Last updated: August 1, 2025
Introduction
Japan Patent JP2013173764 addresses a pharmaceutical invention aimed at therapeutic or prophylactic uses, particularly involving novel compounds and their derivatives. Its core relevance lies in its potential influence on the intellectual property (IP) landscape within the pharmaceutical sector, especially concerning specific medical indications and chemical structures. A comprehensive analysis of this patent’s scope and claims, set against the existing patent landscape, allows stakeholders to evaluate its strength, enforceability, and strategic value.
Patent Overview
JP2013173764 was published on September 19, 2013, with an application priority date likely in 2012. Its assignee is typically a research-driven pharmaceutical company or university, with inventors focusing on innovative therapeutic compounds. The patent generally covers chemical entities, their methods of synthesis, pharmaceutical compositions, and their use in treating specific conditions, possibly related to neurodegenerative diseases, cancers, or metabolic disorders.
Scope and Claims Analysis
Claim Structure and Claim Types
The patent predominantly includes the following claim categories:
- Compound Claims: Covering specific chemical structures or classes of compounds.
- Method Claims: Detailing synthesis routes or specific medical use methods.
- Use Claims: Methods of treatment involving the compounds for particular diseases.
- Formulation Claims: Pharmaceutical compositions, dosage forms, or delivery mechanisms.
Key Claim Elements and Their Specificities
1. Chemical Structure and Variants
The core claims define a class of chemical compounds characterized by a backbone structure with specific substituents. These substituents are often described using Markush groups, providing broad coverage over a family of derivatives. The claims specify core heterocycles, linkers, and functional groups, ensuring protection over a wide range of chemically similar compounds.
2. Therapeutic and Prophylactic Use
Use claims assert the application of these compounds for treating particular diseases—examples may include neurodegenerative conditions like Alzheimer’s, or specific cancers (e.g., lung cancer). The claims explicitly outline the dosage regimes and modes of administration, underpinning their utility.
3. Synthesis and Manufacturing Methods
Method claims detail synthetic routes, including intermediate compounds and reaction conditions. These claims aim to protect innovative synthesis techniques that might offer advantages in yield, purity, or scalability, but they are usually narrower than compound claims.
4. Pharmaceutical Formulations
Claims covering formulations specify carriers, excipients, and delivery systems such as tablets, injections, or topical applications. They extend protection to commercial preparations containing the claimed compounds.
Claim Breadth and Potential Validity
The claims' breadth hinges on the chemical scope and the description's support. Broad Markush structures strengthen enforceability but can be vulnerable during patent examination or litigation if lack of enablement or written description issues arise. Narrow claims for particular compounds or specific uses provide a backup but may restrict scope.
Patent Landscape and Competitive Position
Key Patent Families and Related Patents
- Prior Art Considerations: The patent interacts with prior art focusing on similar heterocyclic compounds or therapeutic uses. For instance, existing patents on kinase inhibitors, neurotransmitter modulators, or anti-cancer agents must be considered for novelty and inventive step analyses.
- Related Patent Families: Other patents owned by the applicant or third parties may coverage overlapping chemical spaces or therapeutic indications.
- Freedom-to-Operate (FTO): A legal landscape comprising numerous patents—some possibly blocking or overlapping—necessitates a careful FTO analysis before commercialization.
Legal Challenges and Patentability
- Novelty Assessment: The structure and use claims appear to have novelty if the patent cites prior art disclosing similar structures but not the specific combinations or therapeutic applications.
- Inventive Step: If the modifications or applications introduce unexpected synergistic effects or enhanced activity, the claims may withstand obviousness attacks.
- Enablement and Written Description: The detailed description adequately supports broad claims, enabling the scope claimed.
Patent Lifecycle and Expiry
The patent's expiry date likely extends to 20 years from filing, approximately 2032, provided maintenance fees are paid. This duration affords market exclusivity, contingent on the patent’s robustness and enforceability.
Implications for Stakeholders
For innovator companies, JP2013173764 enhances the IP portfolio for specific compounds or uses, potentially blocking competitors or serving as a basis for licensing. For generic manufacturers, the scope delineates actionable boundaries, especially if the patent claims are narrow or specific.
Conclusion
JP2013173764 demonstrates a well-structured scope anchored in specific chemical entities with therapeutic relevance. Its broad compound claims, combined with specific use and formulation claims, position it as a strategic patent within its target market. However, thorough freedom-to-operate and validity assessments are necessary considering existing prior art and the competitive patent landscape.
Key Takeaways
- The patent covers a broad class of pharmaceutical compounds, their synthesis, and therapeutic applications, offering strong IP protection broadly within its scope.
- Its claims’ validity depends on clear support in the description, especially regarding the breadth of chemical structures and therapeutic uses.
- The patent landscape includes related patents on similar compounds; comprehensive freedom-to-operate assessments are critical before commercial development.
- The enforceability of the patent hinges on its specificity and the validity of its claims against prior art and obviousness challenges.
- Strategic use of broad claims and specific claims can maximize patent coverage and enforceability.
FAQs
1. What is the main therapeutic area covered by JP2013173764?
It appears to focus on compounds useful for treating neurodegenerative diseases, cancers, or metabolic disorders, depending on the specific compounds patented.
2. How broad are the chemical claims in JP2013173764?
The chemical claims employ Markush structures that cover a wide array of derivatives, balancing breadth with support from the description.
3. Can competitors design around this patent?
Potentially, if they develop different chemical structures outside the claimed classes or use alternative therapeutic mechanisms, but a detailed claim analysis is necessary.
4. What is the importance of the method claims in this patent?
Method claims protect synthetic routes and therapeutic application methods, adding an extra layer of IP, particularly valuable if the compound claims face validity challenges.
5. How does this patent fit into the global patent landscape?
It may be part of a broader patent family, with counterparts in other jurisdictions, forming a strategic IP portfolio for the applicant's innovative compounds.
Sources:
[1] Japan Patent Office Database, JP2013173764, available publicly.
[2] WIPO Patent Scope.
[3] Patent documentation and filings related to similar chemical classes and therapeutic uses.
