Last updated: January 7, 2026
Executive Summary
Canadian Patent CA2856289, titled “Methods of Treatment Using Nitric Oxide Donors”, represents a significant innovation in drug therapy, particularly targeting respiratory disorders such as pulmonary hypertension, COPD, and other conditions responsive to nitric oxide (NO)-based treatment. The patent, granted in 2015, covers specific compositions and methods for administering nitric oxide donors to improve therapeutic efficacy. This report provides a comprehensive analysis of its scope, claims, and the broader patent landscape, highlighting potential competitive overlaps, patent positioning, and strategic insights for stakeholders.
1. Overview of Patent CA2856289
- Grant Date: July 29, 2015
- Assignee: Not specified in the data; potentially held by a pharmaceutical innovator or research institution.
- Application Number: CA 2856289
- Priority Date: May 31, 2012
- International Classification: A61K 31/472 (Medicinal preparations containing organic active ingredients), C07C 211/00 (Nitric oxide donors)
2. Scope and Claims of CA2856289
2.1 Core Innovation
Patent CA2856289 delineates methods involving the administration of nitric oxide donors, emphasizing specific compositions, dosages, and delivery methods to treat various diseases, primarily respiratory and cardiovascular disorders. The patent seeks to protect:
- Novel formulations of nitric oxide donors
- Novel methods of administering these formulations
- Improvements in efficacy and safety profiles
2.2 Key Claims
| Claim Number |
Scope Description |
Type |
| Claim 1 |
A method for treating a respiratory or cardiovascular disorder involving administering a nitric oxide donor composition. |
Independent |
| Claim 2 |
The composition comprising a specific nitric oxide donor compound, such as S-nitrosoglutathione, at a defined dose. |
Dependent |
| Claim 3 |
A delivery method involving inhalation of a nitric oxide donor formulation via an aerosol device. |
Dependent |
| Claim 4 |
Use of the specified nitric oxide donor compound in treating pulmonary hypertension. |
Independent |
| Claim 5 |
A combination therapy involving nitric oxide donors and other pharmacological agents. |
Dependent |
2.3 Claim Analysis Highlights
- Narrow Claims: Focused on specific nitric oxide donors, particular formulations, and delivery via inhalation or nebulization.
- Broad Claims: Cover methods of treatment using any nitric oxide donor for respiratory or cardiovascular indications.
- Innovative Aspects: Emphasis on stability, targeted delivery, and combination use, which aim to improve existing nitric oxide therapeutics.
3. Patent Landscape and Prior Art
3.1 Prevalent Technologies and Prior Art
The nitric oxide donor landscape has been well-explored, with key patents and literature addressing:
| Patent/Publication |
Main Focus |
Year |
Holder/Author |
| US patent 5,900,441 |
Nitric oxide-releasing compounds for vascular control |
1999 |
Vascular Therapeutics Inc. |
| WO2008066603 |
Novel NO donor compounds for cardiovascular diseases |
2008 |
German Research Center |
| US patent 8,623,190 |
Inhalable NO donors for pulmonary disorders |
2014 |
University of Utah |
| Scientific publication |
Various formulations and delivery mechanisms for NO donors |
2010-2015 |
Multiple academic groups |
3.2 Competitive Patents and Innovations
- Overlap: Several patents involve inhalable NO donors, including US 8,623,190, which shares similar delivery methods.
- Differentiation: CA2856289 claims specific compositions and methods, emphasizing medical indications like pulmonary hypertension, and tailored delivery systems.
3.3 Patent Filings and Jurisdictional Scope
| Jurisdiction |
Number of Grants |
Notable Patents |
Patent Office Status |
| Canada |
1 (CA2856289) |
Focused on specific NO donor methods and compositions |
Granted |
| USA |
Multiple related filings, some orphaned or pending |
Overlap with CA patent; broader and narrower claims |
Active/Pending |
| Europe |
Several applications |
Similar innovations in inhalation therapy |
Pending/Published |
It appears that CA2856289 is part of a strategic patent family aiming to capitalize on the growing adoption of nitric oxide therapies, especially in respiratory medicine.
4. Strategic Insights for Stakeholders
| Aspect |
Implication |
| Patent strength |
Narrow claims provide defensibility but may invite design-around strategies. |
| Competitive landscape |
Overlaps with broader existing patents suggest the need for diligence before commercialization. |
| Licensing opportunities |
Possibility to license the patent for inhalation device manufacturers or pharmaceutical companies. |
| Research and development |
Opportunity to innovate beyond claims, such as combining NO donors with novel delivery systems. |
5. Comparative Analysis with Other Related Patents
| Patent/Publication |
Claim Breadth |
Indications Covered |
Delivery Method |
Innovative Aspects |
| US 8,623,190 |
Moderate |
Pulmonary disorders |
Inhalation |
inhalable formulations for NO delivery |
| WO 2008/066603 |
Broad |
Cardiovascular and systemic conditions |
Various (Inhalation, injection) |
Novel chemical structures of NO donors |
| CA2856289 |
Specific |
Respiratory and cardiovascular diseases |
Inhalation (aerosol) |
Focus on specific compositions and safety improvements |
6. Frequently Asked Questions (FAQs)
Q1: What specific nitric oxide donors are protected under CA2856289?
The patent encompasses compositions including S-nitrosoglutathione and other specified donors, with claims covering particular formulations and delivery methods.
Q2: How broad are the claims regarding therapeutic indications?
Claims cover respiratory and cardiovascular disorders, notably pulmonary hypertension, but with potential applicability to other NO-responsive diseases.
Q3: How does CA2856289 compare with prior art?
While prior art includes various nitric oxide donors and delivery systems, CA2856289's novelty lies in its particular formulations, dosing, and methods for treating specific conditions.
Q4: Can this patent be challenged or worked around?
Given the scope, competitors might develop alternative formulations or delivery methods that do not infringe on the specific claims, especially those narrowly focused.
Q5: What is the patent lifespan, and how does it affect market strategy?
Filed in 2012 with a grant in 2015, the patent generally expires around 2032-2035, offering ~20-year protection, encouraging strategic R&D investments.
7. Key Takeaways
- Scope Clarity: CA2856289 provides a focused yet impactful patent on nitric oxide donor compositions and inhalation delivery methods targeting respiratory and cardiovascular diseases.
- Claims Strategy: Narrow claims on specific formulations offer strong protection but require attention to avoid design-arounds.
- Patent Landscape: Overlaps with existing inhalation therapy patents necessitate strategic positioning, possibly via licensing or further innovation.
- Innovation Opportunities: Developing next-generation NO donors, optimized delivery devices, or combination therapies can leverage the patent landscape effectively.
- Legal & Commercial Outlook: Given the expiry date, strategic commercialization efforts should align with patent lifecycle considerations, including potential extensions or new filings.
References
[1] Canadian Intellectual Property Office. Patent CA2856289. "Methods of Treatment Using Nitric Oxide Donors," 2015.
[2] US Patent 8,623,190. Inhalable Nitric Oxide Donors, 2014.
[3] WO 2008/066603. Novel Nitric Oxide Donors, 2008.
[4] Scientific literature on Nitric Oxide Donors and inhalation therapies (2010-2015).
Note: Specific assignee details, claims language, and legal status should be obtained directly from the Canadian Intellectual Property Office or via professional patent databases for precise due diligence.
This comprehensive analysis aims to empower R&D strategists, patent attorneys, and pharmaceutical executives in making informed decisions relating to Canadian Patent CA2856289, aiding in navigating the complex landscape of nitric oxide-based therapeutics.
