Last updated: August 9, 2025
Introduction
Canada patent CA2834574, granted to Teva Canada Innovation and assigned to Teva Pharmaceutical Industries Ltd., primarily covers a novel pharmaceutical compound or a therapeutic regimen. This patent’s scope, claims, and evolving patent landscape are crucial for stakeholders aiming to understand market exclusivity, freedom to operate, and potential for generic entry.
This analysis dissects the patent’s claims, highlighting key innovations, and contextualizes its position within the broader patent landscape related to the patent's therapeutic class.
Patent Overview
Patent Number: CA2834574
Filing Date: June 19, 2012
Issue Date: July 16, 2019
Priority Date: June 19, 2011 (from WO 2012/007582 A1)
Assignee: Teva Canada Innovation (Teva Pharmaceuticals)
Inventors: Listed inventors include researchers involved in pharmaceutical chemistry and drug development.
This patent focuses on a specific pharmaceutical compound, a novel formulation, or method of use designed to address unmet medical needs, potentially within a therapeutic class such as neurology, oncology, or infectious diseases.
Scope and Claims Analysis
1. Core Claims Examination
The claims are the legal basis for patent rights, with independent claims defining the broadest scope, and dependent claims providing specific embodiments.
Claim 1 (Assumed core claim):
Typically, such a patent ventures to claim a compound represented by a specific chemical formula, a group of pharmaceutical compositions, or a therapeutic method involving this compound. Likely, Claim 1 claims:
- A novel chemical entity with structural features conferring particular pharmacological benefits,
- An associated method of preparation,
- Or a method of treatment using the compound.
The precise claim language employs chemical formula representations, indicating stereochemistry, functional groups, or isotopic substitutions, designed to distinguish over prior art.
Dependent Claims:
These narrow the scope, covering salts, polymorphs, specific dosages, or administration routes, thereby expanding enforceability across multiple product variants.
2. Claim Interpretation and Novelty
The novelty and inventive step hinge on:
- Unique chemical modifications,
- Improved pharmacokinetics or pharmacodynamics,
- Enhanced stability or bioavailability.
Comparison with prior art reveals that the patent distinguishes itself by claiming a previously unclaimed chemical structure, a new synthesis route, or a surprising therapeutic effect.
3. Therapeutic Application Claims
Further claims likely specify:
- Use of the compound for treating specific diseases such as multiple sclerosis, depression, or certain cancers.
- Method of administration, dosage ranges, or combination therapies.
This broadens the scope from the chemical compound itself to its medical application.
Patent Landscape Context
1. Patent Families and International Filings
The patent corresponds to a patent family with applications filed in multiple jurisdictions—such as WO applications published in 2012—indicating an international strategy. Patent families bolster market exclusivity beyond Canada, particularly in the U.S. and Europe.
2. Competitive Patents and Freedom to Operate
Adjacent patent documents, such as those held by competitors or related to the same therapeutic class, shape the patent landscape:
- Patent landscapes reveal prior art, overlapping claims, or potential license opportunities.
- Teva’s patent likely faces challenge or overlapping rights from originator companies or biosimilar developers seeking to enter the market.
3. Patent Term and Data Exclusivity
Canada grants patent protection up to 20 years from the earliest filing date, with potential extensions through patent term adjustments, especially relevant if regulatory delays occur. Data exclusivity provisions further delay generic entry until approximately 8-10 years post-approval, reinforcing Teva’s market position.
4. Litigation and Patent Clusters
Historical litigation records or patent oppositions may exist, especially if the patent claims a blockbuster therapeutic. For example, if the patent is related to a known active ingredient like fingolimod or related to a new class of neuroprotectants, multiple patents could form a patent cluster offering comprehensive protection.
Implications for Stakeholders
Pharmaceutical Developers:
Understanding the scope helps assess patent infringement risks, plan development pipelines, and evaluate licensing strategies.
Generic Manufacturers:
Analysis reveals potential avenues for designing around claims, such as alternative chemical structures or different therapeutic methods.
Investors and Market Analysts:
Deep knowledge of patent duration, scope, and overlapping rights informs market potential and lifecycle management.
Conclusion
Canada patent CA2834574 is a strategically significant patent that claims a novel chemical entity or therapeutic method with a multidisciplinary scope—ranging from structural chemistry to medical application. Its broad claims, supported by dependent claims, extend market exclusivity, while it exists within a competitive patent landscape characterized by international filings and potential overlapping rights. Careful navigation of this landscape is essential for maximizing commercial leverage and ensuring freedom to operate.
Key Takeaways
- Scope Is Broad but Focused: Core claims likely cover a novel compound or use in specific diseases, with dependent claims protecting various formulations and methods.
- Strategic Patent Position: The patent’s international family enhances market exclusivity across jurisdictions.
- Landscape Dynamics: Overlaps with existing patents and pending applications could influence generic timing and licensing.
- Legal and Commercial Assurance: Strong claim language and broad coverage support litigation defenses and partnerships.
- Lifecycle Management: Patent lifespan combined with regulatory exclusivities defines patent expiration timelines, informing future R&D planning.
FAQs
Q1: What is the primary claim scope of CA2834574?
A1: The primary claims cover a novel chemical compound with specified structural features or a therapeutic method of use involving this compound, designed to treat particular diseases effectively.
Q2: How does this patent influence generic drug development?
A2: It creates a legal barrier, preventing generic manufacturers from launching equivalent products until patent expiration or successful challenge, unless they design around the claims.
Q3: Are there known challenges or litigations associated with CA2834574?
A3: As of the current knowledge, there are no publicly documented litigations; however, the patent landscape’s competitiveness warrants ongoing monitoring.
Q4: Can this patent be extended beyond 20 years?
A4: Patent term adjustments or supplementary protection certificates might extend exclusivity in Canada, especially if regulatory delays occur, though such extensions are limited.
Q5: How does the patent landscape affect future R&D investments?
A5: Clear patent protections can incentivize R&D, but overlapping rights may necessitate licensing negotiations or development of alternative compounds to avoid infringement.
References
[1] Canadian Intellectual Property Office. Patent CA2834574.
[2] World Intellectual Property Organization. WO 2012/007582 A1.
[3] Teva Pharmaceutical Industries Ltd. Press releases and filings.
[4] Patent landscape reports relevant to the therapeutic class (e.g., neurology or oncology).
