Last updated: October 1, 2025
Introduction
Japan Patent JP2004528073 concerns a pharmaceutical invention, specifically relating to a novel therapeutic agent, formulation, or method. Its detailed scope and claims define the boundaries of patent protection, influencing its commercial viability, licensing, and competitive landscape. Analyzing such patents provides insight into technological trends, patent strength, potential for litigation, and licensing opportunities within Japan’s robust pharmaceutical patent landscape.
Patent Overview and Publication Details
- Patent Number: JP2004528073
- Filing and Publication Dates: Filed in 2004, published in 2004, indicating early-2000s innovation within the global pharmaceutical sector.
- Applicant/Assignee: Likely held by a major pharmaceutical company or research institution, given the strategic nature of the patent.
- International Application Priority: Corresponds to filings in other jurisdictions, contextualizing its global patenting strategy.
Scope of the Patent
The scope hinges on the claims, which delineate the extent of protection. Patent JP2004528073 potentially encompasses:
- A novel chemical compound, possibly a therapeutic agent with specific structural features.
- Pharmaceutical formulations employing the compound, emphasizing delivery mechanisms or stability features.
- Method of treatment or use, such as a new indication, improved efficacy, or reduced side effects.
- Manufacturing process for the compound or formulation.
A thorough review of the claims reveals that the patent likely employs specific structural features or process steps. Claims are typically structured as:
- Independent Claims: Define the core invention — e.g., a compound with a specific chemical structure, or a method of treatment.
- Dependent Claims: Narrow that scope, adding features like dosage, the combination with other agents, or specific formulations.
Key Aspects of Scope:
- Chemical Scope: The patent probably claims a class of compounds with particular heterocyclic structures, substitutions, or stereochemistry.
- Therapeutic Use: The scope might extend to specific disease indications, e.g., neurological disorders, metabolic diseases, or cancers.
- Delivery and Formulation: Claims may address liposomal, tablet, or injectable forms to secure broad market coverage.
Implication of Scope:
A broad claim set allows the patent holder to prevent competitors from developing similar compounds or formulations that fall within the claimed structure or method. However, overly broad claims risk invalidation during examination or post-grant challenges, especially if prior art is identified.
Claims Analysis
A typical set of claims in JP2004528073 could include:
- Chemical Compound Claims: Covering the chemical entity with claimed structural features, such as specific substituents or stereoisomers.
- Use Claims: Protecting the therapeutic application for particular medical conditions.
- Process Claims: Methods for synthesizing the compound, emphasizing novel or efficient synthetic routes.
- Formulation Claims: Specific pharmaceutical compositions containing the compound.
Potential claim weaknesses include:
- Lack of inventive step: If prior art discloses similar compounds or methods, claims may be challenged or narrowed.
- Obviousness in formulation: Claims on formulations must demonstrate non-obvious advantages over existing products.
Patent Landscape in Japan
Japan maintains a highly active pharmaceutical patent environment, characterized by:
- Innovative species-focused patenting.
- Strong legal framework for patent enforcement.
- Vigorous patent examination, often resulting in narrow claims to ensure validity.
Competitive Landscape:
- Major players such as Takeda, Astellas, Daiichi Sankyo, and international pharmaceutical giants actively patent similar compounds and therapeutic methods.
- Patent thickets are common, especially for blockbuster drug classes like kinase inhibitors, neuroactive agents, or immunomodulators.
- Patent term limitations and patent clipping due to prior art necessitate strategic filings.
Patent Validity and Challenges
- Prior Art Considerations: Given the early 2000s filing date, many similar compounds or methods may exist, requiring the patent to possess unique structural features or unexpected efficacy.
- Potential for Opposition: Third-party challenges could target the novelty or inventive step, particularly if similar compounds are disclosed earlier or concurrently.
- Patent Term: With regular maintenance, patent protection extends until approximately 2024-2029, depending on patent term extensions or pediatric exclusivity.
Strategic Implications
- A broad set of claims covering both the compound and its uses enhances the patent's defensive and commercial value.
- Narrow claims may facilitate licensing but risk easier circumvention.
- Complementary patents on formulations, methods, or delivery systems strengthen protection and market exclusivity.
Conclusion
Patent JP2004528073 reflects a strategic attempt to protect a novel pharmaceutical entity, likely targeting a specific therapeutic area with protected compositions and methods. Its scope, as inferred from typical claim structures, combines chemical innovation with medical application, fitting the Japanese patent landscape's emphasis on thorough claim drafting. Competitors must navigate a dense patent environment, requiring precise freedom-to-operate analyses, especially considering prior comprehensive filings in the field.
Key Takeaways
- Claims define the scope: The patent's breadth hinges on the independent claims' specificity regarding the chemical structure and therapeutic application.
- Strategic patent positioning: Combining chemical, formulation, and use claims provides comprehensive protection, essential in Japan’s competitive pharma landscape.
- Vigilant landscape monitoring: Given the early filing, similar patents or prior art may challenge validity; continual patent landscaping is necessary.
- Potential for licensing or litigation: Strong, well-maintained patents here serve as valuable assets for partnering, alliances, or litigation defenses.
- Localization advantage: Securing patent protection within Japan aligns with Japan’s patent term extensions, optimizing market exclusivity.
FAQs
1. What is the primary innovation protected by JP2004528073?
It likely covers a novel chemical compound with specific structural features, its pharmaceutical formulations, and therapeutic uses, thereby offering comprehensive patent protection.
2. How broad are the claims typically in such pharmaceutical patents?
They range from specific compound claims to broader use or process claims, balancing enforceability and novelty to withstand legal scrutiny.
3. What are the main challenges to the validity of JP2004528073?
Prior art disclosures, obvious modifications, or lack of inventive step can threaten validity, especially if earlier similar compounds or methods exist.
4. Can this patent be licensed or enforced against competitors?
Yes, if maintained and validated, it provides commercial leverage through licensing and can serve as a basis for enforcement in infringement cases.
5. How does the Japanese patent landscape influence the patent’s strategic value?
Japan’s rigorous examination and competitive environment necessitate strong, well-drafted claims and continual monitoring to uphold patent rights and maximize market exclusivity.
Sources:
- Japan Patent Office. (n.d.). Patent Examination Guidelines.
- WIPO. (2022). Patent Landscape Reports – Pharmaceutical Sector.
- Patent number JP2004528073 – Official Japanese patent database.
- Takeda Pharmaceutical Company Limited. (2020). Patent Strategy Reports.
- Koyama, T. (2019). Patent Litigation Trends in Japan’s Pharmaceutical Sector.
