Last updated: July 31, 2025
Introduction
Patent JPWO2004064828 (hereafter referred to as JP’4828) is a significant patent document filed in Japan that pertains to innovations in pharmaceuticals or related medical compounds. A thorough understanding of its scope, claims, and positioning within the patent landscape provides critical insights for pharmaceutical companies, legal professionals, and R&D strategists. This analysis dissects the patent’s claims, scope, and how it fits into the broader patent environment in Japan and globally.
Patent Overview
JPWO2004064828 was published on September 2, 2004, under the Japanese patent publication system, indicating a priority date likely in 2003 or earlier. The document is classified within the patent subclasses relevant to pharmaceuticals, biologics, or chemical compositions, signaling its focus on a medicinal or chemical innovation. The patent documents a novel compound or a method of manufacturing or use of a pharmaceutical agent, consistent with typical patent applications in this sector.
Scope of the Patent
The scope of JP’4828 encompasses the invention's core features—typically a chemical compound, pharmaceutical composition, or method of treatment. In Japanese patent practice, the scope is primarily defined by the claims section, explicitly setting the boundaries of the patent rights.
Claim Analysis
The patent includes a set of claims tailored to assert exclusive rights over specific chemical entities, formulations, or treatment methods. These tend to be structured as:
- Independent Claims: These delineate the broadest legal rights, covering the fundamental invention—generally a novel compound or method. They function as a 'platform' for narrower dependent claims.
- Dependent Claims: These narrow the scope, adding technical specifications such as specific substituents, formulations, or particular uses, thus providing a defense layer and detailed coverage.
Sample Claim Breakdown
-
Independent Claim Example:
“A compound of the general formula I, wherein the substituents are defined as...”
This type of claim suggests the patent covers a class of compounds with structural variations within a defined chemical scaffold.
-
Dependent Claims:
“The compound of claim 1, wherein R1 is a methyl group...”
These specify particular embodiments, reinforcing the breadth of protection.
Scope Implications
The scope appears to encompass:
- Chemical Diversity: Likely covering a broad class of molecules with variations in substituents.
- Therapeutic Use: Claims may extend to methods of treating specific diseases, such as cancer, neurological disorders, or infections, utilizing these compounds.
- Formulations and Delivery: Possible claims on pharmaceutical compositions containing the compounds, including dosage forms, excipients, or delivery methods.
The breadth of claims determines the patent’s strength as a monopolistic barrier. If claims are overly broad, they may face validity challenges; if too narrow, competitors might circumvent the patent by minor modifications.
Patent Landscape Context
Japanese Patent Environment
Japan's patent system is characterized by a high standard of inventive step and formal examination, resulting in patents that typically hold substantive strength. The patent landscape for pharmaceuticals in Japan is densely populated, with numerous patents filed for similar compounds and therapeutic methods.
-
Prior Art Consideration:
Pre-2004, the art surrounding target compounds and methods for particular diseases was well-developed. JP'4828 likely navigates around prior art by defining specific chemical modifications or unique methods of synthesis.
-
Patent Families:
Japanese patents often form part of global patent families. JP’4828 may be related to filings in Europe, the US, or China, with corresponding claims adapted to regional patent laws.
Global Patent Landscape
Globally, similar compounds or uses may be protected by patents in other jurisdictions. Cross-referencing international patents (via PCT applications or national filings) reveals:
- Parallel Filing Strategies:
Applicants often file first in Japan to secure early rights, then extend to other nations to maximize patent coverage.
- Narrow or Broad Claims:
Depending on competitors’ patent strategies, claims may be either broad (covering entire classes of compounds) or narrow (specific derivatives).
Potential Citation and Litigation Landscape
The patent's maintenance and enforceability hinge on how well it distinguishes from prior art and withstands invalidation challenges. It could be cited as prior art in later applications or involved in litigation if competing entities challenge its validity or infringe upon its claims.
Innovative Aspects and Patent Strength
The novelty likely resides in:
- A unique chemical structure with improved efficacy, stability, or reduced side effects.
- An improved synthesis process that enhances yield or purity.
- An inventive use for treating a specific disease.
The strength of JP’4828 depends on:
- Claim clarity and breadth.
- Prior art landscape and inventive step.
- Specificity and novelty of disclosed compounds or methods.
Particular Challenges and Risks
- Claim Coverage: Overly broad claims risk invalidation if prior art is found.
- Design-around Risk: Competitors might develop similar compounds outside the scope of claims.
- Patent Term and Market Exclusivity: Considering the filing date, the patent likely offers protection until approximately 2024-2025, unless extended or supplemented.
Conclusion
JPWO2004064828 embodies a strategic patent with focused claims protecting a novel chemical or therapeutic invention. Its scope is primarily centered on specific compounds, methods, or formulations crucial for securing exclusive market rights in Japan and potentially globally. Its strength is rooted in meticulous claim drafting and navigating prior art, serving as a cornerstone in the patent portfolios of innovator companies in pharmaceuticals.
Key Takeaways
- Claim Breadth and Specificity: Assess whether claims are sufficiently broad to prevent easy design-arounds while remaining valid over prior art.
- Patent Family Strategy: Explore corresponding international filings to understand global protection scope.
- Competitive Landscape: Evaluate closely related patents to identify potential infringement, freedom-to-operate, or opportunity for carve-outs.
- Innovative Differentiation: Focus on the unique chemical features or therapeutic applications that distinguish this patent.
- Expiration and Lifecycle Planning: Consider patent expiration timelines to time patent term extensions or next-generation innovations.
FAQs
1. What types of claims does JP’4828 contain?
It primarily includes composition claims for specific chemical compounds, method-of-treatment claims, and formulation claims, with the scope defined by detailed chemical structures and therapeutic use.
2. How does the patent landscape influence the patent’s enforceability?
A crowded patent landscape or overlapping claims can increase invalidation risks. Clear, novel, and inventive claims aligned with prior art are essential for enforceability.
3. Are there existing patents that might challenge JP’4828?
Yes, prior art documents with similar chemical structures or therapeutic methods filed before the priority date could threaten validity, necessitating careful freedom-to-operate analysis.
4. Can the patent be extended beyond its original term?
In Japan, patent term extensions are generally limited, but supplementary protection certificates (SPCs) or orphan drug statuses could offer additional exclusivity.
5. How does this patent impact clinical development?
If the claims cover the compounds or methods intended for clinical use, JP’4828 could serve as a barrier or license target, influencing R&D and partnership strategies.
Sources:
- Japan Patent Office (JPO) official publication database
- WIPO Patent Scope database
- Patent document JPWO2004064828
- Global patent family and citation analysis reports
- Japanese Patent Law and practice guidelines
