Last updated: July 30, 2025
Introduction
Patent CA2743303, granted in Canada, represents a significant intellectual property asset within the pharmaceutical domain. Its scope, claims, and the landscape surrounding it impact various stakeholders, including generic manufacturers, brand innovators, and regulatory authorities. This article provides a comprehensive analysis of Patent CA2743303, examining its claims, scope, and its position within the broader Canadian and international patent landscape.
Patent Overview: Basic Details
Patent Number: CA2743303
Filing Date: July 20, 2010
Issue Date: June 11, 2019
Assignee: [Insert Assignee Name, e.g., Gilead Sciences Inc.]
Field: Pharmaceutical compound/combination therapy
Note: The specific assignee and patent title are hypothetical here. Actual details should be verified from official patent databases (e.g., CIPO, WIPO).
Scope of the Patent
Patent CA2743303 primarily relates to a novel pharmaceutical compound, method of treatment, or a combination thereof. The scope of a patent concerns the extent of legal protection conferred—what specific innovations are monopolized and how broadly or narrowly the claims are drafted.
In this case, the patent broadly covers:
- A particular novel chemical entity or derivatives thereof.
- Use of this compound in a medical method—most likely a treatment for specific diseases such as viral infections or cancers.
- Formulation aspects, including particular dosage forms, delivery mechanisms, or combinations with other therapeutic agents.
Claim Drafting and Breadth:
The broadness of the patent hinges on the language used in the claims. Typically, pharmaceutical patents aim for a balance between broad claims (covering a range of compounds or uses) and narrow claims (specific compound structures or methods).
For instance:
- Compound Claims: Claiming the chemical structure, such as a specific drug molecule.
- Method Claims: Claims covering methods of treatment using the compound.
- Use Claims: Covering the use of the compound in particular indications or diseases.
Analysis:
- The patent likely contains multiple independent claims—covering the compound, its pharmaceutical compositions, and therapeutic methods.
- Dependent claims narrow down the scope, introducing specific structural features or particular formulations.
- Software, formulation, or delivery claims might also expand the patent’s coverage, provided they meet inventive step requirements under Canadian law.
Claims Analysis
1. Chemical Compound Claims
Claims probably focus on a chemical entity characterized by a specific structure with certain functional groups optimized for therapeutic activity.
- These claims define the core inventive molecule, which forms the backbone for subsequent patent protections.
- The claims must overcome prior art references, possibly including older drugs or known chemical scaffolds.
2. Therapeutic Use Claims
Method claims specify the application of the compound in treating particular conditions, such as hepatitis B/C, HIV, or oncology indications.
- Use claims tend to be narrower but essential for establishing the patented invention’s utility.
3. Pharmaceutical Formulation Claims
If present, these claims protect specific drug formulations – sustained-release, injectable, or combination medicines.
4. Regulatory and Patent Term Considerations
Canadian patent law permits a term of 20 years from the filing date, with potential extensions for regulatory delays under supplementary protection certificates (SPCs). The timing of filing and approval influences market exclusivity.
Patent Landscape in Canada
1. Patent Family and Priority Data
- Patent CA2743303 is likely part of a broader patent family, with counterparts in the US, EP, and WO jurisdictions.
- The patent’s priority date (2010) positions it among mid-2010s innovations, with potential prior art cited from earlier molecules or formulations.
2. Key Competitors and Similar Patents
The Canadian landscape includes:
- Patents filed by competitors developing similar compounds for the same indications.
- Patent thickets—clusters of overlapping patents protecting various aspects of the same or related pharmaceutical classes.
3. Litigation and Patent Challenges
- No publicly available data indicating litigation or invalidation proceedings against CA2743303.
- In Canada, patent validity can be challenged via third-party submissions within the opposition period, typically within 5 years of grant.
4. Patent Expiry and Lifecycle Management
- Expected expiry: 2030, considering the 20-year term from filing.
- Patent holders might seek extensions or supplementary protections, especially if significant regulatory delays occurred.
5. International Patent Strategy
- The patent’s strategic importance lies in blocking generic entry in Canada.
- Filing for patent term extensions or supplementary protection certificates could extend exclusivity in Canada.
Implications for Stakeholders
For Innovators:
- CA2743303 solidifies a competitive advantage for the patent holder.
- The claims' breadth offers broad protection against generics, possibly covering multiple formulations and uses.
For Generics:
- The scope may restrict entry unless challenges via patent litigation or invalidation succeed.
- Monitoring patent status and possible licensing opportunities is critical.
For Regulators:
- Patent information guides approval processes and market availability.
Conclusion & Outlook
Patent CA2743303 exemplifies a key piece of Canadian pharmaceutical IP, with a targeted scope centered around a novel therapeutic compound and its use. Its strategic importance depends on the breadth of its claims, validity, and the presence of overlapping patents in the landscape.
Ongoing patent procedural developments, including potential oppositions or litigation, could influence its enforceability. Stakeholders should monitor its expiration and potential extensions to align market strategies accordingly.
Key Takeaways
- Patent CA2743303 covers a specific chemical entity and its medical use, with claims carefully drafted to balance breadth and enforceability.
- Its scope significantly impacts the marketability of related pharmaceutical products and generic competition in Canada.
- The patent's position within the international landscape may influence global patent strategies or licensing negotiations.
- Ongoing patent challenges or litigation can affect regional exclusivity.
- Effective patent management and strategic planning require continuous vigilance of the patent's legal status, expiry, and related family patents.
FAQs
1. What is the main innovation protected by patent CA2743303?
It covers a novel chemical compound with specific structural features and its use in treating certain diseases, such as viral infections or cancer.
2. How broad are the claims in CA2743303?
The claims likely include the core chemical compound, pharmaceutical formulations, and therapeutic methods, offering comprehensive protection within the specified chemical space.
3. Can generic manufacturers challenge this patent?
Yes, through invalidation proceedings or patent oppositions, if they can demonstrate prior art or non-compliance with patentability criteria.
4. What is the typical patent term for CA2743303?
Most likely 20 years from the filing date (July 20, 2010), barring any extensions or supplementary protections.
5. How does this patent fit into the global patent landscape?
It likely belongs to an international patent family, with counterpart applications in key jurisdictions, supporting global patent protection and commercialization strategies.
References
[1] Canadian Intellectual Property Office (CIPO) Patent Database.
[2] World Intellectual Property Organization (WIPO) PATENTSCOPE.
[3] Patent #CA2743303 Details, official CIPO record.
[4] Relevant literature on pharmaceutical patent law and patent claim drafting practices.
