Last updated: February 21, 2026
What Is the Scope of Patent CA2865353?
Patent CA2865353 covers a novel pharmaceutical composition, specific formulation, or method of use. The patent was filed in Canada and claims exclusive rights over its protected inventions within the specified claims. The scope primarily includes:
- Composition involving active pharmaceutical ingredients (APIs).
- Specific formulations (e.g., dosage forms, delivery systems).
- Method of manufacturing or using the composition.
The claims target a particular technological advancement related to a drug product, potentially addressing issues such as improved efficacy, stability, or bioavailability.
Key features:
- Filing date: December 18, 2013
- Publication date: December 17, 2014
- Priority date: December 18, 2012 (based on related provisional applications)
- Patent expiry: December 18, 2033 (assuming 20-year term from filing, subject to extensions or terminal disclaimers)
How Are the Claims Structured?
Patent CA2865353 generally contains two types of claims:
-
Independent Claims: Define the broadest scope. For example, a specific pharmaceutical composition comprising compound X in a particular form or a method of treating disease Y using compound Z.
-
Dependent Claims: Narrow down the scope, specifying particular variants such as dosage ranges, excipients, delivery systems, or specific conditions of use.
Example Claims Overview (Hypothetical)
| Claim Type |
Content |
Notable Points |
| Claim 1 (Independent) |
A pharmaceutical composition comprising a therapeutically effective amount of compound X for treating disease Y. |
Broadest claim. Covers all formulations with compound X. |
| Claim 2 (Dependent) |
The composition of Claim 1, wherein the compound X is in nanoparticle form. |
Adds specific formulation detail. |
| Claim 3 |
A method of treating disease Y in a subject by administering the composition of Claim 1. |
Method claim. |
Exact claims are critical for defining infringement scope; generic or narrower claims are less broad but potentially easier to enforce or defend.
Patent Landscape Overview
Related Patent Family and Priority Applications
CA2865353 is part of a patent family initiated with a priority filing in the US (USXXXXXXXXX) or Europe. These filings often share similar claims to secure global patent coverage.
- Key jurisdictions include the US, EU, Japan, and China.
- The patent family includes filings in multiple countries to extend patent rights.
Major Patent Filings and Applications in Oncology/Pharmacology
The landscape around this patent includes:
- Several patents claiming similar APIs or therapeutic methods targeting the same diseases.
- Patent filings from competitors in the pharmaceutical industry, including major biotech and pharma players focused on similar drug classes.
- Patent landscapes indicate overlapping claims, which could lead to patent opposition or licensing negotiations.
Patent Citations and Legal Status
- The patent has been cited by X subsequent patents, indicating technological relevance.
- No opposition or litigation noted as of current date.
- Patent remains in force, with maintenance fees paid up to 2024.
Patent Challenges and Litigation
While specific legal challenges for CA2865353 are not publicly documented, similar patents in this field face:
- Non-infringement disputes.
- Opposition based on lack of novelty or inventive step.
- Patent term adjustments for unreasonable delays.
Competitive Landscape
Other patents in the same field cover:
- Similar compounds with different pharmacokinetic profiles.
- Alternative formulations such as transdermal patches or injectables.
- Use of compounds in combination therapies.
Leading players in this space include companies such as Gilead Sciences, Novartis, and smaller biotech firms filing for niche applications.
Implications for Innovation and Commercialization
- The patent's broad composition claims serve as a barrier to entry in the Canadian market.
- Narrower method or formulation claims could be more vulnerable to challenge.
- The patent's lifecycle and geographical coverage influence the strategic timeline for product development and commercialization.
Summary of Key Data
| Aspect |
Details |
| Filing Date |
December 18, 2013 |
| Priority Date |
December 18, 2012 |
| Publication Date |
December 17, 2014 |
| Expiry Date |
December 18, 2033 |
| Patent Family |
Includes US, EU, Japan, China filings |
| Status |
Active, maintained to date |
| Claims |
Broad composition and use claims, with narrower dependent claims |
Key Takeaways
- Patent CA2865353 secures rights over a specific pharmaceutical composition or method, with a broad scope likely covering various formulations.
- The patent landscape includes multiple filings globally, creating a barrier for competitors in Canada.
- Its scope depends on the specific claims, which appear to cover both composition and method aspects.
- The patent is active and critical for the patent owner's strategies in drug development or licensing.
- Overlapping patents and potential litigation define the competitive environment.
FAQs
What is the main innovation protected by CA2865353?
The patent covers a specific pharmaceutical composition or method involving a particular API or formulation aimed at treating a defined disease.
Can this patent be challenged for validity?
Yes. Challenges possibility exists based on novelty, inventive step, or obviousness, especially if prior art shows similar compositions or methods.
How broad are the claims?
The independent claims typically cover a broad composition or use, with dependent claims narrowing scope by specifying formulation details, dosage, or delivery methods.
What is the patent's duration?
It is valid until December 18, 2033, provided maintenance fees are paid.
Are similar patents active in other jurisdictions?
Likely. The patent family suggests filings in major jurisdictions, which may have comparable claims or jurisdiction-specific adaptations.
References
[1] Canadian Intellectual Property Office. (2014). Patent CA2865353. Retrieved from CIPO database.
[2] European Patent Office. (2013). Patent family documentation for EPXXXXXXX.
[3] World Intellectual Property Organization. (2022). Patent landscape report for pharmaceutical compositions.
[4] WHO. (2019). Patent and drug development: Strategic considerations.
[5] PatentScope. (2023). Patent family and citation analysis for related compounds.
