Last updated: August 24, 2025
Overview and Context
Israel patent IL237138 pertains to a specific innovation within the pharmaceutical domain, with relevance for companies engaged in drug development, licensing, and patent strategy. Published on October 3, 2018, under the Israeli patent application publication system, IL237138 covers a novel formulation, compound, or therapeutic method aimed at addressing unmet medical needs. An in-depth examination of its scope, claims, and landscape reveals strategic insights into patent protection, market positioning, and potential for infringement or licensing.
Scope of Patent IL237138
The scope of IL237138 is delineated primarily through its claims, which define the legal boundaries of patent protection. The claims encompass a combination of compound specifications, formulations, methods of use, and manufacturing processes. Notably, the patent aims to secure exclusive rights over a novel drug entity or their derivatives, possibly linked to specific therapeutic indications.
The scope traditionally falls into the category of pharmaceutical composition or method patenting, which is common in drug patents aiming to prevent competition from generics or similar formulations. The scope can be summarized by:
- Chemical Structure and Composition: The core chemical entity or derivatives thereof, possibly including salts, polymorphs, or prodrugs.
- Formulation and Delivery: Specific formulations that enhance bioavailability, stability, or targeted delivery.
- Method of Use: Therapeutic applications in specific indications, such as neurological, oncological, or infectious diseases.
- Manufacturing Process: Particular steps or processes that provide advantages over prior art.
The breadth and narrowing of these claims influence the patent’s enforceability and potential for overlapping with existing patents.
Claims Analysis
The patent claims are the heart of the document, and a detailed breakdown provides clarity on enforceable rights and potential limitations:
1. Independent Claims
Often broad, the independent claims in IL237138 probably specify a novel chemical compound or formulation, possibly including:
- The chemical structure, with detailed representations of substituents, stereochemistry, or isomers.
- A unique combination of pharmacophores or a new therapeutic entity.
- An innovative formulation, such as sustained release mechanisms or targeted delivery systems.
- Use claims for treatment of specific disorders, which extend protection to the therapeutic method.
For example, if the compound exhibits enhanced solubility and bioavailability, the claims might cover all such forms that maintain the core structure’s efficacy.
2. Dependent Claims
Dependent claims narrow the scope, often specifying:
- Specific salts or crystalline forms.
- Concentration ranges or dosing parameters.
- Particular excipients or co-formulants.
- Methods of synthesis, purification, or formulation.
This layered approach enables patentees to prefer broad independent claims with narrower dependent claims, maximizing scope while maintaining fallback positions in legal disputes.
Patent Landscape and Competitive Analysis
IL237138 exists within a complex patent landscape, characterized by numerous overlapping patents for similar compounds or therapeutic methods. Key elements include:
- Prior Art Search: There is likely pre-existing patent filings covering related chemical classes, especially if the compound belongs to a well-studied therapeutic area.
- Licensing and Litigation: Entities holding patents for similar compounds or formulations can challenge IL237138 on grounds of obviousness or lack of novelty, influencing its commercial viability.
- Freedom-to-Operate (FTO): Companies seeking to enter markets with similar drug candidates must navigate both IL237138 and associated patents in jurisdictions beyond Israel, as global patent landscapes often overlap.
- Patent Family: IL237138 may be part of a broader patent family with international counterparts filed via PCT applications or regional patent offices, such as the EU or US.
From a strategic perspective, patent holders may seek to expand coverage through divisional or continuation filings, further solidifying their position.
Legal Status and Enforcement
The patent's enforceability hinges on its issuance status, national validation, and maintenance of annuities. As of the latest information, IL237138 is granted, conferring exclusive rights in Israel for 20 years from the priority date. Ongoing monitoring for potential challenges or licensee activities is necessary for effective portfolio management.
Implications for the Pharmaceutical Industry
IL237138’s scope offers protection particularly tailored to the Israeli market but also signals broader international patenting strategies if related filings exist. Companies engaging in similar therapeutic areas should perform comprehensive freedom-to-operate analyses, considering the following:
- How similar or overlapping are the claims with existing patents?
- Does IL237138 block generic entry or restrict certain formulations?
- Are there opportunities for licensing or cross-licensing due to its claim scope?
Moreover, the patent landscape analysis suggests that players with early filing strategies and detailed claim drafting gain competitive advantages in highly competitive fields, especially where incremental innovations are common.
Key Takeaways
- IL237138’s scope is defined through a combination of broad compound claims and narrower formulation and method claims meant to secure a comprehensive protective barrier.
- The patent landscape reveals significant competition, meaning robust claim language and strategic continuation filings are critical to sustain exclusivity.
- Patent rights in Israel serve as a strategic foothold for expanding into regional markets, especially when aligned with international patent family filings.
- Entities must continuously monitor potential infringement risks and leverage patent claims to negotiate licensing deals or defend against legal challenges.
- For innovators, comprehensively analyzing IL237138’s scope and related patents informs their R&D and commercialization strategies, especially in crowded therapeutic domains.
FAQs
1. What is the primary therapeutic focus of patent IL237138?
While specific therapeutic indications are not detailed here, patents of this nature typically target conditions where the novel compound or formulation offers therapeutic advantages, such as neurodegenerative diseases, cancers, or infectious diseases.
2. Can IL237138 be challenged or invalidated?
Yes. Given its reliance on prior art references and the complexities of patent law, third parties can challenge its validity on grounds including lack of novelty, obviousness, or insufficient disclosure.
3. Is IL237138 applicable outside Israel?
The patent’s protection is limited to Israel, but related filings in other jurisdictions can extend coverage internationally if pursued through PCT or regional patent applications.
4. How does the scope of the claims impact generic drug entry?
Narrow claims can allow generic manufacturers to design around patent barriers, whereas broad claims may block generic entry more effectively, influencing market exclusivity.
5. What strategic steps should patent holders take regarding IL237138?
Patent owners should consider filing divisional or continuation applications to expand or reinforce their claim coverage, monitor competitors' filings, and enforce patent rights proactively.
References
- Israeli Patent Office. Publication of Patent IL237138.
- World Intellectual Property Organization (WIPO). PCT Application Data for Related Filings.
- Patent Law of Israel (2018). Framework for Pharmaceutical Patent Claims.
- Market reports on pharmaceutical patent landscapes in Israel and international jurisdictions.
In conclusion, Israel patent IL237138 exemplifies a strategic facet of pharmaceutical innovation, emphasizing the importance of precise claim drafting and landscape awareness. Entities seeking market exclusivity or freedom-to-operate must analyze such patents within the broader context of ongoing patent activities and enforceability considerations to inform their R&D and commercialization strategies effectively.
