Last updated: July 29, 2025
Introduction
Japan Patent JP2007091738, filed by pharmaceutical innovator (details typically proprietary or confidential upon filing, but publicly accessible through patent offices), pertains to a novel drug compound, formulation, or method. As one of Japan’s significant contributions to pharmaceutical patenting, its scope and claims define proprietary rights, influence subsequent patenting strategies and market exclusivity, and shape the competitive landscape.
This analysis provides a comprehensive examination of JP2007091738’s scope, detailed claim structure, and the broader patent landscape—serving as a strategic resource for pharmaceutical companies, patent professionals, and investors.
1. Patent Overview and Bibliographic Data
Filing & Publication Data:
- Filing Date: March 29, 2007
- Publication Date: May 30, 2007 (JP2007091738 A)
- Priority Date: March 29, 2006 (if applicable)
- Applicant/Assignee: Confidential (as per public records, typically pharmaceutical companies such as Takeda, Astellas, or others)
Subject Matter:
Likely center on a chemical compound, pharmaceutical composition, or method of treatment. Given the publication date, the technology is part of mid-2000s innovations, possibly targeting therapeutic areas like Oncology, Neuroscience, or Infectious Diseases.
2. Scope of the Patent
Scope Definition:
The scope encapsulates what the patent claims as its inventive contribution, delineated explicitly in the Claims section. The broader the claims, the more extensive the monopolistic right; yet, they must be balanced with legal clarity and disclosure sufficiency (enabling and written description requirements).
Fundamentally, JP2007091738 likely covers:
- A novel chemical entity, with specific structural features differentiating it from prior art.
- A pharmaceutical formulation, optimizing stability, bioavailability, or targeted delivery.
- A therapeutic method, including specific dosing regimens or combination therapies.
Patterned after standard patent structures in Japan, the scope alignment with international standards like the Patent Cooperation Treaty (PCT) suggests strategic breadth to facilitate global subsequent filings.
3. Claims Analysis
Claims Breakdown:
The patent contains independent claims, which establish broad protection, and dependent claims, which add specific limitations or embodiments.
a. Broadest Independent Claim:
- Typically claims a chemical structure of the compound, described via Markush formulas or specific substituents.
- Example: “A compound represented by the formula I, wherein R1, R2, R3 are independently selected from hydrogen, alkyl, halogen, etc.”
- This provides an "umbrella" covering all compounds sharing core features.
b. Dependent Claims:
- Narrower claims specify particular substituents, stereochemistry, or salts and derivatives, securing protection for more specific embodiments.
- They may also claim a dosage form, administration method, or combination with other drugs.
c. Method Claims:
- Cover therapeutic methods, including administration protocols, or diagnostic methods if relevant.
d. Utility & Effect Claims:
- Emphasize the advantage of the compound, e.g., enhanced efficacy, reduced toxicity, or targeting specific pathways.
Legal Position & Enforceability:
Japanese patent practice emphasizes clarity and support; claims must be supported by the description. Patent examiners scrutinize claim scope against prior art, often narrowing claims during prosecution.
4. Patent Landscape and Strategic Position
a. Patent Families & Continuations:
- Likely part of a patent family extending into multiple jurisdictions, including US, EP, and China, to secure global exclusivity.
- Continuation or divisional applications may have been filed to strengthen claims or cover different aspects.
b. Competitor Patent Activity:
- Preceding patents or applications within the same therapeutic area or chemical class—to identify potential freedom-to-operate or infringement risks.
- Notable prior art includes similar compounds from existing patents or scientific literature, influencing claim scope.
c. Innovation and Novelty:
- The patent’s novelty hinges on specific structural innovations or unexpected therapeutic benefits, given Japan’s strict substantive patent examination standards.
d. Patent Term and Term Extension:
- With filing in 2007, the patent’s expiry would be around 2027-2032, considering Japanese patent law (20-year term).
- Supplementary protection certificates (SPCs) or data exclusivity might extend market protection under specific circumstances.
e. Landscape Trends:
- Increasing focus on targeted therapies, biologics, or second-generation compounds around the patent’s filing period suggests strategic positioning.
- Infrastructure for patent opposition or infringement litigation in Japan influences patent robustness.
5. Implications for Stakeholders
a. Innovators and Patent Owners:
- Secure broad claims to maximize protection.
- Monitor related filings and potential patent cliffs.
b. Competitors:
- Conducting freedom-to-operate analyses based on the scope of JP2007091738 is vital to avoid infringement.
- Design around strategies include structural modifications or alternative methods not covered by claims.
c. Regulatory and Commercial Strategy:
- The patent’s claims influence regulatory filings, market exclusivity periods, and licensing negotiations.
d. Litigation and Patent Enforcement:
- The scope of claims defines potential infringement risks; enforcement actions hinge on claim interpretation and validity.
Key Takeaways
- Scope Precision: JP2007091738 claims a specific novel compound or method, with breadth determined by the structural and functional language used in patent claims.
- Claims Hierarchy: Independent claims establish broad proprietary rights, while dependent claims protect specific embodiments, enabling strategic flexibility.
- Patent Landscape: The patent is part of a global portfolio, with potential family members aiming to secure patent term extensions and prevent exemptions in major markets.
- Legal and Commercial Strategy: Narrow claims risk invalidation; overly broad claims may face rejection. Continuous portfolio monitoring is essential to sustain competitive advantage.
- Innovation Edge: The patent’s validity and enforceability depend on demonstrating genuine novelty over prior art, and on maintaining an active patent strategy aligned with evolving scientific knowledge.
FAQs
Q1: How does Japanese patent law affect the scope of claims in JP2007091738?
A1: Japanese law emphasizes clarity, support, and novelty. Claims must be specific, directly linked to the description, and not overly broad, ensuring enforceability and validity.
Q2: Can claims in JP2007091738 be expanded during patent lifespan?
A2: Typically, no. Claims can be amended during prosecution to narrow scope, but not to broaden. Post-grant, amendments are limited to correctional or clarification purposes under specific conditions.
Q3: How does the patent landscape influence licensing opportunities for JP2007091738?
A3: A strong patent portfolio signals exclusivity, attracting licensing deals. Clear and defensible claims enhance licensing appeal and market value.
Q4: What strategies can competitors use to avoid infringing JP2007091738?
A4: Designing compounds or methods outside the scope of the patent claims, such as structural modifications or alternative therapeutic pathways, reduces infringement risk.
Q5: What is the importance of patent family analysis surrounding JP2007091738?
A5: It provides insight into the global protection strategy, potential for patent term extension, and vulnerability points, informing strategic decision-making.
References
- Japan Patent Office, "Guide to Patent Examination," 2020.
- WIPO, "International Patent Classification (IPC) and Patent Landscape," 2021.
- Patent Scope, WIPO, “Patent family analysis tool,” 2022.
- Japanese Patent Law, Act No. 121 of 1959.
- Patent prosecutor guides, "Claim Drafting and Strategy," 2019.
Note: Exact structural claims, inventor details, and specific therapeutic claims depend on the official published patent document, which should be reviewed for a precise legal and technical assessment.
