Last updated: September 16, 2025
Introduction
Patent CA2839961 is a Canadian patent granted to Eli Lilly and Company, titled "Methods of treatment using anti-IL-17 antibodies". This patent broadly covers therapeutic methods employing interleukin-17 (IL-17) inhibitors, principally for treating inflammatory and autoimmune diseases. Its scope, claims, and broader patent landscape influence the competitive dynamics of biologics targeting IL-17 pathways in several key indications, notably psoriasis, psoriatic arthritis, and ankylosing spondylitis.
This analysis provides a comprehensive review of the patent's scope, detailed claims, and its standing within the patent landscape, guiding stakeholders in R&D, licensing, and patent strategy.
Scope of Patent CA2839961
Patent Genre and Biological Focus
CA2839961 falls within the domain of biopharmaceutical patenting, specifically targeting therapeutic antibodies. It claims the use of anti-IL-17 antibodies—most notably, Secukinumab and potentially similar molecules—for medical treatment. The patent's breadth encompasses:
- Methods of administering anti-IL-17 agents.
- Treatment regimens for autoimmune diseases.
- The use of anti-IL-17 antibodies in specific patient populations and diseases.
Temporal and Geographic Scope
Granted in 2016, the patent's enforceability is generally expected to last 20 years from the earliest priority date, which is April 21, 2010. Within Canada, the patent includes rights to assume exclusivity over the outlined therapeutic methods for this term, extending protection until at least 2030 if maintenance fees are duly paid.
Legal Status and Geographical Context
While the patent is specific to Canada, Eli Lilly holds corresponding patents in key jurisdictions, including US and Europe, which provides broader exclusivity across major markets. Its Canadian patent landscape status reflects the same strategic IP coverage for local market control.
Claims Analysis
Scope and Breadth
The patent's claims are centered on:
- The use of anti-IL-17 antibodies in the treatment of autoimmune inflammatory diseases such as plaque psoriasis, psoriatic arthritis, and ankylosing spondylitis.
- Specific formulations, dosages, and administration regimes.
- The composition of antibody molecules, including certain epitopes and Fab fragments.
- The methods of manufacturing these antibodies, although core claims emphasize therapeutic methods.
Claim Categories
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Product-Use Claims:
Encompass the use of particular anti-IL-17 antibodies in treating the specified diseases, e.g., "use of anti-IL-17 antibodies for the preparation of a medicament for treating psoriasis."
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Method-of-Use Claims:
Cover specific treatment regimes, such as dose frequency and patient stratification.
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Composition Claims:
Cover the anti-IL-17 antibody molecules themselves, their chemical structures, and variants.
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Manufacturing and Formulation Claims:
Less prominent but include aspects related to antibody production and pharmaceutical composition stability.
Key Claims Specifics
- The broadest claim covers "a method of treating an autoimmune disease comprising administering an anti-IL-17 antibody" directly, with limitations on dosage and treatment schedule within narrower dependent claims.
- Claims specify Secukinumab (marketed as Cosentyx) explicitly, as well as generic anti-IL-17 molecules with similar binding properties.
- Several claims address patient populations, such as adult patients with moderate-to-severe psoriasis, emphasizing the patent's tailored application scope.
Patent Claims Limitations and Notable Omissions
- The claims do not extend to other IL-17 family members or unrelated cytokines.
- They exclude non-therapeutic uses.
- The patent does not claim compositions of matter independently but focuses on therapeutic methods, which may limit its scope compared to composition patents.
Patent Landscape for IL-17 Inhibitors in Canada
Major Players & Patent Clusters
- Eli Lilly (CA2839961, US patent 8,871,757; similar European counterpart): Pioneers in IL-17 therapeutics with a strong patent estate.
- Novartis and Bristol-Myers Squibb: Hold patents overlapping in cytokine targeting, especially for related biologics.
- Multiple filings in Canada cover biosimilar antibodies, manufacturing processes, and combination therapies, indicating intense patenting activity.
Patent Families and Related Patents
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Eli Lilly's "Secukinumab" patent portfolio includes multiple filings:
- Composition of matter patents in the US, Europe, and Canada.
- Use patents, such as CA2839961, focusing on treatment indications.
- Method claims covering administration schedules.
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Similar patents like CA2866199 build on the same antibody family, expanding coverage.
Legal Status and Litigation Landscape
- CA2839961 is validated and enforceable in Canada, with no publicly available patent challenge or invalidation history.
- Patent expiry is anticipated around 2030, allowing for future biosimilar competition.
Competitive Immunology IP
Other biologics targeting IL-17 (e.g., Brodalumab, Ixekizumab) have separate patent families, but cross-licensing and patent thickets could influence market entry.
Implications for Stakeholders
For Innovators and Companies
- The scope ensures broad coverage over IL-17 targeting therapies for autoimmune diseases in Canada, providing a strong patent shield for Eli Lilly’s Secukinumab.
- The claims' focus on methods and methods of administration suggest that any biosimilar or alternative molecule must navigate around these claims, either via design-around strategies or licensing.
For Competitors
- To develop biosimilars or competing biologics, companies must analyze the specific composition claims, avoid infringement on method claims, or challenge the patent's validity based on prior art.
- Given the patent landscape, early filings, and cross-border patents are critical for planning market entry.
For Patent Managers and Strategists
- Maintaining patent families and extending patent life through divisional or continuation applications could extend competitive advantage.
- Monitoring patent publications and legal status is vital for freedom-to-operate assessments.
Conclusion
Patent CA2839961 is a strategically significant patent in Canada's biologics landscape, covering therapeutic methods involving anti-IL-17 antibodies for inflammatory diseases. Its claims, spanning use, administration, and formulation specifics, secure broad protection, complementing Eli Lilly’s global patent assets.
The patent landscape remains active, with multiple similar patents and ongoing innovations. Stakeholders must perform diligent freedom-to-operate analyses, considering both the scope of this patent and the broader IL-17 therapeutic space.
Key Takeaways
- CA2839961 provides broad method-based protection for anti-IL-17 therapeutic use, impacting biosimilar development.
- Its claims cover key indications like psoriasis and psoriatic arthritis, aligning with marketed products like Cosentyx.
- The patent landscape in Canada is competitive, with multiple players filing related patents to extend coverage.
- To succeed in this space, innovators need deep analysis of patent claims, monitoring patent expiration, and ensuring freedom to operate.
- Strategic patent management, including licensing and positioning around existing patents, remains crucial.
Frequently Asked Questions (FAQs)
1. What is the primary therapeutic focus of patent CA2839961?
It covers the use of anti-IL-17 antibodies, notably Secukinumab, for treating autoimmune and inflammatory diseases such as psoriasis and psoriatic arthritis.
2. How broad are the claims in this patent?
The claims mainly encompass therapeutic methods involving anti-IL-17 antibodies, including specific treatment regimens, making them broad but specific to IL-17-related indications.
3. How does this patent impact biosimilar development in Canada?
The patent's broad method claims and protection until approximately 2030 create barriers for biosimilar competition, requiring design-around strategies or licensing negotiations.
4. Are there parallel patents outside Canada for the same innovations?
Yes, Eli Lilly holds similar patents in other jurisdictions, including the US and EU, which reinforce the global strategic IP position.
5. What should companies consider when entering the IL-17 therapeutic space?
They must evaluate this patent and related family members for potential infringement, innovate around the claims, and monitor patent expiration timelines.
References
- Canadian Patent Database: CA2839961, "Methods of treatment using anti-IL-17 antibodies," Eli Lilly and Company, 2016.
- Global patent records on IL-17 biologics, including US and European counterparts.
- Market analyses on IL-17 inhibitors, including Cosentyx (Secukinumab) market data.
- Patent landscape reports on biologics targeting IL-17 and cytokine pathways.
