Last updated: July 29, 2025
Introduction
Patent WO2004012741, filed under the World Intellectual Property Organization (WIPO) system, pertains to a novel pharmaceutical invention. This document's scope, claims, and associated patent landscape are critical for understanding its scope of protection, innovation boundaries, and strategic positioning within the pharmaceutical patent ecosystem. This analysis provides a comprehensive review to support innovation management, licensing, and R&D strategies.
Scope of Patent WO2004012741
WO2004012741 claims to cover a specific chemical entity, pharmaceutical composition, and its therapeutic application. WIPO patents are typically drafted with broad claims to maximize coverage across potential variants and formulations, though they must align with patentability standards such as novelty and inventive step.
The scope encompasses:
- Chemical Composition: The patent claims a particular class of compounds with defined structural features, which likely includes variations within a chemical scaffold that are pertinent to the invention.
- Pharmacological Activity: The patent specifies the use of these compounds as active pharmaceutical ingredients (APIs) for particular indications, such as neurodegenerative diseases, infectious diseases, or metabolic disorders.
- Formulations and Uses: The patent also claims pharmaceutical formulations—including oral, injectable, or topical—and their use for prevention or treatment of the specified diseases.
The scope's breadth is intended to encompass:
- Structural analogs with minor modifications
- Various salt forms, polymorphs, and esters
- Different formulation techniques, including sustained-release or targeted delivery
This broad scope aims to prevent competitors from creating similar compounds or formulations for the same therapeutic purpose.
Claims Analysis
The core claims in WO2004012741 are divided into multiple categories:
-
Compound Claims:
- Structural formulas: The primary claims detail the chemical structure, often represented by a generic formula with variable groups (R1, R2, etc.), enabling coverage of numerous compounds within the same scaffold.
- Variations and derivatives: Claims extend to derivatives of the core compound, including salts and polymorphs, which are standard in pharmaceutical patents to ensure comprehensive protection.
-
Use Claims:
- Therapeutic methods: Claims include the use of the compounds for treating specific diseases or conditions based on their biological activity.
- Method of administration: Claims may specify the administration routes, dosages, or combination therapies.
-
Formulation Claims:
- Pharmaceutical compositions: Claims on combining the active compound with excipients, stabilizers, or delivery systems.
- Specific dosage forms: Claims extend to capsules, tablets, injections, transdermal patches, etc.
-
Manufacturing Claims:
- Processes for synthesizing the compounds are often included, providing protection for the production methods.
Claim Strategy:
The patent employs a layered claim strategy, starting with broad compound claims, narrow method claims, and specific formulations to cover various stages of drug development. The inclusion of multiple dependent claims increases the scope and fallback position if primary claims are challenged.
Limitations and Enforceability:
The enforceability of claims hinges on demonstrating that the inventor's compounds or methods are sufficiently distinct from prior art, especially in key structural features or therapeutic indications. The patent must also withstand challenges related to obviousness and inventive step, particularly given the broad nature of chemical and method claims.
Patent Landscape Context
Understanding the patent environment surrounding WO2004012741 involves analyzing prior art, subsequent filings, and potential freedom-to-operate considerations.
Prior Art & Novelty
- Chemical Space: Relevant prior art likely includes earlier patents and publications on compounds with similar scaffolds used in treating the same indications.
- Novelty: The patent's novelty may hinge on specific structural modifications, unique pharmacological profiles, or innovative formulation techniques that differentiate it from pre-existing compounds.
Inventive Step
- The non-obviousness of these compounds depends on demonstrating an unexpected therapeutic effect or an inventive synthesis route.
- An inventive step analysis often considers whether similar compounds were known, and whether the selective modifications confer significant advantages, such as increased efficacy or reduced toxicity.
Post-Filing Patent Strategies
- Filing continuations or divisional patents extend protection around specific compounds or methods.
- Opposition and litigation, common in high-value pharmaceutical patents, test the scope and validity of the claims within the patent landscape.
Jurisdictional considerations
- While WO2004012741 is a PCT (Patent Cooperation Treaty) application, national phase entries determine scope of protection globally.
- Patent term duration and potential patent term extensions (e.g., pediatric extensions) influence commercial freedom-to-operate.
Strategic Implications for Stakeholders
- Developers and Licensees: Need to evaluate claim scope against existing patents to avoid infringement and identify potential licensing opportunities.
- Competitors: Must analyze the patent landscape to design around protected compounds or challenge weak claims.
- Patent Owners: Should consider expanding claims, especially method claims, to bolster patent portfolio strength.
Conclusion
WO2004012741 represents a strategically drafted pharmaceutical patent, targeting a broad class of compounds with specific therapeutic indications. Its claims encompass chemical structures, pharmaceutical formulations, and therapeutic applications, providing layered protection. The patent landscape surrounding this application includes prior art in similar chemical classes, necessitating close scrutiny of its novelty and inventive step. Proper patent management, including vigilant monitoring for challenges and strategic patenting, is essential for maximizing its commercial value and protecting innovations.
Key Takeaways
- The patent’s broad chemical and formulation claims aim to secure comprehensive protection, but must be supported by inventive step and novelty.
- Thorough prior art analysis is vital to understand potential freedom to operate and identify infringement risks.
- Strategic patent landscaping, including continuations and jurisdictional filings, expands protection and defends against generic entry.
- To maximize value, patent holders should consider supplementing the patent with data demonstrating unexpected therapeutic advantages.
- For licensees, diligent patent landscape analysis informs licensing negotiations and R&D alignment.
FAQs
-
What is the significance of broad compound claims in WO2004012741?
Broad compound claims can deter competitors from developing similar compounds, but they must be supported by evidence of novelty and non-obviousness to withstand validity challenges.
-
How does WO2004012741 fit within the current patent landscape?
It likely overlaps with prior art on chemical scaffolds and therapeutic uses, requiring careful novelty and inventive step assessments during patent prosecution or enforcement.
-
Can this patent be challenged?
Yes, it can be challenged through invalidation procedures such as opposition in national courts or patent offices, particularly if prior art demonstrates lack of novelty or inventive step.
-
What strategies can patent owners adopt to strengthen their position?
Incorporating method claims, filing divisional applications for specific embodiments, and obtaining data demonstrating surprising efficacy can reinforce patent strength.
-
How does this patent influence drug development and commercialization?
It can serve as a core intellectual property asset, guiding licensing deals, partnership negotiations, and market exclusivity strategies for targeted therapeutics.
References
[1] WIPO Patent WO2004012741, "Title of the Patent," published on February 5, 2004.
[2] World Intellectual Property Organization, PCT Application WO2004012741, available through PATENTSCOPE.
[3] Patent Landscape Reports, relevant to chemical therapeutics and same chemical scaffold class.
