Last updated: July 31, 2025
Introduction
The World Intellectual Property Organization (WIPO) patent WO2004080383 pertains to technological innovations in the pharmaceutical domain. As a published international application under the Patent Cooperation Treaty (PCT), it represents an initial step towards seeking global patent protection. Analyzing its scope, claims, and landscape provides critical insights for stakeholders in drug development, licensing, and patent valuation.
This article offers a comprehensive, technical review of WO2004080383, emphasizing patent claims, scope, and its positioning within the broader drug patent landscape.
Patent Overview
Publication Details
- Publication Number: WO2004080383
- Application Filing Date: Approximately 2003
- Publication Date: Around 2004
- Applicant/Owner: Typically disclosed in documents; assumes a pharmaceutical entity or consortium.
- International Patent Classifications (IPC): Likely includes classes related to pharmaceuticals, specific chemical compounds, or therapeutic methods, such as A61K (medical preparations), C07K (peptides), etc.
Application Focus
Based on the typical scope of WO2004080383, the application likely centers on a novel class of chemical compounds, formulations, or methods for treating specific medical conditions—common themes in pharmaceutical patent filings. Given the era and typical patent application strategies, it may cover a new molecule, its derivatives, formulations, or therapeutic uses.
Scope of the Patent: Key Aspects
1. Claims Overview
Patent claims define the exclusive rights granted by the patent. For pharmaceutical patents, these usually encompass:
- Compound claims: Chemical structures, genus or species claims.
- Uses/Method claims: Specific therapeutic applications or treatment methods.
- Formulation claims: Composition details including excipients and delivery systems.
- Process claims: Manufacturing methods for the compounds or formulations.
In WO2004080383, the claims are presumed to focus on a novel chemical entity or class, with structural features that distinguish it substantially from prior art. They may also specify:
- Pharmacologically active derivatives.
- Specific substituents or stereochemistry.
- Use in treating particular diseases, e.g., neurodegenerative conditions, cancers, or infectious diseases.
2. Claim Legal Scope
The breadth of claims would determine patent strength:
- Broad claims: Covering a broad chemical genus or therapeutic application, providing extensive protection but more difficult to defend.
- Dependent claims: Narrower, specifying particular chemical variants, formulations, or uses.
Given the typical strategy, the patent likely includes broad claims to maximize coverage, with narrower dependent claims for fallback positions.
3. Functional and Structural Limitations
The scope depends on how well the claims balance structural specificity with functional breadth, considering prior art. The claims probably specify chemical structures with optional substitutions, allowing for patent protection on variants and derivatives, which is common in pharmaceutical patents.
Claims Analysis
While the specific claims text is unavailable here, the analysis suggests:
- A primary claim might articulate a chemical compound with a core structure, characterized by specific substituents—e.g., "[chemical structure]" with "R1, R2, R3" as variable groups.
- Use claims specify methods of treating a disease with these compounds, possibly including dosage forms and administration routes.
- Additional claims might describe methods of synthesis or formulations, such as sustained-release compositions or targeted delivery systems.
The patent likely seeks to secure exclusive rights over both the chemical entities and their medical applications—covering the compound’s structure, synthesis, and use.
Patent Landscape and Strategic Positioning
1. Prior Art Context
Assessment of patentability suggests that WO2004080383 was filed in a landscape with prior art covering similar chemical classes, use cases, or therapeutic targets. Its novelty depends on structural distinctions, new therapeutic indications, or improved pharmacokinetic profiles.
The patent landscape includes:
- Earlier patents on chemical classes or therapeutic methods.
- Subsequent patents citing this application stepping from its priority, expanding coverage or refining claimed compounds.
- Publications that describe similar molecules, necessitating narrow claims or specific features for validity.
2. Patent Family and Geographic Coverage
This WO publication is an initial international filing, enabling applicants to seek protection via national phase entries in key markets such as the US, EU, Japan, and others. Patent families arising from this WO could form a robust portfolio if granted and maintained.
3. Landscape Considerations
- Patent Thickets: Similar patents within the same chemical class could create complex freedom-to-operate (FTO) considerations.
- Competitive Edge: Broad claims, especially encompassing diverse derivatives, strengthen the applicant’s market position.
- Citing Patents: Later patents referencing WO2004080383 can indicate the patent’s influence and strategic importance.
Legal and Commercial Implications
1. Patent Validity and Challenges
- The robustness of claims hinges on non-obviousness and novelty over prior art.
- The patent’s chemical breadth invites scrutiny; overly broad claims may be vulnerable to invalidation or non-infringement challenges.
2. Licensing and Litigation
- Given the early publication, successful prosecution could lead to licensing revenue, especially if the patent covers a promising therapeutic area.
- It also functions as a barrier to generic manufacturing, provided that the patent issues valid and enforceable.
3. Market Impact
- If granted and maintained, this patent could underpin proprietary drug formulations, with potential extensions through supplementary filings—divisional applications, secondary patents, or patent term extensions.
Conclusion
WO2004080383 exemplifies a typical pharmaceutical patent application aimed at securing broad rights over a novel chemical entity or use. Its claims likely encompass extensive chemical variants and therapeutic methods, positioning the applicant strongly within its targeted therapeutic niche.
The patent landscape surrounding the application reflects evolving competition and innovation in the chemical and pharmaceutical sectors. Its strategic importance depends on patent quality, geographic coverage, and the strength of its claims vis-à-vis prior art.
Key Takeaways
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WO2004080383 potentially covers a broad chemical class with specific therapeutic uses, providing a significant competitive advantage if granted.
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The scope and strength of its claims are critical, balancing broad protection and defensibility against prior art challenges.
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The patent landscape is complex, with the application serving as a foundational patent within a broader portfolio of related patents and applications.
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For companies navigating this landscape, conducting thorough FTO analyses and monitoring subsequent filings are essential to mitigate infringement risks and maximize valuation.
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Effective national phase prosecution and strategic claim drafting are vital to leveraging this patent’s full commercial potential.
FAQs
Q1: What kind of chemical compounds does WO2004080383 likely cover?
A: It probably claims a novel chemical structure, with specific substituents or stereochemistry, designed for therapeutic purposes. The exact scope depends on the detailed structural claims, which are typically centered around a core scaffold with variable groups.
Q2: How does this patent influence the drug development process?
A: It can serve as a secure intellectual property foundation, enabling exclusive rights to develop, manufacture, and commercialize drugs based on the patented compounds or methods—thus impacting competitiveness and licensing opportunities.
Q3: Can this patent be challenged in court?
A: Yes. Challenges may include assertions of lack of novelty or inventive step, particularly if prior art references demonstrate similar compounds or uses. The strength of claims and prosecution history influence defensibility.
Q4: How does the patent landscape affect generic drug entry?
A: If WO2004080383 is granted and maintained, it may delay generic versions, as generics must navigate around or license the patent. However, patent expiry or successful invalidation can open pathways for generics.
Q5: What strategic considerations should companies observe regarding WO2004080383?
A: They should assess the patent's claims scope, monitor related patent filings, and develop workarounds or licensing strategies accordingly to secure market position and avoid infringement.
References
- [1] World Intellectual Property Organization, WO2004080383.
- [2] Relevant patent classification and prior art analysis, available via patent databases.
- [3] Patent landscape reports on pharmaceutical patents published around 2003-2004.
Note: Specific claims and detailed structural information should be retrieved from the official patent document for legal precision.
