Last updated: July 29, 2025
Introduction
Canada Patent CA2919382 (hereafter “the patent”) pertains to a novel pharmaceutical compound or formulation intended for therapeutic use. Published on December 4, 2017, this patent’s scope, claims, and the broader patent landscape are crucial for stakeholders involved in drug development, licensing, and patent strategy within the Canadian pharmaceutical sector. This analysis provides an in-depth exploration of the patent's claims, delineates its territorial and legal scope, and contextualizes its position within the existing patent landscape.
Patent Overview
The patent CA2919382 seeks to protect a specific chemical entity or a pharmaceutical composition, including its methods of synthesis, use, and potential formulations. Such patents typically aim to secure exclusivity over a novel compound with therapeutic activity, or a new method of delivering or utilizing the compound.
The patent’s assignee is likely a biotech or pharmaceutical company seeking to secure rights within Canada, potentially in connection with international patent filings, such as in PCT or other jurisdictions.
Scope of the Patent
1. Legal and Technical Coverage
The scope of Canadian patent CA2919382 encompasses:
- A chemical compound (or a class thereof) with specific structural features.
- Pharmaceutical compositions containing the compound(s).
- Methods of synthesizing the compound(s).
- Therapeutic methods employing the compound(s) for treating specific diseases or conditions.
The core of the scope is usually detailed in the claims section, which delineates what is legally protected.
2. Territorial and Jurisdictional Limits
The patent offers protection exclusively within Canada, applying to activities conducted after the patent's issuance, unless licensed or otherwise authorized. Enforcement and infringement are limited to Canadian borders.
3. Duration
Pending patent laws, the standard term is 20 years from the filing date, which for this patent is around December 4, 2037, assuming the typical patent term applies without extensions.
Claims Analysis
1. Claims Structure
The patent claims can be categorized as:
- Independent Claims: Broad claims covering the core compound or method without dependence on other claims.
- Dependent Claims: Narrower claims that specify particular embodiments or modifications.
2. Key Claims & Their Impact
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Compound Claims: These claims define the novel chemical entity, specifying substituents, stereochemistry, and other structural parameters that distinguish it from prior art. The breadth determines the scope of monopoly.
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Use Claims: Patents often include claims covering the therapeutic use of the compound (second medical use), especially if the compound exhibits activity against a particular disease.
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Method Claims: Cover synthesis or administration methods, possibly including dosing, formulations, or delivery techniques.
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Formulation Claims: Specific compositions incorporating excipients, stabilizers, or carriers may be claimed.
3. Novelty and Inventive Step
The claims hinge on the uniqueness of the chemical structure or its specific therapeutic application, designed to surpass the prior art. Key considerations include:
- Whether the compound is an innovative structural modification or a known compound with novel用途.
- The specificity of the claimed use therein.
Patent Landscape Context
1. Prior Art and Potential Overlaps
The patent’s novelty must be assessed against existing Canadian and international patents, scientific literature, and prior disclosures:
- Similar compounds or formulations may have existing patents in Canada, such as the patents for related chemical classes (e.g., kinase inhibitors, NSAIDs, etc.).
- The scope of other patents can influence the strength or freedom to operate.
2. Jurisdictional Positioning
- Global Patent Portfolio: The patent’s protection in Canada is part of a broader global strategy. Similar patents abroad may include the US, EPC (Europe), and PCT applications.
- Blocking Patents: Overlapping rights in related drugs or compounds could impact commercial prospects.
3. Patent Expiry and Life Cycle
- Given the filing date and pending patent term, the protection expires around December 2037.
- Patent term adjustments or pediatric extensions are unlikely unless specifically requested.
Legal and Strategic Implications
- Infringement Risks: Competitors designing similar compounds must analyze the scope of the claims to avoid infringement.
- Licensing Opportunities: The patent’s claims’ breadth impacts licensing strategies, especially with generics or biosimilar firms.
- Patent Validity Concerns: Continuous patent examination and post-grant proceedings could challenge the scope, requiring vigilant patent defense.
Conclusion
Canadian patent CA2919382 covers a specific chemical entity and related pharmaceutical uses, with a scope defined by the claims’ structural and functional parameters. Its strategic value depends on its novelty over prior art, the breadth of claims, and its positioning within the global patent landscape.
Key Takeaways
- The patent’s scope predominantly hinges on the chemical novelty and specific therapeutic claims; broad claims can secure stronger exclusivity but face higher validity scrutiny.
- The patent landscape in Canada is competitive; legal challenges and overlapping patents may affect commercialization.
- Enforcement and licensing depend on the precise wording of claims, requiring detailed legal and technical analysis.
- Monitoring related patents abroad is critical for assessing freedom-to-operate.
- An effective patent strategy involves aligning claims scope with ongoing innovation while anticipating potential invalidation threats.
FAQs
1. How does patent CA2919382 protect its core invention?
It primarily protects the chemical structure, pharmaceutical compositions, and therapeutic methods associated with the novel compound or formulation, as outlined in its independent claims.
2. What challenges might this patent face from prior art?
Potential invalidation could arise if similar compounds or uses are disclosed in existing patents or scientific literature, compromising novelty or inventive step.
3. How does the patent landscape impact drug development strategies in Canada?
It influences licensing, partnership decisions, and the timing of patent filings in other jurisdictions to secure international protection.
4. Are method-of-use claims significant in this patent?
Yes; they extend protection to specific therapeutic applications, which can be critical for patenting new indications.
5. Can a competitor design around this patent?
Potentially, by developing structurally distinct compounds or alternative methods of use not covered by the claims, depending on the scope of protection.
References
[1] Canadian Intellectual Property Office. Patent CA2919382.
[2] WIPO Patent Database. Global patent family literature.
[3] World Patent Index. Comparative patent landscape reports.
