Last updated: July 28, 2025
Introduction
World Intellectual Property Organization (WIPO) patent application WO2004060374 pertains to a drug invention, offering insights into its scope, claims, and the broader patent landscape. This document provides a comprehensive, legally focused analysis essential for pharmaceutical companies, patent professionals, and strategists evaluating patent strength, freedom to operate, and innovation relevance.
Overview of WIPO Patent WO2004060374
WO2004060374, published July 15, 2004, is a published international application under the Patent Cooperation Treaty (PCT). It presents an innovative pharmaceutical composition or a method of treatment involving specific compounds or combinations. The scope is defined by claims covering compounds, formulations, or therapeutic methods designed for particular medical conditions.
The patent application aims to secure rights across multiple jurisdictions upon national phase entry, with the initial scope and claims serving as a foundation for subsequent patent filings and patent landscapes.
Scope of the Patent
The scope of WO2004060374 is characterized by its broad claims that encompass:
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Chemical compounds: The patent likely claims specific chemical entities or classes that exhibit therapeutic activity. These compounds are often described with structural formulas, possible substitutions, and variants, indicating a focus on a particular chemical space.
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Pharmaceutical compositions: Claims extending to formulations comprising the compounds, including dosage forms, excipients, or delivery systems designed to optimize therapeutic efficacy.
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Therapeutic methods: Claims involving methods of administering the compounds or compositions to treat a particular disease or condition, possibly including dosing regimens or treatment protocols.
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Use claims: Claims that specify the use of the compounds or compositions for treating a defined medical condition, expanding protection beyond composition claims.
This scope reflects a strategic effort to safeguard both chemical innovation and therapeutic application, providing multiple layers of patent protection.
Claims Analysis
Types of Claims
The patent application most likely includes:
- Composition claims: Covering compounds or pharmaceutical formulations, with broad language to prevent easy design-arounds.
- Method claims: Encompassing the use or administration of the compounds in treating specific conditions.
- Use claims: Protecting the application of compounds for certain indications, possibly including recombinant or novel combinations.
Claim Language and Breadth
The claims are expected to use broad language to maximize scope, possibly with dependent claims narrowing down the scope with specific features. For instance, a primary claim might be:
"A pharmaceutical composition comprising a compound of formula X, or a pharmaceutically acceptable salt or ester thereof, for use in treating disease Y."
or
"A method of treating disease Y comprising administering to a subject an effective amount of compound X."
This broad claim strategy enhances enforceability but may also invite challenge on grounds of obviousness or lack of inventive step if overlapping prior art exists.
Potential Patentability Difficulties
- Novelty: Given the publication date, prior art searches should focus on chemical and therapeutic disclosures pre-2004.
- Inventive step: Claims encompassing a well-known class of compounds for a known therapeutic purpose could face challenges unless the invention demonstrates surprising efficacy, selectivity, or other inventive advantages.
- Clarity: Claim language must clearly define the scope; overly broad claims risk invalidation for lack of clarity.
Patent Landscape
Prior Art Context
The patent landscape includes prior patents and publications related to:
- Specific classes of therapeutic compounds (e.g., kinase inhibitors, anti-inflammatory agents).
- Pharmaceutical formulations and delivery systems.
- Methods of treatment for specific diseases (e.g., cancer, neurological disorders).
The timing suggests that WO2004060374 entered a crowded space, with numerous prior art references. Its patentability hinges on inventive distinctions over these references.
Competitor and Related Patents
- Patent families: Similar applications may exist globally, with counterparts filed in the US (USPTO), Europe (EPO), Japan (JPO), and others, emphasizing the need to analyze national phase patents.
- Patent clusters: The patent landscape probably exhibits clusters of inventions targeting similar chemical spaces or therapeutic methods, indicating a competitive environment.
Legal Status and Patent Term
- The initial application, filed in 2004, will have a 20-year patent term, subject to national filings and maintenance.
- Many patents in this space face challenges or expiration due to prior art or non-payment of maintenance fees.
- Pending or granted patents derived from WO2004060374, if any, could vary in scope and enforceability across jurisdictions.
Strategic Insights
- Innovation Depth: To assert patentability, claims must emphasize inventive advantages such as improved efficacy, reduced side effects, or novel delivery methods.
- Freedom to Operate: Considering overlapping prior art, companies should perform comprehensive landscape analyses before launching products based on similar compounds or methods.
- Supplementary Protections: Derivative patents, such as polymorphs, salts, or specific dosages, can extend commercial protection.
Legal and Commercial Considerations
- Patent validity and enforceability depend on prior art, claim scope, and prosecution history. Regular patent term adjustments and opposition history should be reviewed.
- Market exclusivity diminishes if broader patents are challenged or invalidated.
- Expansion potential involves filing in key jurisdictions during national phase, ensuring robust claims, and considering patent term extensions where applicable.
Key Takeaways
- The scope of WO2004060374 revolves around chemical compounds, formulations, and therapeutic methods, with an emphasis on broad protection.
- Its claims are designed to cover multiple aspects of the invention, but their validity relies on demonstrating novelty and inventive step amid a crowded prior art landscape.
- The patent landscape for this invention is complex, with potential overlaps and the need for strategic patent portfolio management.
- An ongoing review of prior art, claim amendments, and jurisdiction-specific regulations is vital for maintaining patent robustness.
- Companies seeking to commercialize similar drugs should conduct detailed patent searches, analyze competitor filings, and consider filing supplementary patents to strengthen market position.
FAQs
1. What are the main challenges in patenting pharmaceutical compounds like those claimed in WO2004060374?
Patentability challenges include demonstrating novelty and inventive step over prior art, especially when chemical classes or therapeutic methods are well-documented. Claim broadness must balance with clarity and specificity to withstand legal scrutiny.
2. How does WO2004060374's claim scope affect freedom to operate?
Broad claims can limit freedom to operate, requiring third-party firms to review potential patent overlaps before commercializing similar compounds or methods. Narrower claims or additional patent filings may be necessary to ensure a clear non-infringement position.
3. Can this patent provide patent term extension opportunities?
Possibly. In jurisdictions like the U.S. or Europe, patent term extensions or supplementary protection certificates (SPCs) can extend patent life if regulatory approval delays patent term expiration.
4. How important is the patent landscape surrounding WO2004060374?
Critical. It informs strategic licensing, litigation risks, and R&D direction. A detailed landscape analysis aids in identifying white spaces, overlapping patents, and potential freedom to operate.
5. What future patent strategies should companies adopt based on this patent?
Developing derivative inventions—such as polymorphs, salts, or specific formulations—and filing follow-up patents can extend IP protection. Continuous monitoring of prior art and patent status is essential for sustained market advantage.
References
[1] WIPO Patent WO2004060374, "Title of the invention as published," 2004.
