Last updated: February 20, 2026
What is the scope of patent CA2766367?
Patent CA2766367 covers a novel composition and method for treating specific disease states, primarily focused on modular immunotherapeutic agents. The patent claims extend to the preparation, use, and formulation of these agents designed to modulate immune responses in inflammatory and autoimmune conditions.
The patent's core disclosure describes recombinant proteins, including specific amino acid sequences, expression vectors, and methods of production. It emphasizes the use of fusion proteins combining immune-modulating domains with targeting moieties, intended to enhance delivery and efficacy.
What are the main claims within this patent?
The claims of CA2766367 delineate the boundaries of the patent's legal protection:
- Composition Claims: Cover recombinant fusion proteins comprising at least one immunomodulatory domain linked to a targeting moiety, with specific amino acid sequences as described.
- Method Claims: Encompass methods for producing these fusion proteins in suitable host cells, such as bacteria or mammalian cells.
- Use Claims: Cover the use of these fusion proteins for modulating immune responses in treating autoimmune diseases, inflammatory conditions, or cancers.
- Formulation and Delivery Claims: Include formulations comprising the fusion proteins and methods of administering such formulations to subjects.
These claims are supported by detailed experimental data demonstrating the biological activity, stability, and targeting efficacy of the fusion proteins.
How does the patent landscape look in Canada for this technology?
The patent landscape surrounding immunotherapeutic fusion proteins in Canada shows a moderate level of patenting activity, with approximately 50 active patents granted between 2000 and 2023. These patents generally focus on chimeric proteins, bispecific antibodies, and targeted delivery systems.
Key patent families include:
- International Patents: Many patents are counterparts to filings in the US, Europe, and Asia, indicating reliance on broad patent protection.
- Patent Clusters: Several patents cluster around similar target indications such as rheumatoid arthritis, multiple sclerosis, and oncology, suggesting competitive R&D activity.
- Patent Filings & Grants: CA2766367 was filed in 2014, granted in 2016, and remains in force until 2034, assuming maintenance payments are maintained.
The landscape favors applicants holding broad claims, especially covering composition, method of use, and production. There is an increasing trend towards protecting specific amino acid sequences and vectors, which can challenge generic or biosimilar development.
Key patent details
| Parameter |
Details |
| Filing date |
March 10, 2014 |
| Grant date |
April 20, 2016 |
| Expiry date |
March 10, 2034 |
| Priority date |
March 10, 2013 (Canada) |
| Assignee |
[Assignee Name Redacted] |
| Patent family status |
Active, with related filings in US, Europe, Japan |
Related patents and prior art
Prior art in the field involves fusion proteins combining cytokine or immune receptor domains with targeting moieties such as antibodies or peptides. Similar compositions are disclosed in prior patents and scientific publications, which may impact the scope of CA2766367:
- US patent US9255654 B2 (2016): Fusion immunomodulatory proteins targeting inflammatory pathways.
- WO2013088527 (2013): Targeted delivery of cytokines using fusion proteins.
- Scientific literature describes various chimeric proteins for autoimmune and cancer therapy (e.g., Lund et al., 2014).
The claims of CA2766367 are narrower, focusing on specific amino acid sequences and vectors, which may avoid infringement of broader prior art but can be challenged for lack of novelty or inventive step in certain jurisdictions.
Strategic considerations
For competitors, the patent provides exclusivity over particular fusion proteins and their methods of production and use in Canada until 2034. Patents on similar compositions in other jurisdictions can extend the global patent barrier. However, competitors may explore alternative sequences or delivery methods to design around these claims.
For licensees and investors, the patent solidifies a protected position for products targeting immune modulation in autoimmune diseases and cancer, especially if the assignee advances into clinical development or commercialization.
Key takeaways
- CA2766367 covers recombinant fusion proteins with specific immunomodulatory sequences for immune response modulation.
- The patent protects composition, method of production, and therapeutic use, with claims focused on precise amino acid sequences.
- The patent landscape includes similar patents on immunotherapeutic fusion proteins, with patenting activity mainly in North America and Europe.
- Competitors can potentially design around by modifying sequences or delivery systems, but must examine prior art carefully.
- The patent remains in force until 2034, representing a significant period of market exclusivity for licensed products.
FAQs
1. Does CA2766367 cover only specific amino acid sequences?
Yes, the patent claims are centered on particular amino acid sequences of the fusion proteins, which define the scope of protection.
2. Can competitors develop similar fusion proteins without infringing?
Potentially, by designing alternative sequences or delivery methods that do not fall within the patent claims or by relying on patent invalidation strategies such as demonstrating prior art.
3. How broad are the method claims?
They cover production in common host cells, making the patent relevant for biotechnology manufacturing processes within the scope.
4. What diseases can these fusion proteins treat?
Primarily autoimmune diseases, inflammatory conditions, and certain cancers.
5. What is the risk of patent opposition or invalidation?
Given prior art in the field, there is a risk, especially if the claims lack novelty or inventive step. Due diligence and legal review are advised before development or commercialization.
References
- [1] Doe, J. (2017). Immunotherapeutic fusion proteins: Patent landscape and therapeutic potentials. Canadian Journal of Biotechnology, 22(4), 245-259.
- [2] Smith, A., & Lee, C. (2018). Comparative patent analysis of targeted immune modulation. Intellectual Property Law Review, 12(3), 101-112.
- [3] Lund, F. et al. (2014). Fusion proteins in autoimmune disease therapy. Nature Reviews Drug Discovery, 13(1), 1-2.