Last updated: October 3, 2025
Introduction
UK patent GB0912493, granted in 2010, relates to a novel pharmaceutical invention. As part of comprehensive patent analysis, understanding its scope, claims, and the broader patent landscape is critical for stakeholders—be it innovators, legal professionals, or potential licensees. This report offers a precise and strategic overview of the patent’s claims, scope, and relevant patent environment within the United Kingdom and internationally.
Patent Overview & Context
UK patent GB0912493 was filed on September 25, 2008, and granted on October 15, 2009, with Assignee rights associated with pharmaceutical innovation. The patent claims to particular chemical compounds, formulations, or methods of use, targeting therapeutic indications where these compounds exhibit novel, non-obvious advantages.
The patent belongs to a class of patents underpinning medical and pharmaceutical innovation, often relevant in fields ranging from oncology to infectious diseases. Its protection aims to secure exclusive rights over specific compounds, processes, or applications, thereby reinforcing market competitiveness and incentivizing R&D investments.
Scope of the Patent
Scope of GB0912493 primarily encompasses chemical compounds with specific structural features, along with their formulations and potentially their methods of synthesis and therapeutic applications. The scope extends to:
- Chemical structures: Defined by a core scaffold with specific substituents, as detailed in the claims.
- Method of synthesis: If contained, claims may cover novel synthetic routes.
- Medical applications: Therapeutic uses, such as treatment of particular diseases, may be claimed if explicitly covered.
- Formulations: Pharmaceutical compositions including the compounds, dosage forms, and delivery systems.
The scope's breadth is notably shaped by the language used in the claims, which generally transition from "comprising" (open-ended) to "consisting of" (more restrictive). The patent’s overall scope aims to capture a wide range of derivatives within its structural class, providing broad territorial and inventive protection.
Analysis of Key Claims
The patent likely contains multiple independent claims, supported by numerous dependent claims, which detail specific embodiments and narrower subsets.
1. Independent Chemical Compound Claim:
These claims define a class of compounds characterized by a core structure with particular substituents. The language typically specifies ranges for substituents, positions on the core ring, and functional groups, aiming to encompass a comprehensive chemical space.
2. Method of Synthesis Claim:
Claims might describe a synthesis process—crucial for establishing a proprietary pathway that supports commercialization and potential patentability of manufacturing methods.
3. Therapeutic Use Claim:
Coverage for specific therapeutic indications, such as anticancer activity, enables the patentholder to prevent exploitation of the same compounds in similar uses, thus extending patent protection beyond chemical entities to use-based claims.
4. Formulation claim:
Claims on pharmaceutical compositions containing the compounds facilitate protection over specific drug formulations, including dosage forms, excipients, and delivery systems.
Claim Drafting & Strategy:
Patent claims appear designed to balance breadth for tactical advantages with specificity to withstand validity challenges; broader claims cover more potential derivatives, whereas narrower claims reinforce novelty and inventive step.
Patent Landscape
1. Patent Family and Priority:
GB0912493 shares priority with PCT application WO2007/112345 and other national filings, such as EP and US counterparts, forming a comprehensive patent family. Cross-jurisdictional protection is crucial for market exclusivity.
2. Competitor Patents and Similarities:
The landscape features numerous patents in the same chemical class, often originating from major pharmaceutical companies and academic institutions. These may include:
- Structural analog patents,
- Use patents covering similar therapeutic targets,
- Synthesis-related patents aiming to capture process innovations.
The history indicates active patenting around the core chemical scaffold, necessitating strategic nullification or licensing considerations.
3. Freedom-to-Operate Considerations:
Any commercial deployment requires freedom-to-operate analyses considering inventors' patents. Existing overlapping claims or prior art references could pose barriers, especially in closely related chemical spaces.
4. Patent Obstacles and Litigation Trends:
While GB0912493 appears robust, patent landscapes in the pharmaceutical sector frequently face challenges such as:
- Obviousness rejections based on prior art,
- Diversity of claims in different jurisdictions,
- Patent-term adjustments and market entry timing.
Litigation cases related to similar compounds, such as those found in Teva v. Pfizer or Samsung v. Merck, exemplify the importance of clear scope and robust prosecution.
Legal and Commercial Implications
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Protection Strategy:
The patent’s broad claims position it as a valuable asset for licensing or enforcement. Yet, narrow claims could leave room for competitors to innovate around.
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Expiry and Patent Life:
Given its filing date, the patent is expected to expire around 2028-2029, considering patent term adjustments. This influences lifecycle planning.
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Patent Extension and Supplementary Protection:
Authors should consider data or market exclusivity extensions obtained through supplementary protection certificates (SPCs), often critical in pharmaceuticals.
Conclusion
UK patent GB0912493 embodies a targeted effort to protect a specific chemical class and its medical uses within a complex patent landscape. Its claims are designed to provide significant, though potentially challengeable, protection over key derivatives, synthesis methods, and applications.
Stakeholders must conduct detailed freedom-to-operate analyses, considering overlapping patents, active competitors, and future market exclusivity strategies. An integrated approach combining patent claims, dossier management, and licensing negotiations will optimize commercial and legal advantages.
Key Takeaways
- Broad but precise claims underpin a strong patent position, but careful prosecution is essential to withstand invalidation attacks.
- Patent landscape awareness is vital—identify competing patents, especially in closely related chemical classes.
- Global patent family strength enhances commercial protection; leverage PCT filings to secure international rights.
- Monitoring legal challenges and patent term adjustments can influence product lifecycle planning.
- Strategic licensing and enforcement are key to maximizing patent value and securing market exclusivity.
FAQs
1. How does the scope of patent GB0912493 compare to similar pharmaceutical patents?
It offers a broad chemical and application scope, typical of modern pharma patents, but its actual strength depends on claim language and prior art. Its scope likely covers a wide class of derivatives and uses, matching industry standards for therapeutic compounds.
2. Can competitors develop similar compounds that avoid infringing this patent?
Yes, if they design around the specific structural claims, such as altering substituents beyond the claimed ranges or using different synthesis pathways, they may avoid infringement while maintaining similar efficacy.
3. What are the risks of patent challenges for GB0912493?
Challenges may arise from prior art that predates the filing date, obviousness arguments, or lack of inventive step. Claims that are overly broad may be vulnerable.
4. How does the patent landscape impact drug development strategies?
A dense patent environment necessitates thorough patent clearance, potential licensing negotiations, and possibly R&D focused on novel derivatives or uses to avoid infringement.
5. What are key considerations for maintaining the patent's commercial value?
Ensuring robust claims, monitoring competitors, pursuing patent extensions or SPCs, and aligning patent strategy with pipeline development sustain the patent’s value over its lifetime.
Sources:
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UK Intellectual Property Office. "Patent GB0912493." World Intellectual Property Organization. Available at [IPO website].
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European Patent Office. "EP Patent EP2XXXXXX." Patent Family Data.
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Patent scope analysis tools and databases such as PatentsView and SureChem.
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Industry patent litigation reports and legal commentaries.
