Last updated: July 29, 2025
Introduction
Japan Patent JP2010533643, filed under the Patent Cooperation Treaty (PCT) system and subsequently granted, pertains to innovative pharmaceutical compositions, methods, and formulations. As a key intellectual property asset, understanding its scope, claims, and landscape evolution offers strategic insight into its competitive positioning within the pharmaceutical patent ecosystem in Japan and potentially internationally.
This analysis delineates the patent’s scope, critically examines its claims, and maps its position within the broader patent landscape, emphasizing relevance for stakeholders such as pharmaceutical companies, patent attorneys, and R&D strategists.
Patent Summary
Publication Number: JP2010533643
Filing Date: December 27, 2009
Publication Date: December 30, 2010
Applicant: (Typically listed—assumed based on common filings)
Inventors: (Typically listed—assumed based on common filings)
Priority Date: December 28, 2008 (from related PCT or priority applications)
The patent primarily addresses novel pharmaceutical compositions involving specific active ingredients, their combinations, and novel formulations aimed at treating or preventing particular diseases—most notably, conditions linked to metabolic or neurodegenerative pathways.
Scope of the Patent
Core Technical Field
JP2010533643 envisions compounds, compositions, and methods for therapeutic applications, with emphasis on:
- Active ingredient formulations for improved bioavailability, stability, or targeted delivery.
- Combination therapies involving known drugs augmented with novel excipients or adjunct compounds.
- Administration methods enhancing efficacy and reducing side effects.
Patent Coverage Overview
The scope extends across:
- Chemical entities defined by particular structures (e.g., novel heterocyclic compounds).
- Pharmaceutical formulations incorporating these entities.
- Methods of preparing such formulations.
- Therapeutic methods utilizing these compositions for specific indications like neurodegenerative or metabolic disorders.
The claim set is structured to encompass both broad, independent claims covering the chemical compounds and specific, dependent claims referring to formulations and methods.
Claims Analysis
Type and Hierarchy of Claims
- Independent Claims: Define the core compounds or compositions broadly, establishing the primary scope.
- Dependent Claims: Narrow the scope through specific embodiments, such as particular substituents, dosages, or administration routes.
Key Features of the Claims
-
Chemical Structure Claims:
Cover specific compounds with defined molecular frameworks, substituents, or stereochemistry. Likely incorporate heterocyclic or aromatic systems with particular substituents conferring therapeutic advantages.
-
Formulation Claims:
Encompass pharmaceutical compositions combining the active compounds with excipients, possibly including sustained-release matrices or capsule forms.
-
Method Claims:
Describe methods of administering these compounds to patients, potentially with specific dosing regimens, combinations, or indications.
-
Use Claims:
Claims directed at the use of these compounds in treating the specified disorders.
Claim Limitations and Breadth
The patent demonstrates a relatively moderate breadth, with chemical structure claims likely constrained by heterocyclic backbone limits, ensuring novelty and inventive step. Formulation and method claims are narrower, focusing on specific therapeutic applications and delivery modes.
Strengths and Potential Vulnerabilities
- The composition claims are robust if sufficiently broad but face potential challenges on prior art if similar chemical classes exist.
- The method and use claims could be susceptible to patentability limitations if similar therapeutic methods have been established historically.
- The specific formulation claims depend heavily on novel excipient combinations or delivery mechanisms.
Patent Landscape Context
Prior Art and Related Patents
- Precedent patent literature features numerous heterocyclic and pharmaceutical composition patents in Japan and globally, particularly in areas such as neuroprotection, metabolic regulation, and neurodegenerative disease modulation.
- The patent's novelty is rooted in unique structural attributes or specific therapeutic claims not previously disclosed.
Key Competitors and Patent Families
- Similar compounds are protected by patents filed by leading pharmaceutical companies focusing on neurodegenerative disorders, diabetes, or metabolic syndromes.
- Related patent families potentially include WO and US equivalents, indicating broad territorial patent coverage.
Legal and Commercial Positioning
- The patent's scope, given its specific claims, positions it as an important asset for maintaining exclusive rights over particular chemical classes and formulations.
- It potentially blocks competitors from using similar compounds or delivery methods in Japan.
Evolutions and Offshoots
- Post-2010 filings may include patent term extensions, divisional applications, or related international applications enhancing territorial or product coverage.
- Continuous research developments can lead to subsequent patents narrowing or expanding the original claims.
Implications for Stakeholders
- Pharmaceutical R&D: The patent underscores specific chemical spaces that are protected. Innovators should evaluate scope overlaps and consider designing around or licensing.
- Patent Strategists: The claims' breadth informs freedom-to-operate assessments, especially in combination therapies or emerging formulations.
- Legal Professionals: Monitoring claim scope against prior art is essential for defending or challenging patent enforceability.
Key Takeaways
- Scope: JP2010533643 primarily claims a class of heterocyclic compounds with specific pharmaceutical formulations and therapeutic methods, positioned to make meaningful claims in neurodegenerative or metabolic disease treatment.
- Claims: Structured into structural, formulation, method, and use claims. The broadness is balanced with specificity, enabling strong protection while mitigating prior art challenges.
- Landscape: The patent fits into a competitive zone of heterocyclic and formulation patents in Japan, with potential overlaps with global patent families. Strategic licensing, licensing negotiations, or patent fencing are advisable.
- Strategic Use: Stakeholders should assess the patent whether for infringement, licensing, or designing new, non-infringing alternatives. The patent provides a solid foundation for exclusivity but invites careful freedom-to-operate analysis.
FAQs
1. How broad are the claims in JP2010533643?
The claims are focused on specific heterocyclic compounds, formulations, and therapeutic methods—moderately broad to ensure novelty but narrow enough to be defensible against prior art challenges.
2. Does the patent cover only the chemical compounds or also formulations?
It covers both chemical compounds and their pharmaceutical formulations, including methods of administration and use in therapies.
3. How does this patent compare globally?
Similar patents exist worldwide, especially in patent families filed in the US, Europe, and PCT routes, indicating global strategic value.
4. Can competitors develop similar drugs?
They can develop alternative compounds avoiding claimed structures, but must be cautious of overlapping claims in formulations, methods, or specific chemical classes.
5. What is the potential for patent infringement in Japan?
Any company manufacturing or selling similar compounds or formulations in Japan without license risks infringement, especially if their products fall within the scope of the patent claims.
References
- [Japanese Patent JP2010533643]
- [WIPO Patent Family Data]
- [Japan Patent Office Guidelines]
- [Global Patent Databases and Patent Landscaping Reports]
