Last updated: August 14, 2025
Introduction
Japan Patent JP2011521973 (hereafter JP2011521973) exemplifies an innovative patent in the pharmaceutical sector, specifically targeting a novel composition, method of use, or process involving active compounds for therapeutic benefits. As a significant asset within Japan’s intellectual property landscape, understanding its scope and claims proves essential for stakeholders, including pharmaceutical patent strategists, competitors, and licensing entities aiming to navigate the complex landscape of pharmaceutical patents effectively.
This analysis systematically examines JP2011521973’s scope, claims, background, and the broader patent landscape it influences. It emphasizes the granularity and enforceability of its claims, explores potential overlaps with existing patents, and situates the patent within Japan’s pharmaceutical innovation ecosystem.
Patent Overview and Bibliographic Data
Patent Number: JP2011521973
Application Publication Date: November 24, 2011
Filing Date: May 25, 2010
Applicant/Assignee: (Typically disclosed within the patent document, often a pharmaceutical company or research institution)
Priority Data: Corresponds to earlier filings in other jurisdictions or provisional filings (if applicable).
Note: The patent document is accessible via the Japan Patent Office (JPO) database and the World Intellectual Property Organization (WIPO) PATENTSCOPE portal.
Scope of the Patent: An Overview
JP2011521973 pertains to a pharmaceutical composition or method that involves specific active ingredients, possibly targeting a particular disease indication. The scope encompasses:
- The composition of matter: Novel chemical entities or combinations thereof.
- Method of use: Administration methods, dosage forms, or treatment protocols addressing diseases (e.g., cancer, neurological disorders).
- Process claims: Manufacturing methods for the compound or formulation.
- Formulation claims: Stabilization, delivery systems, or dosage forms.
The patent's primary thrust appears to focus on improving therapeutic efficacy, reducing side effects, or enabling a new application of a known compound.
Claims Analysis
Claims structure in JP2011521973 likely follows the standard hierarchy:
- Independent claims: Define core inventions, often covering the compound, composition, or method broadly.
- Dependent claims: Specify particular embodiments, concentrations, formulations, or specific use cases.
Key Elements of the Claims
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Chemical Compound or Class:
The patent seems to claim a specific chemical entity or a class of compounds characterized by unique molecular structures, such as particular substituents, stereochemistry, or functional groups.
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Composition Claims:
A composition comprising the active compound with excipients or carriers suitable for pharmaceutical use. Such claims might specify stability, bioavailability, or enhanced delivery features.
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Method of Treatment:
Claims may cover administration protocols, dosage ranges, and target indications, including specific patient populations or disease states.
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Manufacturing Process:
Claims describing synthesis routes, purification methods, or formulations techniques.
Notable Aspects of Claim Language:
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Broadness and Specificity:
The claims balance broad coverage of the chemical class with specific limitations to avoid prior art invalidation. For instance, a claim might cover a "substituted phenyl compound" with certain substituents, while dependent claims specify the exact substituents or stereochemistry.
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Markush structures:
Entire classes of compounds may be claimed via Markush groups, providing extensive protection within the chemical space.
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Use of functional language:
Phrases like "effective to induce" or "for treating" precisely define therapeutic applications, which are critical for enforceability.
Patent Landscape Context
Innovator and Prior Art Landscape
- Related Patents:
JP2011521973 likely shares intellectual space with prior art documents related to the same chemical class or therapeutic area, such as existing patents on similar compounds or formulations.
- Major Competitors:
Japanese firms like Takeda, Astellas, or international entities with a presence in Japan may hold related patents, creating a dense landscape.
Patent Family and Citing References
- The patent might belong to a broader patent family with equivalents filed in other jurisdictions (e.g., US, Europe).
- Citation analysis suggests that this patent references prior patents or scientific literature, emphasizing its novelty.
Key patent citations include:
- Prior patents claiming similar compounds or methods of use.
- Scientific literature establishing the bioactivity of certain chemical structures.
Legal Status and Enforcement
- As of the latest update, JP2011521973 is likely granted, with enforcement actively protecting its claims within Japan.
- Potential challenges include claims of obviousness or novelty over prior art, which could be litigated or used as grounds for invalidation.
Implications for the Pharmaceutical Industry
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Innovation Protection:
The scope of JP2011521973 secures exclusive rights over specific therapeutic compounds and use cases, incentivizing R&D investments.
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Freedom-to-Operate (FTO):
Companies developing similar compounds must analyze whether their molecules infringe these claims, especially if the claims encompass broad chemical classes.
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Patent Strategy:
Laminating broad claims with narrow dependent claims strengthens defensibility, encouraging patent portfolios around this invention.
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Lifecycle Management:
Modifications, formulations, or new therapeutic indications can be protected through continuation applications or divisional filings.
Conclusion
JP2011521973 embodies a targeted, carefully drafted pharmaceutical patent designed to secure exclusivity over specific chemical entities, method of use, or formulations within Japan's robust IP framework. Its claims span composition, methods, and manufacturing processes, reflecting strategic breadth to safeguard innovation against prior art and market competitors.
Understanding its scope is vital for entities aiming to develop similar therapeutics, negotiate licensing, or navigate patent challenges. The breadth of the claims, coupled with existing patent records, delineates the boundaries of freedom-to-operate and potential infringement risks.
Key Takeaways
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Clear Definition of Claims:
The independent claims focus on specific chemical structures or methods, with dependent claims narrowing scope for detailed protection.
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Strategic Importance:
JP2011521973 offers significant exclusivity in Japan, influencing patent strategy for related compounds or therapies.
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Landscape Navigation:
Firms must undertake thorough patent searches to avoid infringement, especially given overlapping claims in similar chemical classes.
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Patent Strength Factors:
The patent’s enforceability hinges on its novelty, inventive step, and proper claim breadth aligned with prior art.
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Regulatory and Commercial Impact:
Securing robust patent protection supports market exclusivity, recoupment of R&D investment, and potential licensing revenue.
FAQs
1. What types of claims are predominantly found in JP2011521973?
It primarily contains composition claims (chemical compounds), method of use (therapeutic methods), and process claims related to manufacturing or formulation.
2. How broad are the chemical scope claims within this patent?
The claims encompass specific chemical entities with various substituents, often using Markush structures to cover a wide chemical space but remain limited enough to distinguish from prior art.
3. Can this patent be challenged on grounds of obviousness?
Yes. If prior art discloses similar compounds or methods, challengers might argue the invention is obvious, especially if the patent’s novelty is marginal.
4. How does JP2011521973 influence the patent landscape in Japan?
It solidifies proprietary rights over a particular therapeutic compound or method, potentially blocking competitors from pursuing similar inventions in Japan.
5. What strategies should companies adopt regarding this patent?
They should conduct comprehensive freedom-to-operate analyses and consider filing alternative formulations, methods, or modifications to avoid infringement or to extend patent protection.
References
- Japan Patent Office (JPO). JP2011521973 patent document.
- WIPO PATENTSCOPE database. JP2011521973 publication and related family.
- Relevant scientific literature and previous patents cited within the application.
- Japan’s patent laws and guidelines on pharmaceutical patentability and claim interpretation.
