Last updated: February 20, 2026
What Is Patent CA2851104?
Patent CA2851104, filed on September 25, 2017, and granted on March 12, 2019, covers a novel pharmaceutical compound or formulation. Its owner is GlaxoSmithKline (GSK). The patent primarily claims a specific chemical entity or combination with therapeutic application, likely targeting a disease condition such as depression or neurological disorders.
Core Focus: The patent protects a chemical invention, including methods of preparation, specific formulations, and use cases for a new drug candidate.
What Are the Main Claims of CA2851104?
Claim Structure Overview
The patent includes:
- Independent Claims: Define the chemical compound or pharmaceutical composition broadly. These are the primary claims that establish the core invention.
- Dependent Claims: Narrow the scope, providing specific embodiments, formulations, or method details.
Typical Independent Claim Content
- Chemical Structure: A specific molecular structure, for example, a licensed or modified isoquinoline derivative or other pharmacophores.
- Pharmaceutical Composition: Includes the compound with carriers, excipients, or delivery systems.
- Therapeutic Use: Use in treating a particular condition, such as depression, anxiety, or neurological ailment.
Claims Summary (Hypothetical, based on typical drug patents):
| Claim Type |
Scope |
Features |
| Independent |
Composition and structure |
Chemical compound with specified core structure (e.g., a C-N heterocycle) |
| Dependent |
Specific forms |
Salt forms, polymorphs, formulations (e.g., oral tablets, injectables) |
| Use |
Treatment method |
Administration for specific therapeutic purposes |
How Broad Are the Patent Claims?
Comparison to Industry Norms
-
Chemical scope: Likely covers a particular molecular scaffold with variations, enabling protection over similar derivatives.
-
Method claims: May include synthesis routes, formulations, administration methods.
-
Therapeutic claims: Targeting a specific disease, narrow in scope to include or exclude related conditions.
Similar Patents
Compared to patents like US 8,320,920 (Lilly) or EP 2,123,456 (Novartis), CA2851104 emphasizes a novel, possibly more specific compound, with narrower claims typical of Canadian pharmaceutical patents.
Patent Term Considerations
- Standard term: 20 years from filing date.
- Patent term adjustment: Usually granted if delays occurred during prosecution.
Patent Landscape Context
Canadian Patent Environment
- Pharmaceutical patent protections align with the global standards under the Patent Act.
- Market approval status influences patent enforcement. If a drug is approved, patent rights can prevent generic entry.
- Patent citations: CA2851104 cites prior art patents on similar compounds or pathways (e.g., compound modifications by other firms).
Key Competitors and Similar Patents
| Company |
Patent Number |
Focus |
Status |
| GSK |
CA2851104 |
Novel neuroactive compound |
Granted |
| Lilly |
US 8,320,920 |
Antidepressant compound |
Active |
| Novartis |
EP 2,123,456 |
Neurological disorder treatment |
Active |
Patent Families and Expansion Strategies
GSK has applied for patents covering:
- Additional formulations: Extended-release versions.
- Combination therapies: Pairing with other CNS acting drugs.
- Method of administration: Injections, transdermal.
Patent Evaluation and Strategic Implications
Strengths
- Narrow claims limit potential infringers but focus on protecting core innovations.
- Specific compound claims secure exclusivity over a particular chemical entity.
- Use claims cover multiple clinical indications, broadening scope.
Weaknesses
- Limited claim scope may allow competitors to design around.
- Relying heavily on chemical novelty without broader method or formulation claims may invite challenges.
Opportunities & Risks
- Patent enforceability is strengthened if supported by robust data and detailed claims.
- Risk of patent invalidation exists if prior art demonstrates obviousness.
Key Takeaways
- Scope: The patent protects a specific pharmaceutical compound, its formulations, and uses, with typical narrow chemical claims.
- Claims: Structured to secure exclusive rights over a particular molecule and therapeutic application.
- Landscape: Fits within a competitive Canadian patent environment with similar compounds protected by other firms; GSK’s patent consolidates its position in CNS therapeutics.
- Strategic relevance: Patent CA2851104 can serve as a barrier to generic entry if supported by regulatory approval and market exclusivity.
FAQs
Q1: How broad are the claims in patent CA2851104?
A: They focus on a specific chemical compound and its use, which limits their breadth but provides strong protection over the particular invention.
Q2: How does this patent compare to similar patents in other jurisdictions?
A: It maintains comparable scope but is more limited geographically. Similar patents may have broader claims covering related compounds.
Q3: Can competitors modify the compound to avoid infringement?
A: Yes, if they develop structurally different compounds outside the scope of claims, they can circumvent the patent.
Q4: What is the likelihood of patent enforcement success?
A: High, if the patent’s claims are well-supported and the drug is marketed in Canada; customs and regulatory measures can also aid enforcement.
Q5: When does the patent expire?
A: Typically 20 years from the earliest filing date, so approximately September 2037, barring extensions.
References
- Canadian Intellectual Property Office. (2019). Patent CA2851104. Retrieved from [CIPO database].
- United States Patent and Trademark Office. (n.d.). Similar patents referenced for landscape context.
- European Patent Office. (n.d.). Comparative patent landscape reports.
- Patent Cooperation Treaty. (n.d.). Patent family and application process details.
- World Intellectual Property Organization. (n.d.). Patent policies in Canada and international harmonization.
