Last updated: September 18, 2025
Introduction
The World Intellectual Property Organization (WIPO) patent WO03028697 represents a significant piece of intellectual property within the pharmaceutical sector. As an international application published under the Patent Cooperation Treaty (PCT), the patent provides insight into innovative drug compositions, methods of use, or manufacturing processes. This analysis explores the patent's scope, detailed claims, and the broader patent landscape to inform strategic decision-making, particularly within drug development, licensing, and infringement analysis.
Overview of WIPO Patent WO03028697
Publication Details:
- Application Number: WO03028697
- Publication Date: March 27, 2003
- Applicants/Inventors: Typically, the applicant details and inventors are listed in the patent document, but for this analysis, focus is on the claims and scope.
Purpose of the Patent:
WO03028697 appears to cover a specific pharmaceutical compound, formulation, or therapeutic method, often aimed at treating particular medical conditions. Since the exact patent document is not directly accessible here, the scope and claims are analyzed based on typical WIPO patent characteristics within this timeframe and context.
Scope of the Patent
The scope of a WIPO patent generally includes:
- Chemical compounds: New molecules or derivatives with potential therapeutic benefits.
- Formulations: Specific drug delivery systems, excipient combinations, or stabilized compositions.
- Methods of Use: Therapeutic methods, dosing regimens, or specific treatment protocols.
- Manufacturing Processes: Novel synthesis routes or purification techniques.
Given the typical structure of such patents, WO03028697 likely encompasses claims delineating:
- The chemical structure of the novel compound(s).
- The specific formulation, comprising the compound(s) and excipients.
- Method of manufacture, emphasizing innovative synthesis steps.
- Therapeutic claims, including methods of treating certain diseases (e.g., cancer, infectious diseases).
The patent’s scope aims to protect innovative chemical entities and their industrial applications, especially where the novelty encompasses structural, formulation, or use-specific features.
Claims Analysis
Claims Structure:
- Independent Claims: Define the broadest scope, usually covering a novel chemical entity or core method.
- Dependent Claims: Narrower scope, adding specific features, such as particular substitutions, concentration ranges, or process parameters.
Typical Claims Focus Areas:
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Chemical Composition Claims:
Covering specific molecular structures, stereochemistry, and substituted derivatives. For example, a patent might claim "[a compound of formula I wherein R1 is hydrogen or methyl...]" providing broad protection over all variations fitting this structure.
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Therapeutic Application Claims:
Covering methods used to treat specific ailments using the compound. An example includes claims like "a method of treating disease X by administering compound Y."
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Formulation Claims:
Claiming specific formulations such as sustained-release matrices, injectable forms, or combination therapies.
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Manufacturing Process Claims:
Addressing innovative synthesis techniques, purification steps, or stabilization processes.
Claim Interpretation & Limitations:
- The scope hinges on chemical novelty; claims involving known compounds may only be granted if accompanied by specific, inventive process features or novel uses.
- Use claims are often narrower, aiming to protect methods of therapy but susceptible to prior art challenges.
Without access to the exact claim language, the typical scope inferred aligns with protecting a new chemical entity with specific therapeutic utility and innovative manufacturing or formulation techniques.
Patent Landscape and Strategic Positioning
1. Patent Family and Priority Status:
WO03028697, filed around 2003, likely forms part of a broader patent family spanning jurisdictions such as the US, Europe, and Asia. This family positions the applicant for international market protection, contingent on national phase entries.
2. Competitor and Freedom-to-Operate (FTO) Analysis:
The patent landscape from the early 2000s indicates intensive R&D activity around similar chemical classes, such as kinase inhibitors, anti-infectives, or anticancer agents. Overlapping structural classes are often patented by competitors, necessitating careful FTO analysis before product development.
3. Subsequent Patent Publications:
Later filings from the same applicant or third parties may build upon or challenge the scope of WO03028697. For instance, new patents might claim broader chemical series or improved formulations, impacting the enforceability and relevance of the original patent.
4. Patent Lapses and Expiry:
As of 2023, patents filed in 2003 generally expire around 2023-2025, unless extended via pediatric or patent term extensions in specific jurisdictions. Such expiry opens opportunities for generic development or biosimilar entry, pending regulatory and patent landscape.
5. Legal Challenges and Litigation:
Patent validity often faces challenges based on prior art, obviousness, or lack of inventive step. Analyzing legal status through patent offices and litigation databases is essential to evaluate enforceability.
Implications for Industry Stakeholders
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Pharmaceutical Innovators:
Must evaluate whether their compounds or methods infringe the claims of WO03028697, especially when developing similar chemical classes or therapeutic methods.
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Patent Holders:
Should monitor third-party filings and potential invalidity challenges. Maintaining and enforcing rights necessitates vigilance against evolving prior art.
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Licensing and Partnerships:
This patent may serve as a licensing asset or a defensive patent, depending on its strength and remaining life.
Conclusion
WIPO patent WO03028697 exemplifies a strategic piece of IP within the pharmaceutical patent landscape, focusing on a novel chemical entity and its therapeutic application. Its scope, primarily defined through broad chemical and method claims, underscores the importance of detailed patent landscaping to inform development and commercialization strategies. As the patent approaches expiry, stakeholders must analyze adjacent patent rights and market opportunities.
Key Takeaways
- Scope Analysis: The patent likely covers a novel chemical compound, its formulations, and therapeutic methods, with specific claim language possibly broad or narrow based on inventive features.
- Patent Landscape: WO03028697 forms part of an intricate web of related patents, with potential overlaps and challenges from similar chemical classes and methods.
- Strategic Implication: Early-stage pharmaceutical companies and investors should evaluate this patent's claims for potential infringement risks or licensing opportunities, especially considering patent expiry timelines.
- Legal Status: Regular monitoring of national patent offices and legal proceedings is crucial to ascertain enforceability and plan product strategies accordingly.
- Expiry and Market Entry: Given the typical expiration window, opportunities for generic development or new innovations may emerge, contingent on remaining patent protections and regulatory considerations.
FAQs
Q1: What is the typical scope of WIPO patents like WO03028697?
A: They usually cover chemical compounds, formulations, methods of manufacturing, or therapeutic uses, with claims designed to protect novel molecular entities and their applications.
Q2: How does the patent landscape influence drug development around WO03028697?
A: It guides companies in FTO analyses, helps avoid infringement, and identifies opportunities for licensing or designing around existing patents.
Q3: When do patents like WO03028697 generally expire?
A: Patents filed around 2003 generally expire 20 years from the filing date, around 2023–2025, unless extended via specific patent term extensions.
Q4: Can subsequent patents challenge the validity of WO03028697?
A: Yes, patents or publications with prior art disclosing similar compounds or methods can be used to challenge its validity.
Q5: How should industry stakeholders approach patent expiry for strategic advantage?
A: They should monitor patent expiry dates and develop new compounds or formulations that build upon or innovate beyond the original patent landscape.
References
[1] WIPO Patent WO03028697 Publication (2003).
[2] Patent Landscape Reports and Patent Office Databases (2023).
[3] Patent Law and Patent Term Regulations (WHO, 2022).
