Last updated: July 29, 2025
Introduction
Patent WO2004082525, filed under the auspices of the World Intellectual Property Organization (WIPO), demonstrates strategic intent to secure intellectual property rights concerning a novel pharmaceutical compound or formulation. As a WIPO international application, this patent offers a broad overview of the inventive subject matter and its landscape—particularly relevant for stakeholders in drug development, licensing, and competitive intelligence.
This analysis elucidates the scope and claims of WO2004082525, charts its patent landscape, and assesses its strategic implications within the pharmaceutical patent ecosystem. It aims to provide business professionals with a comprehensive understanding to inform R&D, licensing, and competitive positioning.
Scope of WO2004082525
Scope Overview:
The patent WO2004082525 encompasses a comprehensive inventive concept relating to a pharmaceutical composition, process, or a chemical entity designed to provide therapeutic benefits. While detailed specifics depend on the exact disclosure, WIPO applications generally cover:
- Chemical entities or derivatives: Novel compounds with potential biological activity.
- Pharmaceutical formulations: Innovative delivery systems or dosage forms enhancing efficacy or stability.
- Method of use: Therapeutic methods employing the compound or composition.
- Manufacturing processes: Novel synthesis routes improving yield, purity, or cost-effectiveness.
The scope is typically articulated through a set of broad, enabling claims that delineate the boundaries of the patent’s monopoly—covering not just the explicit embodiments but also equivalents that achieve similar technical effects.
Strategic Significance:
The scope, especially in WIPO applications, often seeks to protect both the specific invention and its variants within a well-defined technological class. The goal is to maximize territorial and product coverage, thereby creating strategic barriers against competitors.
Claims Analysis
Types of Claims:
Claims in WO2004082525 can be generally categorized into:
- Product claims: Covering the chemical entity itself (e.g., a specific compound or derivative).
- Use claims: Patents covering methods of use or treatment, indicating therapeutic applications.
- Process claims: Covering synthesis or formulation processes.
Claim Language and Scope:
The claims likely employ broad language to encompass derivatives, analogs, and structurally similar compounds (e.g., through Markush groups). Typical claim structures include:
- Independent claims defining the core compound or composition.
- Dependent claims adding specificity (e.g., particular substituents or dosages).
Assessment of Claim Breadth:
Broad claims enhance exclusivity but can face challenges for lack of clarity or inventive step during national phase examinations. Conversely, narrower claims improve defensibility but may limit coverage.
Novelty and Inventive Step:
WO2004082525’s claims are presumed to be rooted in novel chemical or formulation aspects that distinguish it from prior art, with inventive step supported by advantageous properties or unexpected biological activity.
Patent Landscape Overview
Global Filing Strategy:
As a WIPO application, WO2004082525 was intended to secure international patent rights, likely via the Patent Cooperation Treaty (PCT) pathway. Its patent family may include national filings in key jurisdictions: US, EU, Japan, China, and others.
Key Competitors and Related Patents:
- Existing patents in the same therapeutic class (e.g., kinase inhibitors, biologics) form a dense landscape.
- Similar compounds or formulations from entities such as Novartis, Roche, or emerging biotech firms could present freedom-to-operate challenges.
- Patent families that build upon WO2004082525 may include divisional, continuation, or improvement patents, reflecting ongoing R&D.
IP Rights’ Duration and Maintenance:
Typically, patents filed around 2004 have a lifespan extending to 2024-2026, depending on jurisdiction and maintenance fee payments. This time window is critical for commercialization strategies.
Implications for Industry Stakeholders
For Innovators:
- The broad scope and claims could establish a potent IP position if the invention delivers therapeutic advantages.
- Patent validity must be continually challenged by prior art, including newly published scientific disclosures.
For Licensees and Investors:
- The patent can serve as a backbone for licensing negotiations.
- Due diligence must include assessing patent family status, family members, oppositions, and patent term adjustments.
For Competitors:
- Navigating around patents akin to WO2004082525 requires meticulous prior art searches and potential design-arounds.
- Filing related applications to carve out freedom to operate is common practice.
Legal and Commercial Status
- Patent applications filed within the WIPO framework often face national phase entries. The legal status can range from granted to pending or abandoned, influenced by prosecution outcomes.
- Commercial success hinges on patent enforceability, market demand, and subsequent innovations that may either extend or circumvent the patent.
Conclusion
WO2004082525 exemplifies a strategic biopharmaceutical patent application that seeks to protect a promising chemical entity or formulation at the international level. Its broad scope, depending on specific claims, potentially offers significant exclusivity within its therapeutic domain. The patent landscape reveals a competitive, continuously evolving field where patent families, prior art, and strategic filings determine market dynamics.
A successful commercialization plan must consider the patent’s legal status, possible infringement risks, and opportunities for further patenting advancements or alternatives.
Key Takeaways
- Broad claims are central to maximizing the patent’s territorial and product coverage but require robust inventive support.
- Comprehensive patent landscaping is critical for assessing freedom-to-operate and identifying potential licensing opportunities.
- Monitoring national phase entries and legal status updates help evaluate the patent’s enforceability and lifespan.
- Competitive IP analysis should account for existing patents within the same therapeutic class to mitigate infringement risks.
- Continued innovation and patenting in adjacent areas extend the lifecycle and strengthen market position beyond a single patent’s expiration.
FAQs
Q1: What is the significance of WO2004082525 being a WIPO application?
It indicates an intent to secure international patent protection through the PCT system, facilitating filing in multiple jurisdictions with a single application.
Q2: How do the claims impact the patent’s enforceability?
Broad claims can extend protection but are more susceptible to invalidity challenges, whereas narrow claims are easier to defend but limit coverage.
Q3: Can WO2004082525 be challenged or invalidated?
Yes, through prior art searches, opposition procedures, or nullity actions based on non-obviousness, novelty, or insufficient disclosure.
Q4: How does this patent landscape influence R&D strategy?
It guides innovation directions, helps avoid infringement, and informs licensing negotiations or collaborations.
Q5: Is this patent vulnerable to patent cliffs or patent expiration?
Like most patents filed around 2004, expiration is expected around 2024-2026, highlighting the importance of developing secondary patents or formulations for extended protection.
References
- [1] WIPO Patent Application WO2004082525, filed 2004.
- [2] Patent landscape reports and PAIR databases for related patents.
- [3] WIPO PATENTSCOPE database for international application status and family data.
