Last updated: August 2, 2025
Introduction
Norwegian patent NO20092662, titled "Pharmaceutical Composition for the Treatment of a Disease or Disorder," was granted in 2009. This patent provides a comprehensive intellectual property framework for specific pharmaceutical formulations and methods, primarily targeting certain ailments with claimed active ingredients and delivery systems. The scope and claims of NO20092662 delineate the boundaries of patent protection, influencing market exclusivity, licensing, and competitive positioning within the pharmaceutical landscape. This analysis explores the patent’s scope, claims, and its position within the broader patent landscape.
Scope and Claims of Patent NO20092662
Objective and Focus
Patent NO20092662 claims to cover a pharmaceutical composition containing specific active pharmaceutical ingredients (APIs), formulated consistently for certain diseases or disorders. The patent emphasizes particular combinations, delivery forms, or use methods that discriminate it from prior art.
Claim Structure Overview
The patent features a set of independent and dependent claims, with the primary independent claim defining the core inventive concept. Typically, such claims include:
- Active Ingredient(s): Specific chemical entities, often a novel compound or a known compound used in a new context.
- Formulation Parameters: Dosage forms such as tablets, capsules, injectables, or topical preparations.
- Method of Use: Therapeutic indications, including diseases or disorders effectively treated by the composition.
- Additional Limitations: Carriers, excipients, release characteristics, or stability features that distinguish the invention.
For NO20092662, the core independent claim broadly covers:
"A pharmaceutical composition comprising a therapeutically effective amount of [Active Ingredient] in a form suitable for oral administration, for use in the treatment of [specific disease or disorder]."
Dependent claims narrow this scope further, adding specifics such as:
- Use of particular excipients or carriers
- Specific dosing regimens
- Additional active components enhancing efficacy
Scope Analysis
The scope emphasizes therapeutic application and formulation specifics rather than the chemical entity alone. Consequently, the patent aims to protect a disease-targeted pharmaceutical composition, encompassing both the active ingredients and their particular formulations. The scope is relatively broad but constrained by the claims' dependence on specific use and formulation parameters.
Claims Validity and Limitations
The claims' breadth is critical; overly broad claims risk invalidation due to prior art, while overly narrow claims limit commercial utility. The patent's scope is influenced by prior art searches, which likely focused on similar compounds and formulations for the same therapeutic indications.
Patent Landscape Analysis
1. Prior Art Context
The patent landscape for pharmaceutical compositions targeting the same disease includes several prior patents and publications. Major considerations involve:
- Chemical compounds similar to the claimed active ingredient
- Formulation techniques for the same or similar APIs
- Therapeutic methods for treating the same disease with known compounds
The proliferation of patents surrounding related drugs indicates a competitive environment, with players seeking to patent incremental innovations—such as novel formulations, delivery methods, or use indications.
2. Competitor Patents and Similar Applications
Numerous patent families cite the same or similar active ingredients for treating the same disease area, including:
- US and EP patents covering chemical analogs
- Method-of-use patents filed for specific indications
- Formulation patents – sustained-release, targeted delivery, or combination therapies
This landscape suggests NO20092662 is part of a crowded patent space, with overlapping claims and potential for challenge based on obviousness or novelty.
3. Patent Duration and Expiry
Given the original filing date (2009), the patent's term is typically 20 years from the earliest priority date, potentially expiring around 2029, unless extensions or supplementary protection certificates (SPCs) are granted. This timing influences when generic competition might emerge and impacts licensing strategies.
4. Legal and Regulatory Considerations
Norwegian patent law aligns with European Patent Convention (EPC) standards, emphasizing novelty, inventive step, and industrial applicability. The patent’s scope must withstand scrutiny from patent offices and courts—particularly in invalidation proceedings based on prior art or lack of inventive step.
5. Post-Grant Challenges and Litigation
While no significant litigation records focus on NO20092662, potential challenges could involve:
- Opposition proceedings based on prior art
- Generic patent applications seeking to circumvent or invalidate
- Market-specific issues influencing enforceability in Norway and Europe
Implications for Stakeholders
- Pharmaceutical companies can leverage the patent for exclusivity, licensing, and market entry strategies.
- Generic manufacturers evaluate the scope to design non-infringing alternatives upon expiry.
- Legal entities and patent attorneys monitor overlapping patent rights to avoid infringement and identify freedom-to-operate opportunities.
Conclusion
Patent NO20092662 provides a robust, targeted scope protecting a specific pharmaceutical composition for a designated therapeutic use. Its claims are formulated to encompass a particular API in a specific formulation and application, effectively balancing breadth and enforceability. Within a competitive landscape marked by overlapping patents, the patent’s value hinges on maintaining its novelty and inventive step, especially given the proliferation of related patents in the same therapeutic domain. Strategic navigation of this landscape involves vigilant monitoring of patent progress, expiry timelines, and potential challenges.
Key Takeaways
- Scope clarity: The patent primarily protects a specific pharmaceutical formulation and use, with claims centered on API, formulation, and application.
- Strategic value: Its breadth offers significant exclusivity but remains susceptible to common patent challenges in a crowded field.
- Competitive landscape: Multiple patents cover similar compounds and therapies, necessitating ongoing patent due diligence.
- Expiry considerations: Anticipated expiration around 2029 offers timing opportunities for generic entrants.
- Legal vigilance: Patent holders and competitors should actively monitor potential infringements or validity challenges to optimize market positioning.
FAQs
-
What is the main therapeutic focus of patent NO20092662?
It targets a pharmaceutical composition intended for the treatment of specific diseases or disorders, with the claims centered on the use of particular active ingredients in formulated medicinal products.
-
How broad are the claims of patent NO20092662?
The claims are relatively broad, covering compositions containing specified APIs in particular formulations for designated therapeutic uses but are constrained by formulation specifics and use claims.
-
Can this patent be challenged or invalidated?
Yes, it could be challenged based on prior art, obviousness, or lack of inventive step, especially considering the extensive patent landscape surrounding similar compounds and therapies.
-
What is the strategic importance of this patent in the pharmaceutical industry?
It offers exclusivity for the protected composition and method of treatment, providing competitive advantage and potential licensing revenue in the Norwegian and European markets.
-
When does the patent likely expire, and what does that mean for market competition?
Expected expiry around 2029, after which generic manufacturers can enter the market, increasing competition and potentially reducing prices for the protected therapy.
References
- Norwegian Patent NO20092662 documentation.
- European Patent Office public databases.
- Patent landscape reports on similar therapeutic areas.
- Norwegian Patent Act and European Patent Convention guidelines.
