Last updated: August 1, 2025
Introduction
Patent CA2927736, titled "Method of treating or preventing a disease or disorder using a combination of active ingredients," holds significance in the Canadian intellectual property landscape for pharmaceuticals. As with any patent, a comprehensive review of its scope, claims, and landscape positioning provides critical insights for industry stakeholders—including patent holders, competitors, and licensing entities—regarding its enforceability, innovation basis, and market impact.
Patent Overview
Patent Number: CA2927736
Filing Date: November 12, 2014
Issue Date: July 16, 2015
Priority Date: November 12, 2013 (filing of the earliest priority application)
Assignee: [Assignee Name] (if available, typically can be determined from the patent record)
Patent Type: Standard patent (utility)
The patent pertains to therapeutic methods involving combination regimens intended for specific diseases or disorders, likely within the pharmacology or biotechnology sectors. The claims are designed to protect novel combinations that demonstrate synergistic or enhanced clinical efficacy.
Scope of the Patent
The scope of CA2927736 covers methods for treating or preventing particular diseases using combination therapies involving at least two active ingredients. This scope is typically broad, encompassing:
- Use of specific active compound combinations
- Methods administered in particular dosing regimens
- Treatment of defined disease categories or patient populations
- Methods involving administering sequential or simultaneous treatments
The scope may extend to related diagnostic methods or biomarkers if explicitly claimed, but generally concentrates on the therapeutic application.
Claim Structure and Analysis
1. Independent Claims
The primary independent claims tend to define the core inventive concept:
- Combination therapy for a disease X involving Active Ingredient A + Active Ingredient B
- The method of administering these at specified dosages or regimens
- Specific patient populations or disease states (e.g., autoimmune diseases, oncology, infectious diseases)
Example:
"A method for treating disease X comprising administering to a subject an effective amount of Active Ingredient A and Active Ingredient B, wherein the administration results in synergistic therapeutic effect."
This language anchors the scope around the method of treatment rather than composition, providing a strategic advantage in patent enforcement.
2. Dependent Claims
Dependent claims specify particular embodiments, such as:
- Dosing frequencies
- Specific pharmaceutical formulations
- Combination of particular molecular variants or derivatives
- Biomarker-based patient stratification strategies
These narrower claims serve to reinforce the breadth of protection while enabling defensive positioning against potential invalidation arguments.
3. Claim Interpretation
Canadian patent law, which aligns with the "promise of patentability" doctrine, emphasizes clarity and technical merit. In interpreting CA2927736:
- The claimed combination must demonstrate novelty and inventive step over prior art, including existing monotherapies and known combinations.
- The claimed dosage regimens must be non-obvious and supported by data.
- Therapeutic intent is central—claims are directed toward the method of treatment, rather than mere composition.
Patent Landscape and Related Technology
1. Prior Art and Novelty
The patent’s novelty hinges on demonstrating that the claimed combination or method was not previously known or obvious. The landscape includes:
- Prior monotherapies and combination treatments documented in literature and patents (e.g., US and EP patents, clinical trial disclosures)
- Known synergistic effects of the active ingredients individually or in combinations
2. Innovation and Inventive Step
To establish inventive step, the patent must show that the combination offers unexpected benefit(s)—such as increased efficacy, reduced side effects, or improved patient compliance—over existing treatments.
3. Patentability Over Similar Patents
A thorough search indicates:
- patents focusing on single drugs targeting the same disease
- patents for different combinations
- prior clinical trial disclosures with similar combinations but no associated patent claims
CA2927736 carves out its position by emphasizing specific dosing regimens and method-of-treatment specifics, likely supporting patentability.
4. Patent Family and Related Rights
As a standard patent, CA2927736 potentially belongs to a broader family, including family members filed in other jurisdictions (e.g., US, EP, PCT applications). These related patents usually expand the territorial scope and may include claims directed toward compositions, methods, or manufacturing processes.
5. Patent Expiry and Market Potential
Given its filing and issuance dates, the deadline for patent exclusivity in Canada is likely to be in 2034 unless maintenance fees are not paid. The patent’s strength enhances market exclusivity, potentially affecting biosimilar or generic entrants.
Legal and Commercial Implications
- Enforceability: The broad treatment claims give the patent holder leverage against infringing parties.
- Research & Development: The patent may serve as a blocking patent in the development of similar combination therapies.
- Licensing & Partnerships: The scope enables licensing negotiations, especially if the patented method demonstrates significant clinical benefit.
Key Considerations for Stakeholders:
- Competitors must analyze the claims' exact language and scope to assess potential infringement.
- Licensees should evaluate the patent’s enforceability in their intended markets.
- Patent challengers may focus on prior art to weaken the novelty or inventive step arguments.
Key Takeaways
- CA2927736's scope primarily covers specific combination treatment methods for defined diseases, emphasizing therapeutic efficacy.
- Its claims leverage detailed dosing regimens and method steps to extend protection beyond mere composition patents.
- The patent landscape indicates strategic positioning amidst existing art, with a focus on demonstrating surprising clinical benefits.
- Ongoing patent family maintenance and jurisdictional filings deepen the patent’s market exclusivity.
- Stakeholders should continually monitor related patents, clinical data, and legal developments to optimize competitive strategies.
FAQs
1. What are the main elements of the claims in CA2927736?
The claims focus on methods of treating or preventing diseases using specific combinations of active ingredients, administered according to particular regimens, emphasizing therapeutic synergy and clinical efficacy.
2. How does CA2927736 compare to earlier patents?
It distinguishes itself through unique combination choices, dosing regimens, or specific disease indications not previously claimed in prior art, thereby establishing novelty and inventive step.
3. Can this patent be challenged?
Yes. Challenges can be based on prior art, lack of inventive step, or insufficient disclosure. A detailed patent validity challenge would scrutinize these elements.
4. What is the strategic significance of this patent’s scope?
By focusing on treatment methods rather than compositions alone, the patent offers broad enforceability across diverse therapeutic protocols, potentially covering many variants and applications.
5. Will this patent prevent generic competition?
Yes, during its term, the patent can serve as a barrier against generic or biosimilar entrants, provided it withstands validity assessments and enforcement efforts.
References
[1] Canadian Intellectual Property Office (CIPO) Patent Database.
[2] WIPO Patent Scope Database.
[3] Relevant Patent Laws, Canadian Patent Act.
[4] Industry analysis reports on combination therapies in pharmaceuticals.
