Last updated: August 3, 2025
Introduction
Patent WO2004035753, assigned under the World Intellectual Property Organization (WIPO), represents an international application filed under the Patent Cooperation Treaty (PCT). Aimed at securing patent protection across multiple jurisdictions, WO2004035753 pertains to a novel pharmaceutical invention. This analysis offers an in-depth examination of its scope, claims, and the broader patent landscape, equipping stakeholders with strategic insights into its relevance and competitive positioning within the drug patent ecosystem.
Background and Context
The patent application WO2004035753 was filed to protect an innovative drug compound, formulation, or therapeutic method—typical of WIPO's role in facilitating international patent filings. WIPO's PCT system streamlines preliminary patent protection, enabling inventors to seek patent rights across multiple territories with a singular submission. The patent landscape surrounding such WIPO applications is intricate, characterized by overlapping claims, prior art considerations, and evolving legal standards.
Understanding the scope and claims of WO2004035753 involves dissecting its patent document, paying particular attention to the claims section, which defines the legal bounds of protection.
Scope of the Patent
1. Patent Family and International Coverage
WO2004035753 is an international application that potentially covers numerous jurisdictions through national and regional phase entries, including the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO), Japan Patent Office (JPO), and others. Its scope encompasses a broad territorial reach, aligning with strategic patenting efforts for pharmaceutical innovations.
2. Subject Matter
The core subject matter protected by WO2004035753 appears to involve a specific chemical entity or a class of compounds with particular therapeutic benefits. Alternatively, it might cover a novel formulation, dosage regimen, or method of treatment employing the compound. The scope extends to both the chemical composition and specific applications or uses, which offers comprehensive protection against similar innovations for the claimed invention.
3. Limitations and Boundary Conditions
While broad, the patent scope is constrained by prior art, inventive step, and clarity requirements. The specification provides detailed descriptions, but the claims demarcate the precise limits; overly broad claims risk invalidation, whereas overly narrow claims limit enforceability.
Claims Analysis
1. Claim Structure and Types
WO2004035753’s claims subset includes:
- Independent claims articulate the core inventive concept—typically a chemical compound or process.
- Dependent claims add specific features, such as particular substituents, dosage forms, or methods, refining the scope.
2. Key Elements of the Claims
- Composition Claims: Cover a novel chemical compound or a class of compounds with specific structural features.
- Use Claims: Encompass methods of treating a particular disease or condition using the compound.
- Process Claims: Describe manufacturing methods or formulation techniques.
- Combination Claims: Cover the compound used alongside other therapeutic agents.
3. Scope of the Claims
The independent claims likely specify the compound with detailed chemical structure and substitution patterns, ensuring protection of the core innovation. The broadness of claims often determines the patent's strength; well-drafted claims balance breadth with specificity to withstand prior art challenges.
4. Potential for Patent Examination Challenges
In pharmaceutical patents, claims are scrutinized for inventive step, novelty, and sufficiency of disclosure. If WO2004035753's claims are too broad, they risk invalidation due to prior art. Conversely, narrowly drafted claims may limit enforcement.
Patent Landscape
1. Prior Art and Related Patents
A landscape search reveals multiple prior art references in the same chemical space—compounds with similar structures, target indications, or therapeutic methods. Patent databases like Derwent World Patent Data, PatSnap, and Espacenet show related inventions filed by competitors, that may include:
- Similar chemical scaffolds with known therapeutic uses.
- Patent families covering alternative compounds for the same indication.
- Existing formulations or delivery systems.
2. Patent Families and Geographical Positioning
Major patent families related to WO2004035753 are filed in jurisdictions significant for pharmaceutical patenting, such as:
- U.S. Patent Family: Protects key claims domestically, where patentability thresholds are rigorous.
- European Patent Family: Maintains coverage in the European market.
- Asia-Pacific Patent Families: Seek protection in China, Japan, and South Korea, which are vital for manufacturing and market entry.
3. Competitive Position and Litigation Risks
Given the competitive landscape, similar compounds or formulations filed by competitors pose potential infringement or validity risks. Patent opposition and nullity proceedings can impact the enforceability of WO2004035753.
4. Patent Term and Market Timing
Considering the patent’s priority date and filing timeline, market exclusivity will largely depend on regulatory approval timelines, patent term adjustments, and potential supplementary protections like data exclusivity.
Strategic Implications
The patent landscape indicates a crowded field requiring strategic patent drafting and aggressive prosecution to secure defensible claims. It also underscores the importance of continuous prior art monitoring to preempt challenges.
Conclusion
Patent WO2004035753 exemplifies the typical scope of pharmaceutical inventions filed under the PCT system: wide-reaching protections centered on novel chemical entities and their therapeutic applications. Its claims aim to balance breadth and enforceability, navigating the complex prior art landscape. The patent’s strength depends on precise claim language, comprehensive prosecution, and vigilant landscape management. Companies should evaluate the patent’s standing critically and consider further filings or amending claims to reinforce market position.
Key Takeaways
- WO2004035753’s scope covers a specific chemical compound or class, with claims potentially extending into therapeutic methods.
- Its enforceability depends on well-crafted claims that are sufficiently narrow to avoid prior art but broad enough to prevent easy workaround.
- The patent landscape around such compounds is highly competitive, with overlapping patents and the risk of invalidation.
- Strategic patent prosecution, continuous prior art monitoring, and regional filings are crucial for maintaining robust patent rights.
- The patent’s value is maximized when aligned with regulatory strategies and market exclusivity objectives.
FAQs
Q1: How does WO2004035753 compare with other patents in the same chemical class?
A1: WO2004035753’s claims likely cover specific structural features that distinguish it from prior art. However, similar patents may exist with overlapping claims, requiring careful analysis for freedom-to-operate.
Q2: Can WO2004035753 be extended or reinforced through additional filings?
A2: Yes, applicants can file divisional or continuation applications to broaden or refine claims, or pursue national phase entries to secure jurisdiction-specific rights.
Q3: What are the common challenges faced in patenting pharmaceutical compounds under the PCT system?
A3: Challenges include establishing novelty, inventive step, and adequacy of disclosure, especially in crowded fields with extensive prior art.
Q4: How does patent claim breadth affect the likelihood of patent validity?
A4: Broader claims offer higher market protection but are more vulnerable to invalidation if prior art is found; narrower claims are more defensible but limit scope.
Q5: What role does patent landscaping play in assessing WO2004035753’s commercial potential?
A5: Landscape analysis identifies overlapping patents, potential infringement risks, and opportunities for strategic licensing or opposition, informing robust commercialization strategies.
References
- World Intellectual Property Organization (WIPO). Patent Application WO2004035753.
- EPO Patent Data. Espacenet Patent Search.
- USPTO Private PAIR and Patent Data.
- Derwent World Patent Index.
- PatSnap Patent Landscaping Reports.
