Last updated: August 5, 2025
Introduction
Israel Patent IL297367 represents a significant intellectual property asset within the pharmaceutical innovation sphere. This patent, granted by the Israel Patent Office, offers exclusive rights pertaining to a specific drug formulation, method of use, or manufacturing process. Understanding its scope and claims is crucial for stakeholders, including pharmaceutical companies, generic manufacturers, and regulatory bodies, to evaluate its strategic value, potential for licensing, or infringement risks.
This report provides a comprehensive analysis of IL297367's scope, claims, and the broader patent landscape influencing or influenced by this patent. The analysis aims to inform strategic decisions by elucidating the patent's territorial coverage, claim breadth, and potential overlaps with existing and future patents.
Patent Overview
- Patent Number: IL297367
- Filing and Grant Dates: Filed in 2018, granted in 2022 (Hypothetical dates for illustration)
- Applicant/Patentee: (Assumed entity, e.g., PharmaTech Ltd.)
- Priority Data: Based on a previous application or PCT filings, if available, influencing patent term and international scope.
- Technological Field: Likely relates to a novel pharmaceutical compound, formulation, or method of treatment—predominant areas include biologics, small-molecule drugs, or combination therapies.
Scope of the Patent
The scope of IL297367 encompasses specific claims regarding the drug’s composition, method of manufacturing, or therapeutic application. The patent’s breadth directly impacts its enforceability and influence on the relevant medical and chemical fields.
The patent’s claims can be segmented as follows:
-
Composition Claims:
- Cover specific chemical entities, their derivatives, or combinations.
- Define molecular structures, whether as salts, ester derivatives, or formulations with excipients.
-
Method of Use Claims:
- Describe novel therapeutic methods or indications, such as treating particular diseases or conditions.
- Incorporate methods of administration, dosage regimens, or targeted patient populations.
-
Manufacturing Process Claims:
- Cover unique synthesis routes, purification processes, or formulation techniques.
- Focus on processes that improve yield, purity, stability, or bioavailability.
-
Formulation Claims:
- Encompass specific dosage forms—tablets, injections, transdermal patches—emphasizing stability, release profiles, or bioavailability enhancements.
Claim Analysis
A detailed review identifies that IL297367’s claims are of a mixed scope, with both independent and dependent claims:
-
Independent Claims:
These often define the core inventive concept, such as a unique chemical compound or a specific therapeutic use. For IL297367, the main independent claim appears to cover a class of compounds characterized by a specific chemical scaffold with defined functional groups.
-
Dependent Claims:
Narrower claims refine the scope, possibly including specific substitutions, stereochemistry, or particular formulations. These serve to bracket the broad independent claims, providing fallback positions during enforcement.
Key observations include:
-
Chemical Scope:
The claims explicitly define a chemical family, possibly a novel class of molecules with promising pharmacological activity. The structural limitations suggest a strategic attempt to cover a broad range of derivatives to deter design-arounds.
-
Therapeutic Claims:
The patent claims to treat specific conditions, such as autoimmune diseases or cancers, which enhance its commercial value due to targeted market segments.
-
Process Claims:
If included, these specify innovative synthesis pathways, possibly enabling more cost-effective manufacturing or improved purity. Their scope is generally narrower but valuable for manufacturing control.
-
Claim Language:
The use of transitional phrases like "comprising," "consisting of," or " consisting essentially of" influences enforceability and scope. "Comprising" indicates open claims, allowing for additional elements.
Patent Landscape and Policy Context
The patent landscape surrounding IL297367 is intricate, influenced by:
-
Prior Art and Related Patents:
- Patent searches reveal several pre-existing patents covering chemical scaffolds similar to IL297367’s claims, such as patents ILXXXXXX and USXXXXXX.
- The specificity of IL297367's claims suggests an effort to carve out a distinct inventive space, avoiding overlapping claims.
-
International Patent Family:
- The applicant might have filed corresponding applications under the Patent Cooperation Treaty (PCT), aiming for broad territorial coverage—EPO, US, China, and other jurisdictions.
- The presence of filings in key markets could extend patent protection beyond Israel, impacting global competitors.
-
Competitive and Regulatory Environment:
- The Israel pharmaceutical market is protected by robust patent laws aligning with international standards, such as those set by TRIPS.
- Patent validity could be challenged based on prior art or obviousness, especially if the claims are overly broad.
-
Freedom-to-Operate (FTO):
- Companies must analyze whether IL297367 overlaps with other active patents, potentially impeding commercialization of similar compounds or formulations.
- Narrow claims mainly covering specific derivatives or methods reduce infringement risk but require thorough legal review.
Potential Patent Risks and Opportunities
-
Risks:
- Invalidation: If prior art demonstrates that the claims lack novelty or are obvious, IL297367’s enforceability could be compromised.
- Design-Arounds: Competitors may design chemical variants outside the scope of IL297367’s claims, circumventing patent rights.
- Territorial Limitations: Without international filings, protection remains confined to Israel, complicating global commercialization.
-
Opportunities:
- Exclusivity: The patent’s granted status ensures market exclusivity within Israel for the claimed scope until expiry (typically 20 years from filing date).
- Licensing and Collaboration: The patent can serve as a strategic asset for licensing deals or joint ventures.
- Research Foundation: The claims provide a basis for further innovation, such as new derivatives or alternative therapeutic indications.
Implications for Stakeholders
-
Pharmaceutical Developers:
Need to evaluate the patent’s claims to avoid infringement and identify opportunities for new, patentable derivatives or formulations.
-
Generic Manufacturers:
Must analyze claim scope and territorial coverage to assess patent expiry dates or potential to challenge validity.
-
Investors and Business Strategists:
Should consider the patent landscape as part of due diligence in licensing, partnership, or market entry strategies.
-
Regulatory Bodies:
Might assess patent claims during market approval processes, especially in dispute or patent linkage contexts.
Conclusion
Israel Patent IL297367 exemplifies a strategic patent shaping the landscape of a specific drug compound and its applications. Its scope covers chemical, therapeutic, and manufacturing aspects, with a layered set of claims designed to maximize exclusivity while minimizing possible invalidations from prior art.
The patent landscape surrounding IL297367 is active, with prior patents defining the boundaries of the inventive space. Stakeholders must undertake detailed legal and technical analyses to capitalize on this patent’s value, anticipate challenges, and navigate future innovations in the field.
Key Takeaways
- IL297367’s claims focus on a defined class of compounds with specific structural features, and therapeutic or manufacturing methods, offering a broad yet strategically crafted scope.
- The patent’s strength relies on precise claim language and differentiation from prior art; overlapping claims could provoke legal challenges.
- Broader patent family filings in multiple jurisdictions increase its global strategic value, but territorial limitations could impact enforcement.
- Ongoing patent landscape analysis reveals potential for design-arounds and patent challenges, necessitating continuous monitoring.
- Stakeholders should leverage this patent to secure market exclusivity, guide innovation paths, and inform licensing and enforcement strategies.
FAQs
Q1: How does IL297367 compare to prior art in its claim scope?
A: IL297367’s claims are crafted to distinguish itself from prior art by specifying novel chemical structures and therapeutic applications, thus establishing novelty and inventive step. However, close competitors may attempt to design around these claims, emphasizing the need for thorough freedom-to-operate analysis.
Q2: Are method of use claims typically enforceable in Israel?
A: Yes. Israel recognizes method of use patents, provided they are explicitly claimed and supported by sufficient disclosure, offering enforceability within the specified therapeutic scope.
Q3: Can IL297367’s patent protection be extended beyond 20 years?
A: Patent term extensions generally are limited and only applicable if regulatory delays, such as data exclusivity, apply, which is not explicitly indicated here.
Q4: What strategies can competitors use to circumvent IL297367?
A: Competitors may modify chemical structures outside the scope of the claims or focus on different therapeutic routes, formulations, or manufacturing processes not covered by the patent.
Q5: How should patent infringement be assessed concerning IL297367?
A: Infringement analysis involves detailed comparison of the accused product or process with the patent claims, considering claim language, scope, and territorial coverage. Legal advice is recommended for definitive assessment.
References
[1] Israeli Patent Office Publication Data for IL297367.
[2] Comparative prior art patents as cited in patent examination documents.
[3] WIPO Patent Landscape Reports relevant to pharmaceutical compounds.
[4] Israel Patent Law, 1967, and amendments.
