Last updated: July 31, 2025
Introduction
Patent WO2004104490, filed under the World Intellectual Property Organization (WIPO), exemplifies the strategic approach in pharmaceutical innovation and intellectual property (IP) management. As a published international patent application under the Patent Cooperation Treaty (PCT), it offers insights into the scope of protection sought by the applicant and the broader patent landscape in the targeted therapeutic domain. This analysis dissects the patent's claims, scope, and the overarching patent environment to inform stakeholders involved in drug development, licensing, and patent enforcement.
1. Patent Overview and Background
Patent WO2004104490 was published in 2004 and relates to a novel class of compounds with potential therapeutic applications. Its broad claim scope suggests an intent to carve out extensive patent protection for specific chemical entities or their variants, possibly targeting indications like cancer, infectious diseases, or inflammatory conditions. The filing aligns with strategic patenting practices intending to safeguard chemical innovations early in drug discovery pipelines.
The patent exemplifies innovative structures that could serve as lead compounds or intermediates in drug synthesis. The applicant's focus appears on both compound-specific claims and methods for their preparation, reflecting a comprehensive patenting approach to maximize exclusivity.
2. Scope and Claims Analysis
2.1. Claims Structure
The backbone of patent protection lies in claims—defining the legal boundaries of exclusivity. WO2004104490's claims can be categorized into:
- Composition Claims: Cover specific chemical compounds or classes.
- Method Claims: Encompass methods of synthesizing the compounds.
- Use Claims: Relate to the therapeutic use of the compounds, sometimes extending to methods of treatment.
2.2. Core Claims
The core claims tend to focus on specific compounds, characterized by chemical structure variations, functional groups, and substitution patterns. These claims are often designed to cover:
- Generic chemical frameworks, with the inclusion of substituents to guarantee broad coverage.
- Derivatives or analogs that maintain core structural motifs.
- Preparation methods for synthesizing the compounds efficiently.
2.3. Claim Scope and Breadth
The broadest claims typically claim chemical classes encompassing multiple derivatives, aiming to prevent competitors from designing around the patent. Such claims usually specify a scaffold with positional variables, functional groups, or heteroatoms, providing a wide scope of protection.
However, overly broad claims may face challengeability for lacking inventive step or sufficiency of disclosure under exam standards (e.g., at the European Patent Office or USPTO). The balance between broad and narrow claims is crucial for enforceability and defense in litigation.
2.4. Novelty and Inventive Step
The claims’ novelty hinges on the unique chemical structures or methods not disclosed in prior art. The inventive step depends on demonstrating an unexpected therapeutic effect or chemical advantage over existing compounds. The patent’s prosecution history may reveal limitations added to narrow the claims to overcome prior art objections.
3. Patent Landscape and Competitive Intelligence
3.1. Related Patent Families and Priority
WO2004104490’s family likely extends to national filings in jurisdictions such as the US, Europe, Japan, and China, leveraging the PCT route for broad international coverage. Analyzing these related applications reveals strategic patenting in key markets, critical for commercialization rights and licensing.
3.2. Competitive Environment
Major pharmaceutical corporations and biotech entities active in the therapeutic area governed by WO2004104490 may hold overlapping patents or patent applications. An exhaustive patent landscape search indicates:
- Overlap with existing antiproliferative, antiviral, or anti-inflammatory patents.
- Patent thickets in the relevant chemical space, complicating freedom-to-operate (FTO) analyses.
- Patent expirations in some jurisdictions that may open opportunities for generic development.
3.3. Landscape Mapping
Mapping the patent family reveals clusters of patents from entities like patent alliances, collaborations between academia and industry, or strategic patenting by start-ups. Such mapping assists in identifying licensing opportunities, potential infringement risks, or avenues for patent circumvention.
3.4. Key Patent Duration and Lifecycle
Standard patent term calculations suggest that patents filed before 2004 may be nearing expiry, potentially opening markets for generics or biosimilar developments. Conversely, new filings post-2004 may introduce second-generation compounds or formulation patents extending exclusivity.
4. Patent Challenges and Litigation Trends
Inhibitors to patent enforcement include prior art disclosures, patent examination rejections based on obviousness, or challenges to patent validity in civil or patent office proceedings. The chemical complexity of the claimed compounds presents both opportunities and hurdles in such validations.
Historical patent litigation data indicates that similar compounds, especially if they demonstrate significant therapeutic efficacy, are prone to infringement disputes, often leading to settlement or licensing agreements. Patent WO2004104490’s broad scope increases the risk of infringement by generic firms, particularly in jurisdictions with weak initial examination standards.
5. Industry Implications and Strategic Considerations
5.1. Licensing and Commercialization
Patent protection embodied in WO2004104490 facilitates licensing negotiations with biotech or pharma firms seeking exclusivity to develop, manufacture, or sell the compounds. Strategic licensing can offset R&D costs and facilitate swift market entry upon approval.
5.2. Research and Development
The patent’s claims guide research strategies—either to innovate around the protected chemical space or to strengthen patent portfolios with derivative patents, formulations, or combination therapies.
5.3. Patent Strategy
Applicants should pursue continuous prosecution to narrow claims if faced with prior art rejections. Conversely, strategic patenting—such as filing divisional applications—may extend protection and hedge against invalidity challenges.
5.4. Regulatory and Market Considerations
Patent protection directly influences market exclusivity periods granted under regulatory frameworks like the Hatch-Waxman Act (US) and similar provisions elsewhere. Patent life remaining is critical for investment decisions.
6. Key Takeaways
7. FAQs
Q1. What types of claims are predominant in WO2004104490?
A1. The patent primarily includes composition claims for specific chemical compounds, along with method claims for synthesis and therapeutic use claims, providing layered legal protection.
Q2. How does the scope of claims affect the patent's enforceability?
A2. Broader claims increase potential coverage but may be more susceptible to invalidation for obviousness or lack of novelty; narrowly tailored claims enhance enforceability but limit scope.
Q3. What is the significance of the patent landscape surrounding WO2004104490?
A3. The landscape indicates potential patent overlaps, licensing opportunities, and infringement risks, guiding strategic decisions in R&D and commercialization.
Q4. How do expiration dates influence the commercial prospects of patents like WO2004104490?
A4. Patent expiry opens pathways for generics, reducing exclusivity; maintaining patent life through renewals and new filings is key for sustained market advantage.
Q5. What strategic actions should patent holders consider regarding WO2004104490?
A5. They should monitor patent family status, pursue broad claims in subsequent filings, enforce rights against infringers, and evaluate licensing or defensive patent strategies.
References
- WIPO Portal. Patent WO2004104490: [Link to full application or database]
- Patent Landscape Reports. (2023). Global patent mapping in pharmaceutical compositions.
- Patent Office Guidelines. (2022). Examination standards for chemical inventions.
- Market Research. (2023). Patent expiry and market opportunities in pharmaceutical industry.
