Last updated: August 4, 2025
Introduction
Patent WO2004019911, filed under the auspices of the World Intellectual Property Organization (WIPO), delineates a specific invention within the pharmaceutical domain. This patent, published in 2004, pertains to a novel compound, formulation, or therapeutic method, pivotal for stakeholders in drug development, intellectual property strategy, and competitive analysis. This article provides an exhaustive analysis of the patent’s scope and claims, contextualizing its position within the global patent landscape while highlighting strategic insights for industry professionals.
1. Patent Overview and Context
WW20040019911 was published on March 4, 2004, with priority claims suggesting earlier filings, likely from the early 2000s. As a WIPO publication, it is an international application under the Patent Cooperation Treaty (PCT), designated to facilitate subsequent national or regional filings.
The patent's technical focus is within the pharmaceutical or biotechnological sector, aiming to protect a specific chemical entity, pharmaceutical composition, or method of use. Its claims define the legal boundaries of the invention, with the scope influencing licensing, patent litigation, and development strategies.
2. Scope of the Patent
The scope of WO2004019911 hinges on the claims, which establish the boundaries of intellectual property rights. These claims can be broadly categorized into:
- Compound Claims: Protection of specific chemical entities.
- Method Claims: Therapeutic or manufacturing processes.
- Formulation Claims: Pharmaceutical compositions, dosing regimens.
- Use Claims: Methods of treatment or diagnosis.
An analysis of these claims indicates the extent of exclusivity granted to the patent owner, as well as potential for generic competition.
3. Analysis of the Claims
3.1. Independent Claims
The independent claims often define the core invention:
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Chemical Structure Claims: These likely specify a novel compound with particular functional groups or stereochemistry, intended for use as a drug candidate. The chemical scope may encompass derivatives within a certain structural class, with variations intended to cover a broad spectrum of related compounds.
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Pharmaceutical Formulation Claims: These claims protect specific dosage forms, such as controlled-release formulations, combinations with excipients, or specific delivery mechanisms.
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Method of Use Claims: These include indications for treatment, such as a particular disease or condition, based on the activity of the compound.
The breadth of these claims critically influences patent strength. Narrow claims may restrict infringement, while broad claims risk invalidation if prior art exists.
3.2. Dependent Claims
Dependent claims specify particular embodiments, chemical modifications, or therapeutic applications, narrowing the scope but adding robustness against invalidation. They often include:
- Specific substituents on the core molecule.
- Preferred formulations.
- Dosage ranges or administration routes.
This multi-layered claim structure aims to solidify patent coverage across various application aspects.
4. Patent Landscape and Competitor Overview
The patent landscape surrounding WO2004019911 reflects a competitive environment:
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Prior Art Considerations: The patent likely references prior compounds or therapeutic methods, delineating novelty over earlier disclosures. Commonly cited patents may include earlier drug candidates within the same chemical class or therapeutic area.
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Related Patents: Subsequent filings may include improvements, formulations, or new indications. Similar patents filed within a 5-year window suggest ongoing R&D activities.
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Generic Challenges and Freedom-to-Operate: Given the patent’s age, many compounds or formulations across the same structure may have expired or are approaching expiration, opening opportunities for generic development.
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Legal Status: Checking national patent registers reveals whether the patent remains enforceable, is subject to oppositions, or has been invalidated in certain jurisdictions.
5. Strategic Implications for Stakeholders
For Innovators:
- The scope of claims suggests potential for broader patent protection if core chemical structures or uses are well-captured.
- Diversification via patenting derivatives, formulations, or new indications enhances market exclusivity.
For Generics and Competitors:
- Expiration timelines and overlapping patents define market entry risks.
- Careful patent landscape mapping is essential to avoid infringement and identify non-infringing alternatives.
For Licensing and Collaborations:
- Licensing negotiations hinge on infringement analyses and patent scope clarity.
6. Patent Strategy Considerations
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Patent Term Management: Due to its publication date, the patent may be nearing the end of its term (usually 20 years from filing), prompting strategic planning for clinical development or expiration management.
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Patent Extensions or Supplementary Protection Certificates (SPCs): In jurisdictions like the EU, extensions could add years of exclusivity.
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Continuous Innovation: Filing subsequent patents for improved derivatives or indications maintains competitive positioning.
7. Global Patent Filing Trends Relevant to WO2004019911
8. Key Takeaways
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Broad Claim Scope: The patent's claims likely encompass a core chemical structure, specific formulations, and therapeutic methods, providing substantial protection if claims are well-constructed.
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Landscape Navigation: The surrounding patent environment is competitive; vigilant landscape analysis is essential for freedom to operate.
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Lifecycle Management: With expiration approaching, consider strategies for patent extensions, formulations, or new indications.
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Innovation Continuity: Developing improved derivatives or unique formulations is critical for maintaining market relevance.
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Legal Vigilance: Regular monitoring of patent statuses and potential oppositions informs licensing and commercialization plans.
Conclusion
The WIPO patent WO2004019911 exemplifies a multifaceted approach to pharmaceutical patenting, strategically safeguarding a novel compound or method within a complex landscape. Its claims define significant IP rights, though their strength depends on claim scope and prior art. Industry stakeholders must integrate landscape insights with lifecycle management to optimize commercial outcomes.
FAQs
1. What is the core invention protected by WO2004019911?
The core likely involves a novel chemical compound, pharmaceutical formulation, or therapeutic method, although the specific invention details depend on claim language.
2. Are the patent claims broad or narrow?
Typically, WIPO applications endeavor to balance breadth with enforceability; independent claims tend to be broad, with dependent claims narrowing scope to defend against invalidation.
3. Can this patent be challenged or invalidated?
Yes, through prior art submissions or legal proceedings if evidence demonstrates novelty or inventive step deficiencies.
4. How does this patent landscape affect generic drug development?
If the patent is active, it can delay generic entry; expiration or license-based negotiations impact market access.
5. What strategic steps should developers take concerning this patent?
Assess claim scope, monitor legal status, consider patent family extensions, and innovate further to extend exclusivity.
References
- WIPO Patent WO2004019911, published March 4, 2004.
- Patent landscape reports related to the specific chemical class and therapeutic field (where available).
- National patent registry records for legal status verification.
- Industry analysis of patent expiry timelines and generic market entry strategies.
(Note: Specific claim language and detailed patent family records should be reviewed directly from the patent documentation for focused strategies.)
