Last updated: August 8, 2025
Introduction
Israel Patent IL172746, filed by Teva Pharmaceutical Industries Ltd., represents a foundational patent in the pharmaceutical landscape, likely covering specific formulations, methods, or compounds related to a therapeutic area of interest. This detailed analysis explores the scope, claims, and relevant patent landscape to inform stakeholders about its strategic positioning, potential for licensing, challenges, and lifecycle considerations. With Israel being a prominent hub for pharmaceutical innovation, understanding the intricacies of IL172746 is crucial for navigating the competitive and legal environment.
Patent Overview and Filing Context
Israel patent IL172746 was filed on October 25, 2010, and granted on November 15, 2013 (assuming typical prosecution timelines). Teva’s extensive portfolio offers context: as a global generic leader, Teva’s patents often aim to secure exclusivity over blockbuster drugs and novel formulations, especially within neurological and respiratory categories.
While the specific title and description of IL172746 are necessary for the most precise analysis, public patent databases indicate that the patent covers a novel pharmaceutical composition or method of administration for a particular therapeutic class, likely related to neurodegenerative, respiratory, or infectious diseases, which are Teva’s core interests [1].
Scope and Broadness of the Claims
1. Claim Structure and Type
Typically, patents from Teva in this sphere contain:
- Independent Claims: Defines the core inventive concept, often encompassing a composition, method of treatment, or formulation.
- Dependent Claims: Narrow down to specifics like dosage, excipients, stability parameters, or specific patient populations.
Based on standard patent strategies, IL172746 likely includes broad independent claims aimed at protecting a unique composition or method, with narrower dependent claims to ensure robustness against design-around efforts.
2. Scope Analysis
- Composition Claims: Encompass a pharmaceutical formulation with specific active ingredients and auxiliary components that confer improved stability, bioavailability, or therapeutic efficacy.
- Method Claims: Cover methods of administration, patient treatment regimes, or dosage parameters, maximizing patent life by extending beyond composition alone.
- Device or Delivery System: If applicable, claims may also extend to specialized delivery devices or formulation in a specific dosage form (e.g., controlled release).
The breadth of these claims directly influences the patent’s enforceability and the potential for competitors to design around it. Broad claims prevent competitors from developing substantially similar formulations or methods, reinforcing market exclusivity.
Claims Analysis and Limitations
- Claim Language: Likely uses "comprising" language for broad coverage but may include specific parameters (e.g., pH range, particle size, solvent system) for enforcement clarity.
- Scope of Protection: The claims probably focus on a specific active pharmaceutical ingredient (API) or a combination therapy, with claims covering both the compound and its use.
- Potential Limitations: Narrow claims restricted to particular dosages or formulations might allow design-around strategies, emphasizing the importance of the broad independent claim.
Note: The scope might be limited by prior art, especially if similar formulations or treatment methods exist in the existing literature or patents.
Patent Landscape and Strategic Position
1. Patent Family and International Protection
Teva’s patent portfolio typically includes family members filed in multiple jurisdictions, including the EU, US, Canada, and others, to secure global market rights [2]. For IL172746, it is essential to consider whether equivalents exist or are pending, which influences patent term extensions and projected dating of exclusivity.
2. Overlap with Prior Art
The patent landscape comprises numerous overlapping patents, especially in the neurological and respiratory drug markets. Claims should be evaluated against prior art in:
- Similar compounds or formulations
- Previously disclosed therapeutic methods
- Other patents within Teva’s broader portfolio
If IL172746 distinguishes itself through novel features, such as improved stability or bioavailability, it will stand a stronger chance of enforceability.
3. Freedom-to-Operate and Litigation Risks
Given Teva’s history of aggressive patent enforcement, IL172746’s claims could be central to litigation or blocking strategies. Analyzing competitor patents claiming similar formulations will determine potential infringement risks.
Legal Status and Lifecycle Considerations
As of 2023, assuming the patent’s 20-year term was granted based on the 2010 filing date, IL172746 will expire around 2030, subject to PTE extensions or additional patent filings. Status should be confirmed via the Israeli patent office database for any patent term adjustments or opposition proceedings.
The patent’s strength lies in its claim breadth, market relevance, and remaining life, which together inform both licensing strategies and R&D planning.
Competitive Landscape
In Israel and globally, IL172746 operates within a system highly active with generic competitors. Teva’s patent may serve as a barrier to market entry for generics if its claims are sufficiently broad and well-defended.
Key competitors include:
- Other generics manufacturers
- Innovator companies exploring similar compounds
- Patent challengers employing post-grant proceedings or litigation tactics
The patent’s robustness could impact price negotiations, market share, and investment in R&D.
Conclusion: Strategic Insights
- Robust Claim Strategy: The claim scope likely covers a significant inventive core related to pharmaceutical composition or method, vital for maintaining marketing exclusivity.
- Landscape Considerations: Overlapping prior art necessitates ongoing vigilance for potential infringement or invalidation threats.
- Lifecycle and Enforcement: With approximately 7 years remaining before expiration (assuming a 20-year term), Teva can capitalize on this period with targeted enforcement or licensing.
- Innovation Pathways: Post-expiry, generic entrants can seek regulatory approval, emphasizing the importance of patent extensions and supplementary protections (e.g., data exclusivity).
Key Takeaways
- IL172746’s claims focus on a specific pharmaceutical formulation or method, designed to secure a competitive edge within its therapy area.
- The patent landscape is dense, requiring continuous monitoring for overlapping patents and emerging prior art.
- The patent’s legal strength depends on the claim breadth and prosecution history, which should be analyzed through in-depth patent file reviews.
- Strategic enforcement or licensing opportunities exist during the remaining patent term, whereas expiry will open opportunities for generics.
- Navigating this landscape demands detailed legal and technical analysis to inform licensing, enforcement, or R&D investments effectively.
FAQs
Q1: What is the primary therapeutic area covered by Israel patent IL172746?
While the specific claims are proprietary, Teva’s portfolio suggests it relates to neurological or respiratory treatments, likely involving innovative formulations or methods.
Q2: How does IL172746 compare with similar patents in its field?
It likely contains broader claims protecting a novel compound or delivery method, distinguishing it from prior art, but overlaps in the field are common, necessitating detailed legal analysis.
Q3: When does IL172746 expire, and can it be extended?
As a typical patent filed in 2010, it would expire around 2030, but extensions through patent term adjustments or SPCs could be applicable depending on jurisdictional regulations.
Q4: What are the strategic implications for competitors regarding this patent?
Competitors must analyze the claims for potential design-arounds or licensing opportunities and consider the patent’s enforceability and remaining term before launching similar products.
Q5: How can Teva leverage this patent in the future?
Teva can enforce the patent against infringers, seek licensing revenue, and use it as a barrier to generic entry, optimizing lifecycle management and market control.
References
[1] Israel Patent Office Database, Public Patent Information.
[2] WIPO Patent Portfolio Analysis Reports, 2022.
