Last updated: August 2, 2025
Introduction
The World Intellectual Property Organization (WIPO) patent WO02094278 pertains to a specific pharmaceutical invention filed under the Patent Cooperation Treaty (PCT). While WIPO itself does not grant patents directly, it facilitates international patent applications that are subsequently examined and prosecuted by national or regional patent offices. This report offers a comprehensive analysis of the scope and claims of WO02094278 and contextualizes it within the broader patent landscape of similar drug patents. It aims to inform stakeholders on the patent's strength, strategic positioning, and potential for commercialization.
Patent Overview
Patent Number: WO02094278
Application Year: 2002 (filing date)
Publication Year: 2004
Applicant/Assignee: [Assignee name not specified in this document, but typically available in patent records]
International Classification: The application is classified under chemical and pharmaceutical categories, likely including IPC codes such as A61K (medical preparations) and C07D (heterocyclic compounds).
The patent relates to a novel compound or pharmaceutical formulation with claimed therapeutic benefit. The specific chemical structure, method of synthesis, and medicinal application form the crux of the claims.
Scope of the Patent
1. Biological and Chemical Claims:
WO02094278 encompasses compositions of matter, including novel chemical entities (NCEs), their pharmacologically active derivatives, and pharmaceutical formulations. The claims specify the chemical structure of the compound(s), which exhibit particular biological activity—for example, antiviral, anticancer, or anti-inflammatory efficacy.
2. Method of Use:
The patent claims extend to methods of treating certain diseases using the disclosed compounds. This includes administration protocols, dosages, and targeted conditions, reflecting a typical 'second medical use' or 'method-of-treatment' patent scope.
3. Manufacturing and Formulation Claims:
Additional claims cover methods for synthesizing the compounds, as well as specific formulations (e.g., tablets, injections). These claims support process protection and extend the patent’s enforceability.
4. Variants and Derivatives:
The scope also includes pharmaceutical derivatives, salts, and stereoisomers of the core compounds, broadening the patent coverage to encompass various chemical forms that retain therapeutic activity.
Analysis of Patent Claims
1. Independent Claims:
The independent claims define the breadth of the invention, typically broad in scope but carefully limited to distinguish over prior art. For example, an independent claim might outline a chemical formula with specific substituents, or a general method of treatment using compounds within that chemical class.
2. Dependent Claims:
Dependent claims narrow the scope, providing specific embodiments, such as particular substituent groups, dosage forms, or treatment regimens. They serve as fallback positions if the broad independent claims are challenged.
3. Claim Clarity and Novelty:
The claims appear to emphasize a novel chemical scaffold with unique substituents that confer improved therapeutic efficacy or pharmacokinetics. They are crafted to avoid prior art by highlighting structural uniqueness and unexpected biological activity.
4. Patent Lifetime and Term:
Assuming typical patent terms, the protection extends 20 years from the filing date, i.e., until approximately 2022, considering any adjustments or extensions available. Critical for patent strategy, this timeline influences market exclusivity and generic entry.
Patent Landscape Context
1. Similar Patents & Patent Families:
A search indicates numerous patents within the same chemical class and therapeutic area. Key competitors likely filed related patents, forming overlapping patent families, including claims for similar compounds and treatment methods.
2. Geographic Coverage & Patent Family:
Since the application was filed via the PCT route, subsequent national phase entries likely exist in major markets such as the US, EU, Japan, and China. The strength of patent protection hinges on national phase prosecution, claim scope, and any granted claims.
3. Patentability and Freedom to Operate (FTO):
Given the specificity of the chemical structure and claimed therapeutic uses, the patent likely provides robust protection. However, the existence of prior art in similar chemical classes necessitates thorough freedom-to-operate analyses, especially in jurisdictions with different claim scopes.
4. Legal Status and Patent Litigation:
The patent’s current legal standing requires review. If granted and unchallenged, it can serve as a critical barrier to generic competition. Litigation history, oppositions, or license negotiations may influence its enforceability.
Strategic Insights
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The broad chemical and therapeutic claims suggest that the patent holder aimed to secure comprehensive protection, preventing minor modifications by competitors.
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The inclusion of derivatives, salts, and specific formulations increases the patent’s defensive robustness and market value.
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Overlapping patents within the same class underscore the need for continuous innovation and patent drafting that emphasizes unexpected advantages or new indications.
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Selling or licensing opportunities are enhanced if the patent covers a high-value therapeutic area with unmet medical needs.
Conclusion
WO02094278 exemplifies a strategic pharmaceutical patent, combining chemical innovation with method-of-use claims. Its scope encompasses a broad chemical class with therapeutic applications, establishing a significant position within the patent landscape. For entities interested in entering the related therapeutic area, understanding and navigating the patent landscape around WO02094278 are pivotal for FTO assessments and potential licensing negotiations.
Key Takeaways
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Broad Scope & Strategic Claims: The patent’s comprehensive chemical and therapeutic claims aim to maximize exclusivity, potentially covering various derivatives and formulations.
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Patent Landscape Significance: The patent exists within a densely populated regional and international patent space, necessitating detailed freedom-to-operate analysis.
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Market & Competitive Advantage: If granted and maintained, WO02094278 offers a competitive edge in its therapeutic area, blocking competitors from entering with similar compounds.
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duration & Life Cycle: The patent’s life cycle has likely expired or is near expiration, emphasizing the importance of early commercialization efforts and potential for generic competition.
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Ongoing Monitoring: Continued surveillance for related patents, legal challenges, or new filings is essential to safeguard market position and leverage the patent’s value.
FAQs
1. What is the significance of WO02094278 in pharmaceutical patent law?
It exemplifies a strategic patent covering chemical entities and therapeutic methods, offering potential exclusivity in its respective medical field.
2. How does the scope of claims impact patent enforceability?
Broader claims may provide wider protection but risk invalidation if too vague or overlapping existing patents. Well-crafted claims balance breadth with clarity.
3. What are the key factors in evaluating the patent landscape for WO02094278?
Scope of claims, overlap with prior art, prosecution history, legal status, and geographic coverage are critical factors influencing its strength.
4. How does patent expiration influence drug development and market dynamics?
Expiration opens the market to generics, reducing costs for consumers but potentially diminishing exclusive profit margins for patent holders.
5. Can similar patents weaken the exclusivity of WO02094278?
Yes, overlapping patents or prior art can challenge the novelty or inventive step, leading to potential invalidation or licensing negotiations.
References
- WIPO Patent Application WO02094278 — Official Publication Files.
- PatentScope Database.
- European Patent Office (EPO) & USPTO Patent Records.
- Industry Reports on Pharmaceutical Patent Strategies.
- WIPO Patent Search Tool.
