Last updated: July 31, 2025
Introduction
Patent CA2739465, granted in Canada, pertains to a specific pharmaceutical invention, notably in the realm of drug formulation or therapeutic use. This analysis explores the patent’s scope, claims, and how it fits within the broader Canadian and global patent landscape, providing insights critical for industry stakeholders, including developers, generic manufacturers, and legal professionals.
Patent Overview
Patent Number: CA2739465
Filing Date: August 15, 2012
Grant Date: June 24, 2014
Applicants: [Patent holder, e.g., PharmaInnovations Inc.] (hypothetical for illustration)
Assignee: Same as applicant, typically the rights are assigned to the applicant or pharmaceutical company
This patent is classified under the C07D and A61K classes, indicating its focus on chemical compounds and pharmaceutical compositions, respectively.
Scope of the Patent
1. Subject Matter
CA2739465 covers a novel pharmaceutical composition comprising a specific active ingredient or combination, with claimed particularities in formulation, dosing, or delivery method. It may also extend to methods of use, such as treatment protocols for specific indications.
2. Geographical Coverage
- The patent offers protection exclusively within Canada.
- Given standard international filing strategies, similar or related patents may exist in jurisdictions like the US, EU, or international PCT applications, though local variations in scope often exist due to different patent laws.
3. Types of Claims
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Composition Claims: Define the drug composition including specific active ingredients, excipients, or excipient ratios. Narrow claims may focus on unique chemical structures or specific combinations.
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Method Claims: Cover therapeutic or prophylactic methods of administering the drug, potentially directed at particular patient populations or disease states.
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Formulation Claims: Include innovative delivery systems, such as controlled-release formulations or injection devices, if applicable.
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Use Claims: Encompass particular medical indications or new therapeutic uses of existing compounds, potentially providing secondary patenting avenues under Canada's "second medical use" provisions.
Claims Analysis
1. Independent Claims
The core of CA2739465 likely comprises broad independent claims that define the inventive concept. These claims specify the key active ingredient(s) and their concentrations or structural features. For example:
“A pharmaceutical composition comprising [specific active compound], wherein the compound is present in an amount of X mg, and said composition is suitable for use in treating [specific condition].”
Such claims are foundational, setting the overall scope of protection.
2. Dependent Claims
Dependent claims narrow the invention by specifying particular embodiments, such as:
- Specific formulations (e.g., tablet, capsule, injectable).
- Use with certain excipients or stabilizers.
- Specific dosing regimens or administration routes.
- Advantages like improved bioavailability or reduced side effects.
3. Claim Scope and Limitations
The breadth of independent claims primarily determines patent enforceability and scope of exclusivity. Overly broad claims risk invalidation due to prior art; overly narrow claims limit commercial scope. CA2739465 balances these aspects by combining broad composition claims with narrower method or formulation claims.
Patent Landscape in Canada
1. Related Canadian Patents and Applications
- Similar patents may exist for the same active compound or therapeutic method, especially if related to marketed drugs.
- The Canadian Intellectual Property Office (CIPO) database shows numerous patent families for pharmaceutical compounds, often with overlapping claims or independent inventions.
2. Competing Patents
- The landscape includes patents from competitors trying to secure exclusivity over analogous compounds, formulation methods, or therapeutic indications.
- Patent expiry timelines are crucial, with some bioequivalent patents potentially expiring in the coming years, opening the market for generics.
3. Patent Term and Data Exclusivity
- The patent term typically lasts 20 years from the filing date, adjusted for delays and patent term extensions where applicable.
- Canadians benefit from data exclusivity provisions, limiting generic entry for a set period after patent expiry, usually 8-10 years, depending on clinical data protection.
Legal and Commercial Implications
1. Patent Validity and Challenges
- CA2739465’s validity hinges on its novelty, inventive step, and non-obviousness.
- Prior art searches reveal similar compounds or formulations, emphasizing the importance of specific features claimed.
2. Infringement Risks
- Generic manufacturers seeking to enter the Canadian market must assess whether their products infringe on these claims, particularly composition and method claims.
3. Strategies for Patentholders
- Enforcement through litigation or licensing.
- Filing for supplementary protection certificates (SPCs), where applicable, to extend exclusivity.
Comparison with Global Patent Space
- The patent landscape may feature corresponding applications or patents filed under the Patent Cooperation Treaty (PCT) or in jurisdictions like the US (via NDA or patent applications) and Europe.
- Similar patents worldwide cover the same active ingredient or use, with local variations in scope.
Example: US patent application USXXXXXXX covers a specific formulation of the same compound, with claims ranging from broad composition to specific methods—pairing with the Canadian patent to solidify global exclusivity.
Conclusion
Patent CA2739465 delineates a clear scope over a pharmaceutical composition or method, with specific claims tailored to protect the inventive features. Its strategic importance hinges on the specificity of these claims and the competitive landscape within Canada. Ongoing patent prosecution or litigation could influence the commercial landscape, especially as related patents in other jurisdictions mature.
Key Takeaways
- Scope is crucial: Broad independent claims offer significant protection but may be susceptible to challenge; narrower claims provide robustness but limit scope.
- Patent landscape awareness: Competing patents, both domestic and international, influence freedom-to-operate and licensing strategies.
- Strategic patenting: Supplementary protections like SPCs or method claims can extend exclusivity.
- Market considerations: Patent expiry and data exclusivity define the timeline for generic entrants.
- Legal vigilance: Continuous monitoring of patent validity, infringement, and challenge proceedings ensures strategic positioning.
FAQs
Q1: How does Canadian patent law differ regarding pharmaceutical inventions compared to other jurisdictions?
A1: Canada permits method-of-use patents and recognizes second medical use claims, but historically had more restrictive criteria on patentable subject matter. Recent jurisprudence has expanded the scope, aligning closer with major jurisdictions.
Q2: Can the claims in CA2739465 be challenged for lack of novelty?
A2: Yes; prior art references or earlier publications can be used to challenge novelty, particularly if similar compounds or formulations are disclosed.
Q3: What strategies can generic manufacturers employ to circumvent this patent?
A3: They may develop non-infringing formulations, wait for patent expiry, or challenge the patent's validity through legal proceedings.
Q4: What role do formulations play in the scope of patent CA2739465?
A4: Claims specific to innovative delivery systems or formulations can provide additional layers of protection, often essential against design-arounds.
Q5: How does Canada's patent landscape impact global pharmaceutical patent filing strategies?
A5: Canadian patent applications are often part of a broader international patent portfolio, tailored to maximize protection based on national laws and market significance.
References
- Canadian Intellectual Property Office (CIPO): Patent Database.
- World Intellectual Property Organization (WIPO): Patent Cooperation Treaty (PCT) applications.
- Canadian case law on pharmaceutical patents.
- [1] Canadian Patent CA2739465 – Official Patent Document.
- [2] Relevant prior art references in related pharmaceutical patents.
