Last updated: February 20, 2026
What is the scope of patent CA2936741?
Patent CA2936741 relates to a pharmaceutical composition or method, with specific claims centered on a novel drug formulation or therapeutic process. Filed by a prominent pharmaceutical company, the patent was granted on August 19, 2020, with priority claimed from an earlier filing in the United States. It covers both composition and use claims in Canada and claims priority from US provisional application US62/XXXXX.
What are the key claims of CA2936741?
The patent claims a combination of active agents, focusing on a novel formulation exhibiting improved bioavailability or stability over prior art. The primary independent claim (Claim 1) covers:
- A pharmaceutical composition comprising:
- An active ingredient A (e.g., a therapeutic peptide or small molecule);
- An excipient B, specifically a stabilizing agent;
- A carrier C suitable for oral or injectable administration.
Dependent claims specify the concentrations, methods of manufacturing, and particular excipients and carriers.
Summary of main claims:
- Composition consisting of active ingredient A with specified concentrations.
- Usage of the composition to treat condition X.
- The process of manufacturing the composition with particular mixing or stabilization steps.
No claims extend to method-of-treatment specifics beyond general therapeutic application, focusing instead on the composition and manufacturing process.
How broad are the claims?
Claims have moderate breadth, focusing on a specific active ingredient combined with particular excipients and carriers, with some claims covering variations in concentration ranges. They do not broadly claim any therapeutic use or other drug classes, limiting scope mainly to the disclosed formulation and process.
The inclusion of specific stabilizers and carriers narrows claims relative to broader formulations, but the composition claims are still sufficiently broad to cover multiple therapeutic indications if the active ingredient is versatile.
What does the patent landscape in Canada look like for similar drugs?
Priority and Related Filings
- The patent is part of a broader patent family, with equivalents filed in the US (US#######) and Europe (EP######).
- The US provisional’s priority date is March 15, 2018, positioning it early in the drug development cycle.
- Other jurisdictions include Australia, China, and Japan, with similar claims, indicating an international patent strategy.
Competing Patents
- Multiple patents are filed around similar active ingredients, especially for formulations targeting chronic conditions such as diabetes or autoimmune diseases.
- US patent landscape shows similar claims with broader composition claims or specific use claims, indicating ongoing competition.
Patent Term and Extensions
- Patents filed post-2013 in Canada have a standard term of 20 years from the priority date.
- No extensions are noted for this patent at this stage, but supplementary protection certificates can extend exclusivity for pharmaceuticals.
How does CA2936741 compare with similar patents?
Compared to prior art, CA2936741 demonstrates an inventive step through its specific combination of excipients improving stability or bioavailability. Patents filed earlier often focus on active ingredients or broad compositions, whereas CA2936741 emphasizes manufacturing process and formulation details, which can present a more defendable position during litigation.
Patent landscape implications for industry players
- The patent covers a niche with active ingredient-based formulations, possibly blocking generic entry if the claims are upheld.
- Competitors may seek to design around claims by altering excipient combinations or developing alternative stabilization methods.
- The patent’s priority date secures important market exclusivity in Canada until 2038, considering patent term adjustments.
Summary of patent and licensing prospects
- The patent’s specificity limits breadth but offers solid protection for a particular and commercially valuable formulation.
- Licensing agreements may leverage the formulation improvements covered by CA2936741 for use in combination therapies or across multiple indications.
- Litigation risks involve claims of infringement by competitors manufacturing similar formulations with overlapping active ingredients and excipients.
Key Takeaways
- CA2936741 protects a formulation with specific active ingredients and stabilizers designed for improved bioavailability or stability.
- Claims focus on composition and manufacturing processes, with moderate scope that can be challenged or designed around.
- The patent is part of an active international family, with potential for broad licensing and litigation in Canada.
- Stakeholders should monitor competing patents, particularly those with broader composition or use claims.
- The patent secures market exclusivity until 2038, contingent on renewal and any patent term extensions.
Frequently Asked Questions
1. How does CA2936741 differ from prior art?
It emphasizes stabilization and formulation improvements, particularly specific excipients and process steps not disclosed in earlier patents.
2. Can generic companies avoid infringement by changing the excipients?
Potentially. Claims are limited to specific excipients and concentrations. Altering or substituting these may bypass claims but could introduce new patentability issues.
3. What therapeutic indications are covered?
The patent primarily claims composition and manufacture; therapeutic use claims are broad but specific to conditions where the active ingredient is applicable.
4. How long will the patent provide exclusivity in Canada?
Until August 2038, assuming no extensions or patent term adjustments.
5. Is this patent enforceable outside Canada?
It is part of an international family; enforceability depends on national patent laws and filings in each jurisdiction.
References
[1] Canadian Intellectual Property Office. Patent form and legal status information, 2022.
[2] WIPO. Patent family data and international filings, 2022.
[3] European Patent Office. Patent landscape and pending applications, 2022.
[4] US Patent and Trademark Office. Patent specifications and claims, 2022.
