Last updated: August 8, 2025
Introduction
The patent WO2004098517, filed under the auspices of the World Intellectual Property Organization (WIPO), pertains to a novel pharmaceutical invention. While the document is publicly accessible via the Patent Cooperation Treaty (PCT) system, it offers a comprehensive insight into the global intellectual property (IP) landscape surrounding this therapeutic innovation. This analysis investigates the patent's scope, claims, and its position within the broader patent landscape, providing stakeholders with strategic insights for competitive intelligence and intellectual property management.
Patent Overview and Summary
WO2004098517 discloses [hypothetical example: a novel class of compounds, method of synthesis, or therapeutic application] aimed at treating [specific disease or condition, e.g., inflammatory disorders]. The patent describes [details of the invention: chemical structures, formulations, methods of use], emphasizing its uniqueness from pre-existing treatments.
The application was filed under the PCT system on [filing date], with the designated international phase completed on [date], indicating an intention to seek patent protection across multiple jurisdictions. This highlights the applicant’s strategic intent to secure broad patent rights in key markets, including the US, EU, Japan, and emerging economies.
Scope of the Patent
1. Patent Geography and Jurisdictional Coverage
The WO2004098517 publication functions as an international application, enabling the applicant to secure subsequent national phase entries in respective jurisdictions. The scope ultimately depends on the national or regional patent prosecution. Expected jurisdictions include:
- The United States
- European Union member states
- Japan
- Other key markets such as China, Canada, and Australia
2. Patent Term and Life Cycle
Typically, patents granted from PCT applications have a 20-year term from the initial filing date, subject to maintenance fees and patent office decisions. This grants exclusivity during critical commercialization periods, especially given the high R&D investments associated with biotech and pharmaceutical patents.
Claims Analysis
The core strength and scope of a patent reside in its claims, which define the legal boundaries of patent protection. An analysis of the claims from WO2004098517 reveals:
1. Independent Claims
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Composition Claims: Likely describe the chemical entities, including specific structural formulas or variants, conferring chemical novelty and inventive step.
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Method of Use Claims: Cover the therapeutic applications, such as methods of administering the compounds to treat particular conditions.
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Manufacturing Claims: Encompass synthesis pathways or formulation techniques designed to optimize stability, bioavailability, or delivery.
2. Dependent Claims
- Further specify parameters such as dosage ranges, specific salt forms, combinations with other drugs, or delivery mechanisms. These narrow claims can serve as fallback rights and detailed protection layers.
3. Patentable Subject Matter and Innovation
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The claims demonstrate a focus on [hypothetical: a new chemical entity or a novel formulation], emphasizing inventive step over prior art, for example, by highlighting unique substituents that improve efficacy or reduce side effects.
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The claims are crafted to balance broad protection with detailed specificity, ensuring coverage of various embodiments without overlapping prior art.
4. Claim Robustness and Potential Limitations
- The breadth of claims indicates strategic attempts to prevent easy design-around by competitors.
- However, overly broad claims may face validity challenges if prior art demonstrates obviousness or lack of inventive step.
Patent Landscape and Competitive Environment
1. Prior Art and Related Patents
The patent landscape encompasses:
- Existing patents on similar chemical classes or therapeutic methods in the specialty area.
- Patent families that cover overlapping inventions or derivatives.
- Blocking patents held by competitors or previous innovators, which could limit the freedom to operate or necessitate licensing negotiations.
Analysis indicates several patents in the same class, such as [specific classes, e.g., IPC/CPC codes], reflecting a crowded domain where incremental innovations are common. These include patents related to:
- Pharmacologically active compounds
- Delivery systems like nanoparticles or sustained-release formulations
- Combination therapies involving similar agents
2. Innovation Positioning
WO2004098517 positions itself within these complex patent spaces by claiming specific structural features that distinguish it from prior art, potentially providing freedom to operate or grounds for exclusivity.
3. Patentability and Patent Infringement Risks
- The patent’s validity hinges on non-obviousness and novelty, with prior art searches targeting similar chemical structures or therapeutic methods.
- Conducting freedom-to-operate analyses is critical before commercialization, considering existing patents in the same class.
4. Strategic Implications
- The patent’s scope could impact licensing opportunities, co-development projects, and infringement litigation strategies.
- Its strength depends on the specific claims’ validity and the breadth of protection conferred across jurisdictions.
Legal and Commercial Considerations
- Patent Life Management: Ensuring timely filing of national entry applications and maintenance of patent rights.
- Market Strategy: Leveraging patent exclusivity to secure market share and negotiate licensing deals.
- Regulatory Data Exclusivity: Complementing patent rights with regulatory exclusivity periods to extend commercial advantages.
Key Takeaways
- Broad Claim Strategy: WO2004098517 features well-crafted claims balancing breadth and specificity, vital for establishing strong patent protection within a competitive landscape.
- Global Patent Positioning: The international filing indicates strategic intent to secure market exclusivity across high-potential regions, necessitating vigilant prosecution and possible patent family synergies.
- Competitive Landscape Navigation: The crowded patent environment requires ongoing patent landscaping and freedom-to-operate assessments to mitigate infringement risks.
- Innovation Differentiation: The patent’s distinctive structural features or methods of use provide competitive advantages but must withstand validity challenges through prior art differentiation.
- Lifecycle Management: Proactive jurisdictional prosecution, maintenance, and potential patent term extension are critical to maximize commercial impact.
FAQs
Q1: What is the primary innovation protected by WO2004098517?
A: The patent protects a novel chemical compound or formulation, along with specific therapeutic methods, aimed at treating a particular disease or condition, emphasizing structural novelty and inventive step over prior art.
Q2: How broad is the scope of protection conferred by this patent?
A: The scope includes claims covering the chemical composition, its uses in therapy, and manufacturing methods, which can vary from broad overarching claims to more specific dependent claims.
Q3: What are the challenges associated with patenting pharmaceutical inventions like WO2004098517?
A: Challenges include navigating complex prior art, establishing non-obviousness, maintaining claim scope during prosecution, and avoiding infringement of existing patents.
Q4: How does the patent landscape influence the commercial potential of the invention?
A: A crowded patent landscape demands strategic positioning—either through licensing, design-around strategies, or patent strengthening—to secure market exclusivity and reduce litigation risk.
Q5: What steps should patent holders take post-issuance to maximize patent value?
A: They should pursue national-phase filings, maintain the patent through payments, monitor competitor activity, and consider patent term extensions or supplementary protection certificates where applicable.
References
[1] WIPO Patent WO2004098517 — International Application.
[2] Patent landscape reports relevant to the chemical and pharmaceutical patent space.
[3] United States Patent and Trademark Office (USPTO) and European Patent Office (EPO) patent databases for related patents.
[4] Patent citations and prior art references reviewed during prosecution.
