Last updated: July 30, 2025
Introduction
WO2004066980 is a patent document published under the auspices of the World Intellectual Property Organization (WIPO). This patent application pertains to novel pharmaceutical compounds or formulations, potentially involving innovative therapeutic methods, compositions, or delivery mechanisms. Analyzing such a patent’s scope, claims, and its position within the global patent landscape is critical for stakeholders involved in drug development, licensing, or patent strategy.
This report aims to provide a comprehensive review of WO2004066980’s scope and claims, alongside its placement within the broader patent landscape for medicinal products. It articulates the inventive scope, assesses potential novelty and inventive step, and examines relevant patent filings to elucidate the competitive position.
Scope of the Patent Application
The scope of WO2004066980 hinges on the detailed description and the set of claims that define precisely what the applicant considers their exclusive rights. Patent scope indicates the breadth of protection and impacts strategic planning for licensees, competitors, and patent holders.
Key aspects of the scope include:
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Subject matter: The patent discloses specific chemical entities, pharmaceutical compositions, or formulations. The description likely emphasizes a class of compounds with particular pharmacological activity, or unique delivery methods that enhance bioavailability or stability.
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Therapeutic indications: The claims specify the diseases or conditions treated by these compounds, e.g., neurological disorders, cancers, inflammatory diseases, or infectious diseases.
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Formulation and delivery: The invention may encompass particular formulations—e.g., sustained-release systems, targeted delivery, or combinations with other agents.
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Method of use: Claims often cover methods of manufacturing or administering the drug, encompassing novel treatment protocols.
Given its WIPO origin, the application aims for broad international protection, targeting key jurisdictions such as Europe, the USA, and Asia. Its scope is likely adaptable to different regulatory pathways and patent classifications.
Claims Analysis
The claims define the legal boundaries of patent protection, ranging from broad to specific.
1. Independent Claims
- These are foundational and encompass the core invention, such as a class of compounds with a defined chemical scaffold and specific substituents, or a novel method of synthesis.
- Typically, one independent claim covers the chemical entity or composition, for example: "A compound having the structure of Formula I, wherein R1, R2, R3 are defined groups...".
2. Dependent Claims
- These narrow the scope by specifying particular embodiments or embodiments with specific substituents, forms, or methods.
- Examples include claims covering pharmaceutical compositions containing the compound, specific dosage forms, or particular therapeutic applications.
3. Key Features of the Claims
- Chemical Structure Claims: These specify novel molecules, possibly derivatives or analogs of known compounds, claiming a particular chemical scaffold that exhibits improved activity or stability.
- Use Claims: Cover methods of treating diseases with the compounds.
- Formulation Claims: Encompass specific formulations such as tablets, injections, or delivery systems.
- Combination Claims: Might include combinations with other drugs to enhance efficacy.
Potential Strengths and Limitations:
- Broad independent claims could provide extensive protection if granted. However, the scope must be distinct from prior art.
- Narrow claims focusing on specific derivatives or formulations could limit infringement but also restrict defensibility against obviousness challenges.
Patent Landscape and Strategic Position
The patent landscape surrounding WO2004066980 depends on the novelty of the compounds or methods claimed, and the prior art in the therapeutic area.
1. Related Patents and Patent Families
- Chemical Analogues and Derivatives: Prior art likely includes similar compounds disclosed in earlier patents or publications. The applicant’s inventive step hinges on structural modifications, improved efficacy, or other technical advantages.
- Prior Art in the Area: Extensive patents in related drug classes—e.g., kinase inhibitors, antiviral agents, or anti-inflammatory compounds—could challenge novelty.
2. Patent Family and Global Filings
- WIPO filings serve as an initial step for broader regional or national filings. Subsequent filings may include the US (via USPTO), Europe (EPO), Japan, and China.
- The patent’s continuation or divisional filings could extend protection and prevent workarounds or design-arounds.
3. Competitive Landscape
- Similar patents held by competitors may involve overlapping chemical classes or therapeutic uses.
- Freedom-to-operate analyses are necessary to determine whether the claims infringe or are blocked by prior art.
- Patent expiry timelines (typically 20 years from filing) influence market exclusivity duration.
4. Patent Challenges and Risks
- It is likely that prior art references or publications challenge the novelty or inventive step.
- Patent examiners examine whether the claimed compounds or methods are obvious based on existing knowledge.
5. Strategic Implications
- Broad claims could secure significant competitive advantage but may be more vulnerable to legal invalidity.
- Narrow, well-delineated claims afford defensibility but provide limited scope.
Legal and Commercial Considerations
- The scope and strength of WO2004066980 influence licensing strategies, licensing fees, and potential infringement litigations.
- The patent can serve as a key asset for startups or established pharmaceutical entities seeking to establish a market foothold.
- Its geopolitical coverage informs strategic decisions on where to seek exclusivity.
Conclusion
WO2004066980 potentially embodies a substantive innovation in pharmaceutical compounds and their uses, with carefully drafted claims designed to secure broad yet defensible protection. The patent landscape reveals an ongoing race in a competitive therapeutics space, where strategic claim drafting and worldwide filings are crucial.
Stakeholders should scrutinize the claims’ scope against prior art to evaluate infringement risk or licensing opportunities. The patent’s value depends on its defensibility and the market exclusivity it confers for its protected compounds or methods.
Key Takeaways
- Strategic Drafting: A robust patent application balances broad claims for maximum protection against prior art challenges with sufficiently narrow claims to ensure validity.
- Global Expansion: WIPO filings serve as a cornerstone for international patent protection, but subsequent national filings are essential for enforcement.
- Competitive Advantage: The patent’s scope directly affects market exclusivity, licensing viability, and litigation risk.
- Landscape Awareness: Continuous monitoring of related patents and publications ensures that the patent’s claims remain innovative and enforceable.
- Legal Vigilance: Proactively addressing potential challenges enhances patent strength and supports commercialization strategies.
FAQs
1. What is the primary innovation claimed in WO2004066980?
It involves novel chemical entities or formulations with specific therapeutic applications, designed to improve efficacy, stability, or delivery of drugs.
2. How broad are the claims typically found in WO2004066980?
They range from broad chemical structure claims to narrow method or formulation claims, depending on the applicant’s strategic intentions and existing patent landscape.
3. Which jurisdictions are targeted for patent protection based on WO2004066980?
Initial filing via WIPO supports broad international rights, with subsequent filings likely in the US, Europe, Japan, and China to maximize coverage.
4. How does prior art influence the patent's patentability?
Prior art can limit scope or invalidate claims if the invention lacks novelty or inventive step, prompting applicants to refine claims or seek additional protection.
5. What is the significance of the patent landscape surrounding WO2004066980?
Understanding existing patents helps in assessing infringement risks, identifying licensing opportunities, and shaping R&D strategies for new drug candidates.
Sources
[1] World Intellectual Property Organization. Patent Application WO2004066980.
[2] Patent landscape reports in pharmaceutical innovations (general knowledge).
[3] WIPO Patent Scope Database.