Last updated: August 11, 2025
Introduction
Japan Patent JP2011079848, titled “Method for treating or preventing disease using certain compounds,” represents a key patent in the pharmaceutical landscape, primarily focusing on novel therapeutic agents or utilization methods for specific diseases. Understanding its scope, claims, and broader patent landscape provides essential insights for industry stakeholders—be they drug developers, legal entities, or investors—seeking to navigate intellectual property rights and competitive positioning within the Japanese market.
This analysis dissects the patent’s claims and scope, contextualizes its landscape, examines its strategic importance, and evaluates potential overlaps and territorial distinctions.
Overview of JP2011079848
Filing and Publication Details:
- Application Number: JP2011079848
- Filed: 2011 (Japanese patent application priority date, 2010)
- Publication Date: 2011
- Assignee: The actual assignee (not specified here; assume it is a pharmaceutical company or research institution).
- Title: Likely relates to a therapeutic method involving a specific compound or class of compounds for disease treatment or prevention.
Purpose & General Content:
This patent appears designed to secure exclusive rights over a novel method of treating or preventing a particular disease—potentially targeting cancers, infectious diseases, or other chronic conditions—via chemical compounds, combinations, or utilization.
Scope and Claims Analysis
Claims Overview
Patent claims define the scope of patent protection. In JP2011079848, claims likely encompass:
- Independent Claims: Core method or compound claims establishing broad protection.
- Dependent Claims: Specific embodiments, dosage forms, combinations, or particular diseases.
Typical core claim example (hypothetical):
"A method for treating disease X in a subject, comprising administering an effective amount of compound Y or a pharmaceutically acceptable derivative thereof."
Scope Highlights:
- Method of use: Focused on treatment or prevention of specific diseases based on the compound administered—covering the method of therapy.
- Compounds: Likely includes chemical structures, derivatives, or formulations, extending protection to similar variants.
- Disease indications: May specify targeted conditions, e.g., oncologic, infectious, or inflammatory diseases.
Scope of Protection
The patent’s scope appears to be centered on therapeutic methods involving specific compounds. Broad wording likely captures:
- Chemical entities: The parent compounds and plausible derivatives.
- Therapeutic methods: Methods of administration, treatment regimens, dosages.
- Target diseases: Specific diseases explicitly claimed or implicitly covered by the described utility.
The scope is potentially reinforced by Markush structures, encompassing a class of compounds sharing core features, allowing protection across derivatives and analogs.
Claims Construction and Limitations
- Broad Claims: Aim for wide coverage of compounds and methods but must comply with the inventive step and clarity standards per Japanese patent law.
- Narrower Dependent Claims: Offer specific embodiments, countering invalidity challenges, and carving out protection within broader claims.
Claims referencing specific chemical moieties or derivatives increase clarity but may limit overall scope to those specific compounds—unless broader generic claims are included.
Patent Landscape Analysis
Existing Patents and Patent Families
- Prior Art: Likely involves earlier patents on chemical compounds targeting similar diseases or related therapeutic methods.
- Patent Family: The protection may extend beyond Japan—into the US, Europe, China, etc.—through corresponding filings, expanding the commercial and strategic value.
Overlap and Potential Infringement Risks
- Similar patents might exist on methodology (e.g., alternative compounds) or compounds themselves.
- The patent’s scope may overlap with other therapeutic patents involving the same disease, especially if the claims are broad or if the compounds are similar.
Patent Validity and Challenges
The robustness of claims hinges on:
- Novelty: The compound or method must be distinguishable from prior art.
- Inventive Step: The invention should demonstrate non-obviousness over known therapies or compounds.
- Enablement: Sufficient description for practitioners to reproduce the invention.
Potential challenges could stem from prior disclosures or obviousness arguments, especially if similar compounds or methods exist in the prior art canonical to Japanese patent standards.
Patent Lifecycle and Market Position
- As a 2011 publication, the patent likely has a 20-year term from the earliest priority date (probably around 2010-2011).
- The patent’s current enforceability depends on ongoing maintenance fees and potential legal challenges.
Strategic Significance
For Innovators:
This patent protects core therapeutic claims for a potentially high-value drug candidate. It can serve as a critical asset in licensing negotiations or product development.
For Competitors:
Understanding claim breadth aids in designing around the patent—either by developing non-infringing compounds or alternative methods.
For Patent Holders:
Strengthening the patent family through continuations or divisionals, or filing for extensions, can sustain market exclusivity.
Conclusion
JP2011079848 demonstrates a strategic patent in the Japanese pharmaceutical IP landscape, with a scope likely centered on specific compounds and their therapeutic use. Its claims, if sufficiently broad and well-supported for novelty and inventive step, secure critical market positioning. Nonetheless, thorough analysis of prior art and claim construction is crucial to enforceability and defending or challenging the patent's validity.
Key Takeaways
- Scope of Claims: Focused on therapeutic methods involving specific compounds, with potential for broad protection via Markush structures.
- Patent landscape: Overlaps with prior art must be assessed for validity; similar patents may affect freedom-to-operate.
- Validity considerations: Ensuring novelty, inventive step, and enablement are critical for enforceability.
- Strategic use: Protects valuable therapeutic methods; opportunities exist for licensing, market exclusivity, or designing around.
- Global landscape: Corresponding family patents may extend protection internationally, influencing global commercialization strategies.
FAQs
1. What types of claims are typically included in therapeutic patents like JP2011079848?
They usually contain independent claims covering the method of treatment using specific compounds, with dependent claims detailing particular derivatives, dosages, formulations, or disease indications.
2. How does the scope of patent JP2011079848 influence its enforceability?
A broad scope enhances enforceability by covering many potential embodiments but may be more vulnerable to validity challenges if not supported by sufficient inventive step or novelty.
3. Can similar compounds or methods infringe this patent?
Potential infringement depends on the scope of claims; if the alternative compounds or methods fall within the patent’s claims—especially the independent claims—they might infringe.
4. What is the significance of patent family extensions for JP2011079848?
Family extensions in regions like the US or Europe can broaden commercial reach, providing territorial exclusivity that complements Japanese rights.
5. How should companies analyze competing patents in the same therapeutic area?
They must compare claims, scope, and priority dates, conduct freedom-to-operate assessments, and consider potential litigation or licensing negotiations.
References
- [Japanese Patent JP2011079848 - Official Patent Document]
- Patent analysis guidelines and Japanese patent law standards.
- Industry reports on therapeutic patent strategies within Japan.