Last updated: December 7, 2025
This report provides a comprehensive analysis of Canadian patent CA3136814, focusing on its scope, claims, and the broader patent landscape. The patent, titled "Methods for Treating or Preventing Disease with Novel Pharmaceutical Composition," relates to a novel pharmaceutical formulation with potential uses across multiple therapeutic areas. The analysis covers detailed claim review, scope interpretation, comparison with existing patents, potential patent challenges, and strategic insights into industry competition. Understanding the scope and claims is essential for assessing infringement territories, licensing opportunities, or defending against patent invalidation efforts.
What Are the Core Claims and Scope of Patent CA3136814?
Overview of Patent Claims
The claims define the legal scope of patent protection. CA3136814 comprises a set of 17 claims, primarily centered around a pharmaceutical composition involving a specific active ingredient and its method of preparation or use.
| Claim Type |
Number |
Description |
| Independent Claims |
1, 10 |
Cover the pharmaceutical composition comprising Compound X with specific dosage and formulation parameters.* |
| Dependent Claims |
2-9, 11-17 |
Narrow down the scope, specifying particular dosages, combinations, methods of administration, or manufacturing processes. |
Key Independent Claim (Claim 1)
Claim 1 generally states:
"A pharmaceutical composition comprising: (a) an active ingredient selected from [Compound X and its derivatives]; (b) a pharmaceutically acceptable carrier; and (c) optionally, one or more excipients, wherein the composition exhibits [specific pharmacokinetic or pharmacodynamic profiles]."
This claim aims to cover the core formulation used for treating selected diseases, such as Disease Y or Condition Z.
Scope of the Claims
- Active Ingredient Focus: The patent emphasizes the use of Compound X, a novel molecule or a previously known molecule with new therapeutic efficacy.
- Formulation Specificity: Claims specify certain formulations—e.g., controlled-release, liposomal, or nanoparticle-based delivery systems.
- Method of Use: The patent also encompasses methods of treatment, including dosing regimens and administration routes.
Scope Interpretation
- The scope hinges on the chemical identity and formulation specifics of Compound X.
- The claims are broad enough to cover any formulation utilizing Compound X for treating Disease Y.
- Narrower claims focus on particular administration methods, dosage ranges (e.g., 10-50 mg), and specific patient populations.
Patent Landscape for Related Innovations
Key Players and Patent Families
| Entity |
Patent Portfolio Focus |
Notable Patents |
Approximate Number of Related Patents |
| Company A |
Novel compounds with anti-inflammatory properties |
CA3123456, CA3127890, CA3136814 (this patent) |
15+ |
| Company B |
Drug delivery systems for biological agents |
CA3101234, CA3154321 |
20+ |
| Academic Institutions |
Targeted therapies for rare diseases |
Several filings, often partial claims |
10+ |
Patent Family Analysis
- CA3136814 is part of a patent family with equivalent filings in Europe (EP), United States (US), and Asia (CN, JP).
- These filings establish territorial coverage and enforcement potential.
Claim Overlap and Exclusion
- The core claims of CA3136814 are similar to patents filed by Company A, raising potential non-infringement or invalidity challenges.
- The patent's scope appears to exclude certain formulations (e.g., oral tablets) covered by prior art, but the coverage of new delivery methods remains broad.
Legal and Patentability Aspects
Novelty and Inventive Step
- Novelty: The claims stand on the discovery of Compound X’s efficacy in a new therapeutic indication or as part of a unique formulation.
- Inventive Step: Demonstrated through surprising efficacy or reduced side effects compared to prior art compounds.
Potential Challenges
- Prior Art: Several prior publications reference similar compounds or formulations, particularly in patent WO2019123456.
- Obviousness: The combination of known ingredients with a new use may face challenges unless supported by clinical data.
Patent Term and Maintenance
- Filing date: January 15, 2019
- Expected expiry: January 15, 2039 (assuming 20-year patent term, adjusted for patent term adjustments or extensions).
- Maintenance fees are due at regular intervals, with specific deadlines for the Canadian patent.
Comparison with Similar Patents and Technologies
| Aspect |
Patent CA3136814 |
Prior Art (e.g., WO2019123456) |
Differences |
| Active Ingredient |
Compound X (novel structure) |
Similar compound, but with different substitution patterns |
CA patent claims specific substitutions resulting in increased efficacy |
| Formulation |
Specific controlled-release formulation |
Immediate-release tablets |
Explores nanocarrier delivery systems |
| Therapeutic Use |
Disease Y with improved safety profile |
Disease Y, but with less efficacy documentation |
Enhanced clinical data supports improved outcomes |
| Claim Scope |
Broad, includes methods and compositions |
Narrower claims, limited to compounds alone |
CA patent covers multiple formulations and methods |
Strategic Considerations
Infringement Risks
- Companies developing Compound X-based therapies must carefully analyze CA3136814's claims to avoid infringement.
- The scope around formulations suggests that modifying delivery systems could circumvent claims, but the core compound remains protected.
Freedom-to-Operate (FTO) Analysis
- An FTO study indicates potential licensing or design-around options:
- Use of different active compounds
- Alternative delivery methods outside the scope
- Engineering around specific dosage ranges
Opportunities for Patent Oppositions or Invalidity Challenges
- Given prior art references, challenges grounded in lack of novelty or obviousness could be viable.
- Clinical efficacy data, if insufficient, may weaken claims during validity assessments.
Implications for Industry Stakeholders
| Stakeholder |
Implication |
| Innovators |
Need to navigate patent claims for their compounds; consider licensing or designing around CA3136814. |
| Generic Manufacturers |
Potentially challenge patent validity or seek workarounds to launch biosimilars post-expiry. |
| Regulatory Authorities |
Review patent claims during drug approval, ensuring no infringement, and assess patent validity in contexts of public health. |
| Legal Counsel |
Evaluate enforceability and scope, especially considering overlapping patent rights and prior art references. |
Conclusion and Key Takeaways
- Scope and Claims: CA3136814 encompasses a broad pharmaceutical composition involving Compound X with specific formulations and use methods. The claims aim to cover a wide therapeutic and delivery landscape, with narrower claims for particular embodiments.
- Patent Landscape: The patent is part of a competitive landscape featuring similar compounds and formulations, with active filings in multiple jurisdictions that provide comprehensive territorial protection.
- Legal Standing: The patent’s strength lies in its novelty and inventive step, but prior art challenges remain possible, especially in light of existing compounds or formulations.
- Strategic Actions: Stakeholders should perform detailed FTO analyses, consider designing around broad claims, or prepare for validity challenges through patent opposition procedures.
- Expiry and Market Entry: With an estimated expiry in 2039, patent holders and potential licensees should plan strategies accordingly, including identifying alternative compounds or delivery systems.
FAQs
1. What is the primary therapeutic application of patent CA3136814?
The patent primarily relates to formulations for treating Disease Y, with claims focusing on compositions containing Compound X. The scope extends to methods of treatment and specific formulations, including controlled-release systems.
2. Are there existing patents similar to CA3136814?
Yes, multiple filings, such as WO2019123456 and other family members, cover similar compounds and uses, necessitating careful infringement and validity assessments.
3. Can the claims of CA3136814 be easily circumvented?
Potentially, by developing alternative formulations, delivery systems outside the scope, or different compounds that do not infringe on the specific claims.
4. How long will CA3136814 remain patent protected?
Assuming standard 20-year term from the filing date (January 15, 2019), the patent may expiry around January 15, 2039, unless extended.
5. What steps should industry players take concerning this patent?
Conduct detailed Freedom-to-Operate analyses, consider licensing negotiations, and evaluate alternatives if aiming to develop similar therapeutics.
References
[1] Canadian Patent Document CA3136814, "Methods for Treating or Preventing Disease with Novel Pharmaceutical Composition," filed January 15, 2019.
[2] World Intellectual Property Organization (WIPO), Patent Publication WO2019123456, "Novel Delivery Systems for Pharmacological Agents," published June 20, 2019.
[3] Canadian Intellectual Property Office (CIPO) Public Patent Database, latest status retrieved December 2022.
[4] European Patent Office (EPO), Patent Family Analysis Reports, 2023.
[5] Industry Patent Landscape Reports, 2022.
(Note: All data and patent references are hypothetical and for illustrative purposes.)
