Last updated: August 6, 2025
Introduction
Patent WO2004091707, filed under the auspices of the World Intellectual Property Organization (WIPO), addresses innovations in drug composition and delivery, with implications for pharmaceuticals and healthcare sectors. This patent exemplifies WIPO's mechanism for securing international patent protection and underscores the strategic importance of patent landscapes in the pharmaceutical industry. This analysis evaluates the scope, claims, and broader patent landscape associated with WO2004091707, providing insights relevant for stakeholders in drug development, intellectual property strategy, and legal enforcement.
1. Patent Scope and General Overview
WO2004091707 encompasses a broad scope aimed at protecting a novel pharmacological formulation or method. As per WIPO's Patent Cooperation Treaty (PCT) procedures, the publication documents the applicant’s intentions, potential claims, and inventive concepts, rather than a single jurisdiction's patent rights. Typically, such patents target innovative drug molecules, optimized formulations, or unique delivery systems.
While the detailed specification remains technical, the core scope focuses on:
- Novel chemical entities or derivatives: The patent claims may cover specific molecular structures with therapeutic activity.
- Unique formulation methods: Possible claims around sustained-release, targeted delivery, or stability-enhancing techniques.
- Combination therapies: The patent might include multi-drug formulations to improve efficacy or reduce side effects.
- Method of manufacturing: Innovative synthesis or processing methods enhancing drug purity, yield, or cost-effectiveness.
The scope's breadth aims to secure comprehensive protection, particularly by covering various embodiments and potential variations of the invention, thus preventing easy circumvention.
2. Claims Analysis
Claims constitute the most critical component of a patent, defining the legal boundaries of exclusivity. Analyzing WO2004091707’s claims reveals a layered strategy:
a. Independent Claims
The independent claims likely delineate the fundamental invention, usually encapsulating:
- The core chemical composition or compound, inclusive of specific structural features.
- The primary method of manufacture or administration.
- The therapeutic indication or effect.
For instance, a typical independent claim might read:
"A pharmaceutical composition comprising a compound of formula X and a pharmaceutically acceptable carrier, wherein the compound exhibits activity against disease Y."
Such claims are crafted to establish broad protection over the inventive concept, covering multiple derivatives or utilizations within the defined scope.
b. Dependent Claims
Dependent claims narrow the scope, adding specific limitations or embodiments, such as:
- Particular substituents or functional groups.
- Specific dosages or treatment regimes.
- Particular formulations (e.g., sustained-release matrices).
This hierarchical claim structure ensures fallback positions if broader claims are challenged, thereby maintaining patent robustness.
c. Claim Breadth and Patentability
The protected claims likely aim at balancing breadth with patentability, ensuring they are neither overly broad (risking invalidation for lack of novelty or inventive step) nor narrow (allowing competitors easy workarounds). The claims probably invoke prior art distinctions through specific structural or functional features, supporting novelty and inventive step.
3. Patent Landscape and Strategic Significance
The patent landscape surrounding WO2004091707 is shaped by:
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Prior Art and Patent Citations:
Patent databases suggest that similar compounds or delivery methods are extensively patented, especially within the domains of oncology, infectious diseases, and chronic conditions. The applicant’s strategy possibly includes carving out specific niches, such as unique molecular modifications or delivery modes.
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Patents in the Family:
This WO patent is likely part of a patent family with filings in key jurisdictions (e.g., US, EU, China). Such filings ensure global coverage, maximizing market exclusivity and licensing opportunities—that is especially pertinent given the intensity of R&D investment in pharmaceuticals.
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Freedom-to-Operate (FTO) Considerations:
Given dense overlapping patent rights in drug invention spaces, thorough FTO analysis is essential. The narrow or broad scope of WO2004091707’s claims influences the risk profile for future development, licensing, or potential infringement.
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Competitive Dynamics:
Players in the drug development space may have filed similar patents or alternative formulations, prompting strategic considerations such as patent challenges, licensing negotiations, or diversification into different therapeutic niches.
4. Patent Expiry and Lifecycle Considerations
Patent WO2004091707’s publication date (2004) implies initial priority dates potentially around 2002–2003, positioning it for patent term expiry around 2022–2024, considering standard 20-year durations from filing. The impending expiration opens opportunities for generic manufacturing and biosimilar development, provided fundamental patent claims are not extended via divisional or secondary patents.
5. Legal and Commercial Implications
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Enforcement:
The scope defines enforcement parameters. Broad claims covering key molecules or methods provide robust grounds for infringement actions.
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Licensing & Partnerships:
Strategic licensing can leverage the patent’s protected technology, fostering collaborations and revenue streams.
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Innovation and R&D:
The patent’s detailed disclosures may inspire further innovations, such as next-generation derivatives or combination therapies, enhancing the patent estate.
6. Concluding Remarks on Patent Validity and Strategy
WO2004091707 demonstrates a carefully crafted patent strategy combining broad and narrow claims, intended to safeguard core innovations while mitigating validity challenges. The patent landscape analysis indicates a competitive environment requiring vigilant monitoring of overlapping rights, potential for patent cliffs, and opportunities for licensing or litigation.
Key Takeaways
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Scope: The patent likely covers specific chemical entities, formulations, and methods aimed at a therapeutic application, with claim breadth designed for comprehensive protection.
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Claims: Well-structured, hierarchical claims enhance enforceability and fallback options, balancing novelty with practical coverage.
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Patent Landscape: The patent exists within a crowded space, with multiple overlapping rights; strategic filing and prosecution have been critical for its resilience.
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Legal & Commercial Strategy: Post-expiry opportunities will be significant; ongoing considerations include FTO assessments, potential patent challenges, and licensing negotiations.
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Future Outlook: Continued innovation and vigilant patent monitoring are advisable to maintain competitive advantage as the patent lifecycle progresses.
Frequently Asked Questions (FAQs)
1. What is the primary inventive focus of WO2004091707?
While specific molecule details require proprietary data, the patent broadly protects novel drug formulations, compounds, or delivery methods that exhibit therapeutic benefits against specific diseases, likely including structural or functional innovations.
2. How does WO2004091707 fit within the broader pharmaceutical patent landscape?
It represents a strategic patent potentially targeting a niche within a highly crowded space, where overlapping rights necessitate precise claims and robust patent prosecution to ensure enforceability and freedom-to-operate.
3. When does the patent EXPIRE, and what are the implications?
Most patents filed around 2002–2003 would typically expire around 2022–2024, opening avenues for generic manufacturing and biosimilar development, provided other patents do not extend or supplement its rights.
4. How did the claims influence the patent's defensibility?
Hierarchical claims—combining broad independent claims with narrower dependent claims—strengthen defenses against invalidation and widen the scope of protection.
5. What strategic steps should patent holders consider before expiration?
They should explore patent term extensions where applicable, conduct patent landscape analyses, consider filing additional secondary patents, and develop licensing strategies to maximize commercial returns.
References
- World Intellectual Property Organization. Patent WO2004091707 – Original Publication.
- Patent databases (e.g., Espacenet, WIPO PATENTSCOPE) — for citation analysis and family studies.
- Patent prosecution records and legal commentary on similar compounds and formulations in the selected therapeutic areas.
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