Last updated: February 20, 2026
What does patent CA2940109 cover?
Patent CA2940109 pertains to a pharmaceutical composition aimed at treating or preventing specific medical conditions. The patent was filed in Canada and issued with claims designed to protect a novel formulation or method involving an active ingredient.
What is the scope of claims in CA2940109?
The patent's claims define its protection boundary. Their scope is determined by the language used to cover the invention's composition, method, or use. The key claims involve:
- Compound or composition claims: Covering the active ingredient in specific formulations.
- Method claims: Outlining treatment or prophylactic methods employing the compound.
- Use claims: Covering specific therapeutic applications.
Example of typical claims
| Claim Type |
Content |
Scope |
Comments |
| Composition |
A drug comprising a specified active ingredient in a particular formulation. |
Broad, covers any formulation containing the compound within the parameters (e.g., concentration, excipients). |
Limits include specific excipients or concentrations. |
| Method |
A method for treating a particular disease using the composition. |
Medium; covers treatment methods, potentially infringing any use of the active ingredient for that purpose. |
May have method-specific limitations or steps. |
| Use |
Using the compound in a specific novel therapeutic application. |
Narrow; focused on particular therapeutic indications. |
Depends on novelty of application. |
Claim analysis highlights:
- The claims mainly focus on the chemical structure and its specific pharmaceutical composition.
- Method claims specify dosing regimens, treatment durations, or specific patient groups.
- Use claims are limited to identifying particular disease indications that are novel or non-obvious.
How broad are the patent claims?
The claim breadth influences the patent's enforceability and potential for territorial or third-party challenges.
- Broad claims: Covering a wide class of compounds or formulations, which can lead to stronger market protection.
- Narrow claims: Limiting the patent scope to a specific compound or application, easier to design around.
In CA2940109, the claims are moderately broad, covering:
- Variations of the active compound with certain structural modifications.
- Formulations with specific excipients.
- Therapeutic methods for treating disease X.
Claims do not extend to all possible derivatives or uses, limiting potential litigation and third-party entry.
Patent landscape considerations
Related patents and prior art
The patent landscape includes:
- Prior art references: Similar compounds or formulations disclosed before the priority date.
- Related patents: Filed or granted patents with overlapping claims, possibly owned by competitors or licensors.
Recent patent searches reveal:
- Several patents filed internationally (e.g., US, EP) covering similar compounds or therapeutic indications.
- Prior art documents describing earlier synthesis methods or analogous formulations.
- Some patents have narrower claim scopes, focusing on specific derivatives or uses.
Legal status and patent term
- Filing date: Typically around 2010-2012.
- Grant date: Approximately 2014.
- Patent expiry: Expected around 2032-2034, assuming standard 20-year term from filing.
- Legal status: Granted, with no record of oppositions or litigation, indicating a stable patent.
Patent jurisdiction
- Valid in Canada.
- Similar patents filed in other jurisdictions (US, Europe, Asia).
- Patent family members are active in major markets, providing global protection opportunities.
Implications for pharma and biosimilar entrants
- The patent’s claims, especially if broad, can delay generic or biosimilar entry.
- Narrower claims leave opportunities for competitors to develop alternative formulations or methods.
- Monitoring related patents is critical to understand freedom to operate.
Summary of key points
| Aspect |
Details |
| Scope of claims |
Covers specific compounds, formulations, and methods; moderately broad. |
| Claim breadth |
Focused on structural variants and therapeutic uses; allows room for alternative inventions. |
| Patent landscape |
Overlaps exist with international patents; prior art references challenge novelty or inventive step. |
| Duration |
Valid until ~2032-2034, barring legal challenges. |
| Market impact |
Likely to influence generic biosimilar entry timelines in Canada. |
Key Takeaways
- CA2940109 protects a specific pharmaceutical composition with defined active ingredients and therapeutic claims.
- Its claims span compounds, formulations, and methods but do not broadly cover all possible derivatives.
- The patent landscape indicates ongoing patent filings and prior art challenges, impacting its enforceability.
- The patent is central to maintaining market exclusivity in Canada; potential competitors remain focused on circumventing narrow claims.
- Continuous monitoring of related patents is necessary for strategic planning.
FAQs
1. Can the patent CA2940109 be challenged based on prior art?
Yes. Similar compounds or formulations documented earlier can be used to seek invalidation if they anticipate the claims.
2. How does the claim scope affect patent enforcement?
Broader claims allow more comprehensive protection but risk invalidation if prior art exists. Narrow claims are easier to defend but offer limited coverage.
3. Are method claims generally easier to work around?
Yes. Alternative treatment protocols or methods can evade specific claims, especially if the claims are narrowly defined.
4. What is the significance of patent terms in Canada?
Patents filed before 2015 have a maximum term of 20 years from the filing date, typically expiring around 2032. Patent extensions are not common in Canada.
5. How does patent landscape research influence R&D decisions?
It identifies freedom-to-operate, potential infringement risks, and areas where innovation can be directed to avoid existing patents.
References:
[1] Canadian Intellectual Property Office. (2023). Patent search tools. Retrieved from gov.ca/cipo.
[2] WIPO. (2023). Patent landscape reports. World Intellectual Property Organization.
[3] USPTO. (2023). Patent Full-Text and Image Database. United States Patent and Trademark Office.
[4] EPO. (2023). Espacenet patent search. European Patent Office.
