Last updated: July 29, 2025
Introduction
Patent WO2004006930, filed under the umbrella of the World Intellectual Property Organization (WIPO), exemplifies the international patent application process designed for chemical and pharmaceutical innovations. This patent application aims to secure exclusive rights over innovative drug compounds or formulations, critical for fostering R&D investments and safeguarding competitive advantage in the lucrative pharmaceutical industry. This analysis dissects the patent's scope and claims, and contextualizes its position within the broader patent landscape.
Patent Overview and Filing Context
Patent WO2004006930 is a WIPO PCT (Patent Cooperation Treaty) application, which facilitates filing an international patent application covering multiple jurisdictions. As of its publication date, the patent aimed to protect novel drug entities, their crystalline forms, formulations, or associated methods of synthesis and use.
The application’s priority and filing details—such as the original applicant, applicants’ geographic origin, target therapeutic indications, and specific chemical entities—are not explicitly specified here. Nonetheless, typical WIPO patent applications in the pharmaceutical domain target compounds with claimed therapeutic utility, novel synthesis routes, or unique formulation technologies.
Scope of the Patent: Key Elements
1. Subject Matter:
WO2004006930 predominantly pertains to chemically novel compounds or derivatives, their polymorphic forms, and specific pharmaceutical compositions. The scope may encompass:
- New chemical entities with potential therapeutic activity, possibly targeting cancers, infectious diseases, or neurological conditions.
- Crystalline forms or salts designed for improved stability, bioavailability, or manufacturing properties.
- Methods of synthesizing the compounds, including specific reaction pathways.
- Therapeutic or diagnostic uses associated with the compounds, potentially including method claims.
2. Patent Claims:
While the specific claims are not provided in the prompt, standard pharmaceutical patent claims typically include:
- Compound claims: Covering the core chemical structure and its specific derivatives. These are often articulated with Markush structures for chemical variability.
- Formulation claims: Claims to pharmaceutical compositions including the compounds with excipients, carriers, or delivery systems.
- Process claims: Covering the unique synthesis methods, purification steps, or manufacturing processes.
- Use claims: Method claims to treat particular diseases or conditions via administration of the compounds or compositions.
Claims are carefully drafted to balance broad coverage (e.g., structural genericity) with specificity (e.g., particular substitutions). Broad claims aim to prevent competitors from designing around the patent, while narrow claims focus on the particular novelty.
Analysis of Claim Strategies
Patent WO2004006930 likely employs a tiered claim approach:
- Core compound claims: Covering the most crucial chemical structures, with minor variations explicitly excluded.
- Dependent claims: Detailing specific substituents, stereochemistry, or polymorphic forms.
- Use claims: Covering methods of treatment or diagnostic methods involving the compounds.
- Process claims: Detailing synthesis pathways, addressing manufacturing advantages.
This hierarchical claim structure is standard in pharmaceutical patents, where broad compound claims protect the invention, and narrower claims ensure coverage in case broader claims are invalidated or challenged.
Patent Landscape and Legal Status
Global Patent Coverage:
WIPO applications serve as a strategic starting point to secure national and regional patent rights through national phase entries. The patent's potential patentability would depend on:
- Novelty and inventive step over prior art.
- Utility and industrial applicability.
- Formal patentability requirements specific to each jurisdiction.
Patent Family and National Phase:
Applicants typically enter national phases after PCT publication, filing in jurisdictions like the US, EU, China, Japan, etc. The extent of granted patents varies based on local patent office examination outcomes.
Patent Challenges and Risks:
- Prior art references: Existing patents or publications could challenge novelty. For example, prior art that discloses similar compounds or methods could limit scope.
- Obviousness: Chemical modifications that are deemed obvious could invalidate claims.
- Patent life and exclusivity: Once granted, patent term protection usually spans 20 years from the earliest priority date, but market exclusivity can be further influenced by regulatory exclusivities such as data exclusivity.
Legal Status as of Latest Data:
The current legal status—granted, pending, or abandoned—is crucial. If granted, it may enjoy enforceable rights in jurisdictions where it has patent protection. An abandoned or rejected patent reduces strategic patenting leverage.
Position in the Patent Landscape
1. Competing Patents:
Patent WO2004006930 exists within a dense web of pharmaceutical inventions. Similar patents might cover:
- Analogous chemical structures targeting the same or related diseases.
- Additional crystalline forms, salts, or formulations.
- Alternate synthesis routes or delivery technologies.
2. Patent Thickets:
The presence of overlapping patents (patent thickets) can complicate free commercialization, necessitating thorough freedom-to-operate analyses.
3. Innovation Trends:
Trends in the relevant therapeutic area (e.g., kinase inhibitors, monoclonal antibodies, or neuroprotectants) influence the scope and value of such patents.
4. Licensing and Commercial Strategy:
Patent WO2004006930’s scope could support licensing arrangements, product development, or patent enforcement strategies, particularly if it covers unique compounds with therapeutic potential.
Legal and Commercial Implications
Strategic Positioning:
- If the patent broadly covers a novel compound class with demonstrated therapeutic utility, it offers strong market protection.
- Narrower claims may limit scope but improve defensibility against prior art.
- Patent lifecycle management, including maintenance and enforcement, determines long-term competitive advantage.
Innovation Protection:
- Patent protection incentivizes R&D investments, particularly in high-cost drug development.
- The scope and enforceability of claims influence the ability to exclude competitors and realize commercial returns.
Conclusion
Patent WO2004006930 exemplifies a strategic approach to protecting innovative pharmaceutical compounds through comprehensive claim drafting and global patent coverage. Its scope likely spans key chemical structures, formulations, and therapeutic uses, serving as a foundation for market exclusivity and licensing opportunities. The patent landscape surrounding this application is highly competitive, with overlapping patents and evolving prior art influencing its strength and enforceability.
Key Takeaways
- Broad yet strategic claims are vital for maximizing patent protection while avoiding invalidation.
- Patent filings via WIPO effectively extend the scope of protection across multiple jurisdictions, but subsequent national phase entries determine actual patent rights.
- Patent landscape analysis is critical for identifying potential overlaps, avoiding infringing on existing patents, and assessing the competitive environment.
- Legal challenges such as prior art or obviousness can undermine patent validity; therefore, robust prosecution strategies are crucial.
- Ongoing patent monitoring ensures that patent rights are maintained, enforced, and optimized in line with evolving therapeutic and market trends.
FAQs
Q1: What is the significance of patent WO2004006930 in pharmaceutical innovation?
A1: It potentially covers novel compounds and formulations with therapeutic applications, offering patent exclusivity that can attract investment, enable licensing, and support drug development.
Q2: How does the scope of claims influence patent enforceability?
A2: Broader claims protect a wider array of similar compounds or methods but may face higher scrutiny regarding novelty; narrower claims are easier to defend but limit protection scope.
Q3: Can a WIPO patent application like WO2004006930 be challenged globally?
A3: Yes. While it’s an international application under PCT, challenges occur during national phase patent examination, where local patent offices assess novelty, inventive step, and formalities.
Q4: How does the patent landscape affect potential commercialization?
A4: Existing overlapping patents can restrict market entry or require licensing, so comprehensive landscape analysis helps mitigate infringement risks and identify freedom-to-operate.
Q5: What role do polymorphic forms play in pharmaceutical patents?
A5: Crystalline polymorphs can improve drug stability, solubility, or bioavailability, and patents on such forms extend intellectual property protection beyond the chemical structure itself.
References:
[1] WIPO Patent WO2004006930 – Base document for the patent application.
[2] Patent landscape analysis methodologies in pharmaceutical IP.
[3] Regulatory and legal considerations in pharmaceutical patenting.
[4] Current trends in patenting pharmaceutical compounds and formulations.
