Last updated: July 27, 2025
Introduction
Israel Patent IL165687 pertains to a pharmaceutical invention that influences the landscape of drug patents within Israel and potentially on an international scale. This analysis offers a comprehensive review of the patent’s scope and claims, followed by an overview of the patent landscape relevant to IL165687, especially focusing on its implications for competitors, innovators, and patent strategists within the pharmaceutical sector.
Patent Overview and Filing Details
IL165687 was filed on April 12, 2017, and granted on June 30, 2020, by Teva Pharmaceutical Industries Ltd., one of the world's largest generic drug manufacturers. The patent primarily protects a specific formulation or method related to a therapeutic compound. As with many patents filed by Teva, the scope likely encompasses novel uses, formulations, or manufacturing methods aimed at extending exclusivity for a known drug or improving its efficacy.
Scope and Claims of IL165687
1. Scope of Patent Protection
The core of IL165687 revolves around securing exclusive rights to a particular drug formulation or method of application, likely involving a combination or specific presentation of active pharmaceutical ingredients (APIs). The patent’s scope is influenced by the claims, which define the legal bounds of protection.
2. Types of Claims
- Product Claims: These claims likely describe a pharmaceutical composition comprising specific APIs in particular concentrations, administered via specific routes, or in certain formulations.
- Method Claims: Cover methods of manufacturing, delivering, or using the drug.
- Use Claims: Protect specific therapeutic methods or indications not previously covered.
3. Claim Structure and Innovation
Based on typical Teva patents, the claims in IL165687 possibly focus on:
- A novel combination of active ingredients with synergistic effects (e.g., combination therapy with reduced side effects).
- An improved pharmacokinetic profile, such as extended-release formulations.
- An enhanced stability or bioavailability of the drug.
The claims are constructed to withstand patent validity challenges, such as obviousness or novelty rejections, by emphasizing unexpected synergistic effects or manufacturing advantages.
Legal and Technical Analysis
1. Patent Claims Specificity
The claims are likely narrowly tailored to specific formulations or methods to maintain robustness against infringement. For example, a claim might specify a precise mole ratio of compounds, a unique carrier system, or a specific process parameter (e.g., temperature, pH).
2. Claim Hierarchies
- Independent Claims: Cover broad formulations or methods.
- Dependent Claims: Narrower, adding specific limitations or enhancements.
This hierarchical structure fortifies the patent, allowing variability in infringement scenarios while maintaining core coverage.
3. Potential for Patent Challenges
Given the complexity of pharmaceutical patents, IL165687 could face validity challenges based on:
- Obviousness: Similar formulations may exist in prior art, requiring the patent to demonstrate surprising benefits.
- Lack of Inventive Step: If similar compositions or methods are documented, the inventive step must be clarified.
- Insufficient Disclosure: The patent must sufficiently enable reproduction of the invention.
Patent Landscape and Competitive Context
1. Prior Art Analysis
The patent landscape around IL165687 features prior patents in:
- Formulations of similar APIs: Many patents in Israel and international jurisdictions cover the same active ingredients, often with overlapping claims.
- Combination therapies: Prior art may describe the same combinations in different contexts, which Teva aims to navigate through specific claim language.
2. Global Patent Filings & Extensions
Teva likely filed corresponding patents in major markets (US, EU, China) to extend territorial protection. The strategy typically involves:
- Filing PCT applications to retain international rights.
- Filing national phase applications based on the original Israeli filing.
3. Patentability Strategy
Teva’s patent strategy involves:
- Claim drafting: To carve out specific niches that avoid prior art.
- Patent term extensions: To maximize exclusivity, especially if related to patented formulations that qualify for regulatory exclusivity periods.
Implications for the Pharmaceutical Industry
- Generic Competition: IL165687 potentially hinders generic entry if it covers a blockbuster drug, especially if the claims are broad.
- Patent Challenges and Litigation: Competitors may challenge the patent’s validity, citing prior art or claiming non-infringement.
- Innovation Incentives: Strong claims compel competitors to innovate around the patent, possibly leading to new formulations or delivery mechanisms.
Conclusion
The scope of Israel patent IL165687, primarily defined through its claims, encompasses specific pharmaceutical formulations or methods likely aimed at improving the therapeutic profile of a known drug. Its strategic claim construction provides a robust barrier against competitors, influencing subsequent patent filings and market competition within Israel and potentially in other jurisdictions through coordinated filing strategies.
Key Takeaways
- Broadened claim scope: IL165687’s protection likely extends to specific formulations, serving as a robust barrier against generics in Israel.
- Narrow-specific claims: Precise claim drafting is critical to defending against prior art challenges and maximizing exclusivity.
- Strategic IP portfolio: Teva’s global patent filings around similar applications create a broad patent landscape, safeguarding market position.
- Potential patent life extension: Through proper patent prosecution and territorial filings, Teva aims to maintain market exclusivity beyond patent expiry dates.
- Innovation incentives: Narrow claims drive competitors to develop innovative alternatives, fostering ongoing pharmaceutical R&D.
FAQs
1. What is the primary focus of IL165687’s claims?
The patent primarily claims specific pharmaceutical formulations, methods of preparation, or use of a drug active ingredient, designed to enhance efficacy, stability, or bioavailability.
2. How does IL165687 impact generic drug entry in Israel?
If upheld, IL165687 could block generic counterparts from entering the Israeli market with identical formulations, extending Teva’s market exclusivity.
3. Can competitors circumvent IL165687’s patent claims?
Yes. Competitors may develop alternative formulations or delivery methods that do not infringe on specific claims, or challenge the patent’s validity based on prior art.
4. What strategies are used to strengthen IL165687’s patent position globally?
Teva files corresponding patents in major markets, utilizes PCT filings for international coverage, and leverages specific claim language to maintain broad protection.
5. How do patent claims influence future pharmaceutical innovations?
Precise claims can incentivize innovation by defining specific areas for development—prompting designing around existing patents or seeking further inventive steps.
References
[1] Israeli Patent Office, “IL165687 Patent Document.”
[2] Teva Pharmaceutical Industries Ltd. Official Patent Applications and Publications.
[3] World Intellectual Property Organization (WIPO), “PCT Application Data for Teva Pharmaceutical.”
