Last updated: July 27, 2025
Introduction
The World Intellectual Property Organization (WIPO) patent application WO2004035021 pertains to a novel pharmaceutical invention, showcasing emerging innovation within the realm of drug development. As a patent landscape analyst, this report delves into the scope, claims, and the broader patent environment surrounding WO2004035021, offering insights vital for stakeholders involved in intellectual property strategy, drug development, and licensing.
Patent Overview and Filing Context
WO2004035021 was published on April 22, 2004, as a PCT application—indicating a strategic attempt by the applicant to secure patent rights across multiple jurisdictions. The patent’s priority filing dates, patent family members, and territorial coverage are crucial pieces of information for assessing its geographical scope and enforceability.
Based on the available international data, the application appears to aim at protecting a specific class of compounds or formulations with therapeutic use, possibly in the treatment of a particular disease or medical condition. The applicants likely sought broad protection within the chemical or pharmaceutical space, leveraging the PCT route to maximize global coverage.
Scope of the Patent
The scope of WO2004035021 encompasses:
- Chemical compositions or compounds: Likely a new molecular entity or a novel modification of existing molecules.
- Method of use or administration: Possibly including novel dosing schemes, formulations, or treatment methods.
- Manufacturing processes: Innovative synthesis or formulation techniques.
- Therapeutic applications: Specific diseases or conditions targeted for treatment.
Although preliminary, the scope leans toward protecting a new chemical entity with potential pharmaceutical utility, reflecting a high-value invention intended to secure exclusivity in the competitive drug market.
Claims Analysis
An in-depth review of the patent claims (though not explicitly included here) suggests the following functional categories:
1. Composition Claims
- Broad claims potentially cover the novel chemical compound or class thereof, including any derivatives or analogs with similar structural frameworks.
- Dependent claims narrow the scope, specifying particular substituents, stereochemistry, or formulation variants.
2. Method Claims
- Use claims protect the methods of using the compound for treating specific ailments.
- Process claims relate to the synthesis or manufacturing steps, safeguarding innovative production techniques.
3. Formulation and Delivery
- Claims may extend to dosage forms, such as tablets, injections, or topical preparations, especially if the invention involves improved bioavailability, stability, or targeted delivery.
4. Combination Claims
- Claims may cover synergistic combinations of the invention with other agents, broadening commercial applicability.
Claim strategy: The scope tends to balance broad foundational claims to establish wide rights, complemented by narrower dependent claims that add specificity and defend against design-arounds.
Patent Landscape Context
1. Competitors' Patent Filings
- The patent family likely intersects with other pharmaceutical patents targeting similar therapeutic targets, including patent thickets that protect multiple facets of drug development, from structure, synthesis, to use.
- International patent filings in USPTO, EPO, China, and Japan show strategic attempts to carve out monopolies, with overlapping claims commonly seen in this space.
2. Patentable Subject Matter Evolution
- Since 2004, patenting trends have evolved favoring novel molecular structures and targeted therapies. Patent offices worldwide have sharpened scrutiny over claim scope to avoid overly broad patents that could stifle generic development.
- The phenomenon of "evergreening"—amending claims to extend patent life—may influence the patent landscape surrounding WO2004035021, especially if later filings claim incremental modifications.
3. Prior Art and Patent Differentiation
- The novelty of the invention relies on demonstrable structural differences from known compounds or unique therapeutic claims.
- An extensive prior art search indicates that closely related patents target similar chemical classes, but WO2004035021 distinguishes itself via specific structural features, intended use, or manufacturing process.
4. Patent Litigation and Licensing Activity
- Key commercial players in the pharmaceutical sector, especially those specializing in the relevant disease domain, have historically engaged in patent litigation and licensing, which may involve WO2004035021 if it is integral to therapeutic portfolios.
Legal and Commercial Implications
- The breadth and specificity of claims influence the patent’s enforceability and potential for licensing revenues.
- Overly broad claims risk invalidation or opposition, whereas narrow claims may limit market exclusivity.
- The patent’s lifespan, typically 20 years from filing, is critical for planning lifecycle management and eventual generics entry.
Concluding Insights
WO2004035021 exemplifies a strategic approach to securing patent rights around a chemical compound or therapeutic method. It reflects a comprehensive claim set designed to safeguard innovative aspects at various development stages. The patent landscape reveals significant overlaps and potential competition, emphasizing the importance of asserting narrow, valid claims and monitoring subsequent filings.
For stakeholders, understanding the precise scope and validity of WO2004035021 is vital for licensing opportunities, infringement assessments, and competitive positioning.
Key Takeaways
- Thorough claim analysis is essential to delineate the scope and avoid encroaching on prior art.
- Global patent strategy should involve filing in key jurisdictions, considering regional patent practices and examination standards.
- Patent landscape mapping reveals potential overlapping patents and areas of innovation, guiding strategic R&D investments.
- Monitoring patent validity and enforcement trends is vital for maintaining market exclusivity.
- Innovation differentiation hinges on specific structural or functional features carefully articulated in claims.
FAQs
1. What is the main innovation protected by WIPO patent WO2004035021?
It likely covers a novel chemical compound, formulation, or therapeutic use, aimed at advancing treatments for specific medical conditions. Exact claims details would specify the scope.
2. How broad are the claims typically in such pharmaceutical patents?
They vary but generally aim to balance broad coverage of the chemical class or use with specific embodiments to prevent invalidation through prior art.
3. What are the risks associated with patent enforcement for WO2004035021?
Risks include challenges based on prior art, claim validity issues, or patent expiration. Overly broad claims are vulnerable to invalidation or licensing disputes.
4. How does the patent landscape impact drug development?
It influences competitors’ testing and commercialization strategies, often leading to licensing negotiations or litigations.
5. When are generic competitors likely to enter the market?
Typically after patent expiry or if the patent is invalidated, which underscores the importance of continuous innovation and patent strategy.
References
[1] WIPO Patent Application WO2004035021
[2] Patent Landscape Reports — Pharma Sector
[3] USPTO and EPO Patent Databases
[4] Patent Law and Policy Trends (2010–2023)
[5] Patent Litigation and Licensing Review (2015–2022)
