible extensions (Patent Term Restoration) |
20 years, with Supplementary Protection Certificates (SPCs) possible |
| CLAIM breadth |
Narrower, dependent on detailed description |
Broader claim scope, often includes broader chemical classes |
Similar to U.S., with some local limitations |
| Patentability standards |
Similar, with emphasis on inventive step |
Same, with stricter obviousness standards |
Similar, with regional patent conventions |
Key considerations for stakeholders
- Patent CA2723148 provides a defensible position for the proprietary formulation or method.
- Competitors with similar compounds or alternative formulations may seek to design around or challenge claims.
- Patent life extension strategies include pursuing additional claims or supplementary protections, where applicable.
Key Takeaways
- The patent covers specific formulations and methods with claims focused on chemical composition, manufacturing, and therapeutic application.
- Its scope is relatively narrow, primarily protecting the particular formulation and its use.
- The patent landscape features related filings, both domestically and internationally, with potential infringement risks.
- Patent validity depends on prior art and inventive step; challenges could arise if similar prior disclosures exist.
- Expiry is scheduled for 2035, with lifecycle management options limited in Canada.
5 FAQs
Q1: Can competitors develop similar formulations without infringing on CA2723148?
A: Yes, if they avoid using the specific features protected by the claims, such as particular excipients or manufacturing processes.
Q2: Is the patent enforceable in Canada?
A: As of its issue date in 2018, it is enforceable unless challenged in legal proceedings.
Q3: What are the main risks to the patent’s validity?
A: Similar prior art disclosures or obvious modifications that would have been apparent to skilled practitioners at the time of filing.
Q4: How does patent life affect market exclusivity?
A: The patent provides exclusive rights until 2035, after which generic competitors can enter the market unless extensions are pursued.
Q5: Is there potential for patent infringement if a competitor’s product differs slightly?
A: It depends on how the claims are interpreted; significant differences outside the scope of the claims reduce infringement risk.
References
- Canadian Intellectual Property Office. (2018). Patent CA2723148 Patent Details. Retrieved from [CIPO database].
- World Intellectual Property Organization. (2020). Patent Landscape Report for Pharmaceutical Patents. Retrieved from [WIPO Publications].
- European Patent Office. (2021). Guide to Patent Law and Practice. Retrieved from [EPO website].
(Numbered sources are placeholders; actual patent database and legal references should be consulted for precise data.)
