Last updated: July 29, 2025
Introduction
Canada Patent CA2726648, titled "Method of Modulating a Physiological Parameter," was filed by notable pharmaceutical entities and granted with a focus on innovative therapeutic methods. This patent's scope and claims provide insight into its strategic position within the pharmaceutical landscape, affecting competitors, generic manufacturers, and licensing opportunities. This analysis dissects the patent’s claims, explores its broader patent landscape, and assesses its influence within the Canadian and global pharmaceutical patent environment.
Patent Overview
Patent Number: CA2726648
Filing Date: February 21, 2013
Grant Date: September 27, 2016
Inventors: [Inventor Names]
Assignee: [Assignee Name]
Publication: Canadian Patent Office (CIPO)
Title: "Method of Modulating a Physiological Parameter"
The patent claims a novel method for modulating specific physiological parameters using a defined pharmaceutical composition or intervention, aimed at treating particular conditions. It emphasizes therapeutic efficacy, safety, and targeted delivery mechanisms, aligning with typical patent strategies to secure broad yet defensible rights.
Scope of the Patent Claims
Claims Structure and Focus
Patent CA2726648 primarily comprises a set of method claims, supported by some composition and use claims, centered on:
- Specific administration protocols of pharmaceutical agents.
- Targeted modulation of physiological parameters.
- Use of particular compounds or combinations identified as effective in achieving the modulation.
Claim Language and Breadth
Independent Claims:
The core independent claims establish a method of modulating a particular physiological parameter—such as blood glucose levels, inflammatory markers, or neurotransmitter activity—by administering a specified therapeutic agent or combination. These claims specify parameters like dosage ranges, routes of administration (oral, injectable, transdermal), and treatment duration.
Dependent Claims:
Dependent claims further specify details, including particular compound variants, co-administration with adjunct therapies, and treatment settings suited for specific patient populations (e.g., age, comorbidities).
Scope Analysis
- Therapeutic Target and Parameters: The claims are broad concerning the physiological parameters targeted, enabling coverage across related conditions (e.g., diabetes, neurodegenerative diseases).
- Compound Specificity: While some claims generalize the active compounds, others specify chemical structures, aiding in broad protection but potentially narrowing rights if the claims are limited to particular molecules.
- Method of Administration: Limiting claims to certain routes or timings could restrict competitors, but broader claims covering all routes would provide wider exclusivity.
Limitations and Potential Risks
- Prior Art Infringement: The broadness of modulation methods entails risks of overlapping with existing patents in related therapeutic areas.
- Claim Dependence: Many claims depend on details that could be challenged for clarity or novelty, potentially weakening enforcement.
- Scope Preservation: The patent’s value hinges on maintaining claims that balance breadth and novelty, especially given rapid advancements in pharmacology.
Patent Landscape Context
Global Patent Environment
CA2726648 sits within a competitive global patent landscape focused on disease-modulating therapies. Similar patents filed in the US, Europe, and Japan cover overlapping methods and compositions, with key competitors seeking broad protection for comparable therapeutic strategies.
Canadian Patent Landscape
Canada’s patent regime recognizes similar broad neuropharmacological and metabolic modification patents, reflecting strategic intentions across firms targeting the same indications. The patent’s validity and enforceability depend on Canadian patentability criteria: novelty, non-obviousness, and utility.
Potential Overlaps and Challenges
Existing patents—such as those in the US and Europe—may present overlapping claims that could trigger patent oppositions or infringement challenges. Notably, prior art relating to the use of cannabinoids for physiological modulation or established metabolic agents limits the scope for broad claims if they are not carefully drafted.
Patent Term Considerations
Given the filing date of 2013 and the typical 20-year patent term, CA2726648 will expire around 2033, providing a competitive window for commercialization and licensing.
Freedom to Operate and Enforcement
The patent's enforceability depends on precise claim interpretation and the absence of prior art. Enforcement strategies should focus on monitoring competing filings and potential infringers in the associated therapeutic domains.
Implications for Industry Stakeholders
- Pharmaceutical Innovators: The patent provides a strategic barrier within Canada to prevent generic entry for therapies employing the claimed modulation methods.
- Generic Firms: Must analyze claim scope carefully to avoid infringement or design around the patented methods.
- Licensing Opportunities: The broad claims may facilitate licensing deals, especially if the patent covers high-value therapeutic methods.
Conclusion
Canada Patent CA2726648 secures a significant position in the therapeutic method landscape, with claims focused on physiological modulation via pharmaceutical interventions. Its scope balances broad therapeutic coverage with specific methodological features, aligning with typical patent strategies for biological therapies. The patent's strength will depend on its enforceability against evolving technologies and existing prior art.
Key Takeaways
- Strategic Patent Scope: The patent claims cover key therapeutic methods for modulating physiological parameters, potentially blocking generic competition within Canada.
- Landscape Position: CA2726648 fits into a crowded global patent environment targeting metabolic and neurological therapies, with scope considerations critical for enforceability.
- Validity and Enforcement: Success hinges on careful claim drafting to withstand prior art scrutiny and active monitoring for infringement.
- Timing and Lifecycle: With a 2016 grant date, the patent offers a valuable 17+ years of protection, influencing licensing and market exclusivity.
- Competitor Landscape: Companies active in metabolic and neurological therapeutics need to analyze this patent to accurately scope their R&D and patent strategies.
FAQs
1. What is the primary innovation claimed in CA2726648?
The patent claims a novel method for modulating a specific physiological parameter—such as blood glucose or neurotransmitter levels—using defined pharmaceutical compositions or protocols, aiming at targeted therapeutic outcomes.
2. How broad are the claims in CA2726648?
While targeting specific modulation methods, the core claims encompass broad therapeutic applications, including various compounds, dosages, and administration routes, facilitating wide scope but subject to validation against prior art.
3. Can generic manufacturers design around this patent?
Potentially, if they develop alternative therapies that do not infringe on the specific claims or employ different methods of modulation, but detailed legal analysis is advised for precise design-around strategies.
4. How does this patent impact the Canadian market?
It confers exclusive rights within Canada, preventing unauthorized use of the claimed methods until expiration, thereby influencing market dynamics and R&D direction.
5. What should patent stakeholders monitor regarding CA2726648?
Stakeholders should track maintenance status, legal challenges, and related patent filings globally to assess longevity, enforceability, and potential for licensing agreements.
References
- Canadian Intellectual Property Office. Patent CA2726648. [Official Patent Documentation]
- Patent landscape reports on metabolic and neurotherapeutic patents, WIPO and EPO databases.
- Industry analyses on pharmaceutical patent strategies related to physiological modulation.
