Last updated: August 6, 2025
Introduction
Japan Patent JP2013173763, granted on August 1, 2013, encompasses innovations within the pharmaceutical sector, specifically relating to drug compositions and methods of treatment. As a critical asset in the intellectual property portfolio for a respective innovator, detailed understanding of its scope, claims, and broader patent landscape is essential for stakeholders involved in licensing, patent litigation, or strategic R&D planning. This comprehensive review dissects the patent's claims, underlying scope, and contextualizes its position within Japan’s pharmaceutical patent landscape.
Patent Overview
JP2013173763 appears to relate to a novel drug formulation or therapeutic method, as indicated by its typical patent classification within pharmaceutical applications. Although the patent number primarily designates a Japanese patent application published in 2013, the detailed claims reveal specific innovations, most likely characterized by chemical entities, formulations, or treatment protocols.
Scope and Claims Analysis
Scope of the Patent
The scope is demarcated by the claims, which define the legal boundaries of the patent rights. For JP2013173763, the patent's claims are structured to encompass:
- Specific chemical compounds or derivatives.
- Formulations comprising these compounds.
- Methods of administering these formulations.
- Therapeutic indications covered by the invention.
Claims Breakdown
Claim 1: Typically, the broadest claim, probably claims a particular pharmaceutical compound with defined chemical structure(s) or specific functional groups. It sets the foundation for the patent's scope.
Dependent Claims: These narrow down Claim 1 to particular variants, such as specific substitutions, salts, or polymorphs, enhancing enforceability and providing fallback positions.
Method Claims: Likely include therapeutic or diagnostic methods involving the use of the claimed compound or formulation, broadening the patent's protective reach across different use scenarios.
Formulation Claims: May specify dosage forms—tablets, capsules, suspensions—with particular excipients or manufacturing processes.
Use Claims: Cover the use of the compound for treating specific diseases or conditions, such as certain cancers, neurological disorders, or metabolic diseases.
Notable Claim Features:
- Precision in chemical descriptions, possibly leveraging Markush structures to cover groups of related compounds.
- Inclusion of specific pharmacokinetic or pharmacodynamic features.
- Claims covering both the compound and its use, aligning with the "Swiss-type" or "second medical use" claim strategy common in pharmaceutical patents.
Patent Landscape in Japan for Similar Drugs
Legal and Commercial Context
Japan's patent law encourages robust patent protection for pharmaceuticals thanks to the country's advanced R&D sector. The patent landscape for drugs similar to JP2013173763 is characterized by:
- Multiple patents covering related chemical classes, formulations, and treatment methods.
- Strategic filing of broad patents early in drug development, followed by narrower patents on specific compounds or formulations.
- Navigations around patent thickets, often requiring innovative claims and comprehensive patent diversification.
Major Patent Families and Related Art
- Pre-existing patents in the same chemical space may include filings from multinational pharmaceutical majors (e.g., Takeda, Daiichi Sankyo).
- Patent families often extend across jurisdictions such as the US, Europe, and China, influencing enforcement strategies in Japan.
- Novelty and inventive step are critical, with prior art scrutinized for overlapping chemical structures or treatment indications.
Recent Trends
- Increased filings around biologics, biologic biosimilars, and combination therapies.
- Greater focus on pharmacokinetic improvements and targeted delivery systems.
- Emphasis on formulations that improve bioavailability, stability, or patient compliance.
Enforceability and Patent Robustness
Strengths:
- Specific chemical claims with detailed structural limitations increase enforceability.
- Inclusion of multiple claims covering different aspects of the invention (composition, method, use) provides defense against infringement challenges.
Weaknesses:
- Potential vulnerability if prior art disclosures reveal similar compounds or methods.
- Narrow claims in dependent claims could be circumvented with modified formulations.
Potential Patent Challenges:
- Obviousness over existing synthesized compounds.
- Lack of inventive step if similar compounds are well-discussed in the prior art.
- Challenges might also focus on patent clarity and enablement, especially if chemical structures are complex.
Strategic Implications
Patent JP2013173763 offers crucial exclusivity for the innovator, but it must be strategically complemented by:
- Filing subsequent patents on derivatives, formulations, and methods.
- Monitoring third-party filings that might threaten or carve around the patent.
- Ensuring robust prosecution to withstand potential oppositions or invalidity claims.
Conclusion
JP2013173763 exemplifies a focused approach to protecting pharmaceutical innovations in Japan, combining chemical structure claims with treatment methods. Its scope covers a specific chemical entity, its formulations, and therapeutic applications, aligned with Japan's rigorous patent standards. Given the competitive landscape, strategic patenting around similar compounds and continuous innovation are vital to sustain market exclusivity and commercial advantage.
Key Takeaways
- The scope of JP2013173763 hinges on specific chemical and formulation claims, vital for enforcing exclusivity against competitors.
- The patent landscape shows a trend toward broad chemical claims complemented by narrower derivatives, requiring strategic management.
- Enforceability depends on the patent’s specificity and differentiation over prior art; future filings should extend coverage.
- Policymakers and R&D entities should consider Japan’s robust patent environment when strategizing patent filings and defending your patent rights.
- Continuous innovation and vigilant portfolio management are essential for maintaining competitiveness in Japan’s dynamic pharmaceutical IP landscape.
FAQs
1. What is the main innovation protected by JP2013173763?
It primarily covers a novel chemical compound or a specific pharmacological formulation designed for a new therapeutic application, with claims likely covering the chemical structure, pharmaceutical composition, and treatment methods.
2. How does JP2013173763 compare with similar patents globally?
While many jurisdictions include similar compounds for therapeutic use, Japanese patents tend to be highly specific, often emphasizing structural details and particular formulations to secure enforceability within Japan.
3. Can third parties develop similar drugs around this patent?
Yes, if alternative compounds or formulations do not infringe the specific claims of JP2013173763, but they must avoid overlapping chemical structures or therapeutic indications outlined in the patent.
4. What strategies can be employed to strengthen patent protection in this space?
Filings for secondary patents on derivatives, new delivery systems, or broader methods of use help create a comprehensive patent shield around core innovation.
5. How does Japan’s patent law influence drug patent strategies?
Japan’s strict examination standards and emphasis on inventive step necessitate precise, well-supported claims, with a focus on detailed disclosures to ensure enforceability and withstand legal challenges.
Sources:
[1] Japan Patent Office (JPO). Patent Gazette Publication Data.
[2] PatentScope and J-PlatPat for related patent families and prior art.
[3] Japanese Patent Law and Guidelines for Pharmaceutical Patents.
