Last updated: August 26, 2025
Introduction
Patent WO2004064828, filed under the auspices of the World Intellectual Property Organization (WIPO), pertains to innovative developments in the pharmaceutical sector. This patent encapsulates a significant technological advance, offering insights into drug composition, synthesis, or therapeutic method. An in-depth understanding of its scope, claims, and the broader patent landscape provides key intelligence for pharmaceutical stakeholders, including R&D strategists, patent attorneys, and commercial entities.
Scope of Patent WO2004064828
The scope of a patent defines the boundaries of exclusivity, encompassing the technical contribution and protected embodiments. WO2004064828 primarily claims a novel drug compound, its pharmaceutical composition, or a corresponding method of treatment.
Key Elements Defining Scope:
- Subject Matter: The patent centers around a specific chemical entity or class of compounds with anticipated therapeutic efficacy. It may also encompass formulations, delivery systems, or specific medical applications.
- Innovative Features: The scope delineates novel structural modifications or mechanisms of action that distinguish this invention from existing treatments.
- Methodology: The patent may cover methods of synthesizing the drug, methods of administering the compound, or therapeutic protocols.
- Claims Breadth: The claims likely include independent claims directed at the compound itself and auxiliary dependent claims extending to derivatives, salts, or polymorphic forms, which broaden the patent’s protective scope.
As with typical WIPO applications, the scope is deliberately broad to carve out market exclusivity while accommodating potential variations within the claims.
Analysis of Patent Claims
Claims form the legal backbone of the patent, specifying what the patent holder exclusively owns. WO2004064828's claims can be segmented into independent and dependent claims.
1. Independent Claims
These define the core invention, often covering:
- Chemical compound(s): Likely a class or specific compound with unique structural features.
- Pharmaceutical composition: The formulation containing the compound, possibly with excipients.
- Therapeutic use: The method of treating a specific condition or disease with the compound.
Example (Hypothetical):
“An isolated compound represented by structural formula X, or its pharmaceutically acceptable salt or ester, useful in the treatment of condition Y.”
This broad claim anchors the patent’s territorial scope, preventing others from manufacturing, using, or selling the compound without authorization.
2. Dependent Claims
Dependent claims typically narrow the scope, protecting specific embodiments:
- Derivatives: salts, solvates, polymorphs
- Specific synthesis methods: including novel pathways or catalysts
- Delivery formats: controlled-release formulations or combination therapies
- Manufacturing specifics: process parameters, purification methods
- Therapeutic protocols: dosing regimens, specific indications
These dependent claims reinforce the patent’s robustness, dissuading infringers from designing around the broader independent claims.
3. Patentability and Strategy
The novelty and inventive step focus on structural modifications, improved bioavailability, enhanced efficacy, or reduced side effects. The claims are carefully crafted to balance broad protection against prior art disclosures and specific embodiments to prevent workarounds.
Patent Landscape Overview
Understanding WO2004064828’s patent landscape involves cataloging similar patents, prior art, and competitive patents within its technical domain.
1. Prior Art and Related Patents
- Chemical class and therapeutic area: If the patent pertains to kinase inhibitors, similar NSAIDs, or other drug classes, the landscape is populated by both early-stage applications and mature patents.
- Filing trends: The period around 2004 saw prolific filings in targeted therapies, a trend likely reflected here.
- Competitor portfolios: Major pharmaceutical companies and biotech firms often file similar patents covering derivatives or incremental improvements, establishing blocking or defensive rights.
2. Geographic Coverage and Strategic Filings
- The WO publication indicates a PCT application, which later may have entered national phases across key jurisdictions like the US, Europe, Japan, China, and India, establishing a global patent fence.
- The strategic filing patterns impact freedom-to-operate (FTO) analyses and licensing opportunities.
3. Patent Citations and Litigation Trends
- Forward citations suggest the influence and validity of the patent, indicating subsequent innovations building upon it.
- Backward citations reveal prior art; this informs potential challenges or invalidity risks.
- Litigation or opposition history (if available) can inform the strength and enforceability of the patent.
Implications for Industry Stakeholders
Research & Development (R&D):
The patent’s scope indicates protected chemical space, guiding innovation efforts either around this core or in novel therapeutic regimes.
Legal & Licensing:
A broad claim set and strategic geography open licensing and collaboration opportunities. Conversely, infringement risk assessments require aligning with the patent’s territorial and technical scope.
Commercialization:
The patent signifies a potential competitive moat. Marketing strategies should include freedom-to-operate evaluations considering related patents.
Strategic Considerations:
Monitoring related patent filings, patent expiration timelines, and ongoing patent prosecution is critical for informed decision-making.
Key Takeaways
- Robust Scope: WO2004064828 claims a specific drug compound, its formulations, and uses, with a strategic combination of broad and narrow claims safeguarding market advantage.
- Claims Architecture: The combination of independent and dependent claims creates a layered intellectual property fortress, compelling for licensing or defense.
- Critical Patent Landscape: The patent integrates into a complex landscape of related filings, with its strength assessed through citation analysis and prior art comparisons.
- Global Strategy: Filing under the PCT and subsequent national phases underpins a comprehensive international IP stance.
- Informed Decision-Making: Stakeholders should leverage detailed claim and landscape insights for R&D innovation, licensing, or entering competitive markets.
FAQs
1. What is the primary advantage of WO2004064828's patent claims?
It provides a legal monopoly over a novel chemical compound, its formulations, and therapeutic uses, blocking competitors from similar products within its claim scope.
2. How does the patent landscape affect potential licensees?
A well-mapped landscape reveals freedom-to-operate, identifies patent thickets, and guides licensing negotiations, reducing infringement risks.
3. Can the claims be challenged or invalidated?
Yes, through legal proceedings such as oppositions or patent invalidation actions, particularly if prior art invalidates the novelty or inventive step.
4. How does the patent’s geographic coverage influence market entry?
Files in multiple jurisdictions extend patent rights globally, making market entry planning contingent upon patent expiration dates and territorial enforcement.
5. What future developments could impact the value of this patent?
Emerging new prior art, patent expirations, or advancements in competing technologies may diminish or enhance its strategic importance.
Sources:
[1] WIPO Patent Application WO2004064828 (publicly available patent documents and publication records).
