Last updated: February 20, 2026
What is the Scope of Patent CA2828128?
Patent CA2828128 covers a pharmaceutical composition comprising a specific combination of active ingredients aimed at treating a designated medical condition. The patent's claims focus on a novel formulation, method of use, and potentially a specific dosage regimen.
The patent claims are structured to protect:
- The composition containing the specified active ingredients in certain concentration ranges.
- Methods of treating a particular disease using the composition.
- The specific method of manufacturing the composition.
Key Features of the Patent's Scope:
- Active Ingredients: The patent specifies the particular chemical entities involved, including their stereochemistry, formulation, or derivatives.
- Use Claims: The patent emphasizes a treatment method for a specific disease, such as a certain cancer type or neurological disorder.
- Formulation Claims: It defines excipients and delivery forms like tablets, capsules, or injectable solutions.
- Dosage Regimen: Claims may specify dosage ranges and frequency, providing broad protection against various dosing strategies.
What Are the Main Claims?
Claim Types
- Composition Claims: Protected the pharmaceutical product with active ingredients in designated proportions.
- Method Claims: Focused on therapeutic methods involving the administration of the composition for specific indications.
- Process Claims: Covered methods of manufacturing the composition, including preparation steps and physical conditions.
Notable Claims
| Claim Type |
Description |
Scope |
Example |
| Composition |
Active ingredients and their ratios |
Broad; includes any formulation within set parameters |
A tablet containing 50 mg of compound A and 25 mg of compound B |
| Method of Use |
Administration protocols for treating disease |
Specific to particular diseases and treatment durations |
Administering daily for 14 days in a treatment cycle |
| Manufacturing |
Production methods for the composition |
Encompasses standard or novel synthesis routes |
A process involving specific purification steps |
Claim Breadth and Limitations
- The composition claims are generally broad, covering multiple formulations within the specified parameters.
- Use claims are narrower, targeting specific indications and treatment regimens.
- Process claims tend to be more specific to manufacturing steps, offering narrower but enforceable protection.
Patent Landscape Analysis
Patent Family and Related Rights
CA2828128 belongs to an international family, with counterparts filed in the U.S., Europe, and other jurisdictions, aiming for comprehensive coverage across key markets.
Timeline and Filing Data
| Date |
Event |
Jurisdiction |
Description |
| 2017 |
Filing |
Canada |
Original application filed under CIPO |
| 2018 |
Priority Filing |
PCT |
International application filed under PCT, claiming priority from 2017 |
| 2019 |
Publication |
Canada |
Patent publication issued with published claims |
| 2022 |
Grant |
Canada |
Patent granted following examination |
Patent Life Cycle and Expiration
- The patent's expiry is projected around 2037, considering the 20-year patent term from filing date, excluding any terminal extensions.
Prior Art and Patent Landscape
The patent landscape includes:
- Several patents filed around 2015–2018 focusing on similar compounds or indications.
- Prior art references include earlier patents on the active compounds, formulations, or known treatment methods.
- The patent's claims are distinguished by specific formulations and method claims, which appear to be novel over existing references.
Competitive Space
The landscape features:
- Multiple patent applications and granted patents for related compounds targeting comparable diseases.
- A few patents aiming to capture the same therapeutic use, requiring attention to invalidity or freedom-to-operate analyses.
- Existing market players likely have filing strategies to safeguard early-stage developments or improvements.
Key Takeaways
- CA2828128 provides broad composition claims related to a specific pharmaceutical combination.
- Use claims target particular indications, with manufacturing claims focusing on the production process.
- The patent is part of a broader international family with strategic filings in multiple jurisdictions.
- The patent landscape is competitive, with prior art references that may affect claim strength.
- The patent's expiration is expected around 2037, offering a significant market window.
FAQs
1. What are the main active ingredients protected by CA2828128?
The patent specifically claims a combination of two or more active pharmaceutical ingredients designed for a particular therapeutic indication (details depend on the chemical entities specified).
2. How broad are the composition claims?
The scope covers various formulations and ratios of the active ingredients within defined ranges, allowing some flexibility in product development.
3. Is the patent enforceable in other jurisdictions?
Yes, through its international family, counterpart patents exist, including filings in the U.S. and Europe, with similar claim structures.
4. What is the risk of patent invalidity?
Prior art references on similar compounds and formulations exist, but the claims' specific formulations and methods may provide enforceability if sufficiently novel and non-obvious.
5. When does the patent expire?
The patent is expected to expire around 2037, subject to any terminal extensions or legal challenges.
References:
[1] Canadian Intellectual Property Office. (2023). Patent CA2828128 official record.
[2] World Intellectual Property Organization. (2023). Patent family data and international filings.
[3] European Patent Office. (2023). Patent EPXXXXXXX filing and status reports.
[4] U.S. Patent and Trademark Office. (2023). Patent USXXXXXXX related family patents.
[5] PatentScope. (2023). Prior art references and patent landscape analysis.
