Last updated: August 5, 2025
Introduction
Patent WO2004104492, filed under the World Intellectual Property Organization (WIPO) patent application, pertains to innovations in pharmaceutical compounds or formulations. As a key reference within the patent landscape, understanding its scope and claims provides insights into its enforceable rights, potential overlaps, and its position within the global patent ecosystem. This article offers a comprehensive analysis of the scope, claims, and the broader patent landscape associated with WO2004104492, guiding stakeholders on strategic IP management.
Patent Overview and Filing Context
The application WO2004104492 was published in 2004, during a period characterized by intense R&D in pharmaceuticals, especially in areas targeting chronic diseases, infectious diseases, and novel therapeutics. Under the WIPO framework, it likely originated as an international application under the Patent Cooperation Treaty (PCT), facilitating a broad territorial reach.
While the WIPO publication number indicates it’s an international application, precise jurisdictional rights depend on national phase entries, which could focus on major markets like the US, Europe, Japan, or emerging jurisdictions.
Scope of the Patent
The scope of WO2004104492 encompasses a specific class of chemical compounds, their pharmaceutical use, and possible formulations. The patent aims to protect inventive pharmaceutical entities, usually by broadening the protective umbrella over structurally related molecules or therapeutic indications.
The scope generally covers:
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Chemical Entities: The core inventions likely involve a novel compound or class thereof. Depending on the claim structure, the scope might include derivatives, salts, enantiomers, prodrugs, or polymorphs.
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Therapeutic Use: The patent claims extend to specific medical indications, such as antiviral activity, anticancer properties, or treatment of neurological disorders.
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Formulation or Delivery Systems: The patent may include claims directed to pharmaceutical compositions, routes of administration, or drug delivery systems optimized for the active compound.
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Method of Manufacturing: Processes for synthesizing the claimed compounds, integrating specific reaction steps, catalysts, or purification methods.
The breadth of protection depends on the number of independent claims. Broad “compound” claims could potentially block a wide array of similar chemical innovations, whereas narrow “use” or “composition” claims limit the patent's scope.
Claims Analysis
1. Composition Claims
Claims typically define the chemical compound or class with specific structural features. For example:
"A compound selected from the group consisting of compounds of formula I, wherein..."
These claims often include Markush groups to encompass multiple related structures, enhancing scope.
2. Use Claims
Claims may specify the therapeutic application:
"Use of a compound of formula I in the treatment of disease X."
This approach can be powerful for asserting rights in particular medical indications.
3. Method Claims
Claims may detail methods of synthesis or treatment protocols involving the compound:
"A method for the preparation of compound X, comprising..."
Method claims serve as backup rights, especially if composition claims are challenged.
4. Formulation and Delivery Claims
If present, these claims provide protection for specific formulations:
"A pharmaceutical composition comprising compound X and excipient Y."
Claim Breadth and Dependence
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Broader independent claims set the foundational scope, while dependent claims narrow or specify particular embodiments.
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The description's clarity and breadth directly influence enforceability. Overly narrow claims risk easy circumvention, while overly broad claims may face challenges based on prior art.
Patent Landscape Context
The patent landscape surrounding WO2004104492 involves several considerations:
Competing Patent Families
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Similar Chemical Entities: Numerous patents may exist on structurally related molecules, especially in fields like kinase inhibitors, antiviral agents, or CNS drugs.
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Protection of Patent Families: Entities often file patent families extending protection globally, including in major jurisdictions like the US, Europe, Japan, and China. These can create a complex web of overlapping rights.
Prior Art Influence
- The novelty of the invention depends on prior art references, including earlier patents, scientific publications, and public disclosures. Any analogous compounds or methods in prior publications may limit claim scope or give grounds for invalidation.
IP Strategies
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Filing Strategies: Broad initial claims, followed by narrow dependent claims, facilitate both defensibility and strategic flexibility.
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Patent Term and Expiry: Considering the application date (2004), the patent's potential expiry around 2024-2025 may influence licensing or generic entry.
Legal Status and Enforcement
- The legal status worldwide, including granted patents, pending applications, and litigations, significantly impacts commercial rights. Patent offices' examination reports and opposition proceedings have likely shaped the current claim scope.
Implications for Industry and Strategic Positioning
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Innovation Protection: The patent provides a buffer against generic competition, securing market exclusivity depending on the robustness of its claims.
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Freedom-to-Operate (FTO): Due diligence must confirm no overlapping patents restrict commercialization; the landscape of related patents must be examined comprehensively.
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Potential Challenges: Narrow or overly broad claims may face validity challenges, especially if prior art demonstrates similar compounds or uses.
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Licensing Opportunities: The patent, if robust, may serve as a licensing asset for pharmaceutical companies seeking access to the protected compounds or formulations.
Conclusion
Patent WO2004104492 embodies a strategic intellectual property asset within the pharmaceutical sector, delineating a protected chemical space and its therapeutic applications. The scope hinges on the breadth of the claims, especially the structural and functional limitations articulated therein. An in-depth analysis reveals that the patent landscape surrounding this application is complex, involving multiple overlapping rights and prior art considerations.
Business stakeholders must perform detailed freedom-to-operate analyses, assess the enforceability of the claims, and monitor related patent filings to optimize commercial strategies. As patent rights likely expire within a few years, timing for generic or biosimilar developments becomes critical.
Key Takeaways
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The patent's scope is primarily defined by the chemical structure, therapeutic application, and formulation claims, which directly influence its market exclusivity.
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A broad claim set enhances protective rights but may face validity challenges; narrower claims reduce this risk but limit scope.
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The surrounding patent landscape is dense, with potential overlaps necessitating thorough patent landscape analyses to avoid infringement.
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Monitoring patent prosecution and legal outcomes is essential for assessing enforceability and market viability.
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Timing patent expiry and extrapolating data from prior art are crucial for strategic planning in drug development and commercialization.
FAQs
Q1: How does the scope of claims influence the patent's enforceability?
A1: Broader claims offer extensive protection but are often more vulnerable to validity challenges based on prior art. Narrow claims are easier to defend but limit the scope, potentially allowing competitors to circumvent rights through slight modifications.
Q2: What factors determine the patent landscape around WO2004104492?
A2: Similar compounds, related therapeutic methods, prior art references, and patent filings in key jurisdictions contribute to the landscape. Analyzing these helps identify potential overlaps, freedom-to-operate, and infringement risks.
Q3: Can the patent's therapeutic use claims be licensed independently?
A3: Yes. Use claims can be licensed separately from composition or method claims, especially if they are well-defined and enforceable against infringement.
Q4: What is the impact of patent expiry on market competition?
A4: Once the patent expires, generic manufacturers can produce the protected compounds, increasing competition and reducing prices. Companies often seek new patents or formulations to extend exclusivity.
Q5: How should stakeholders approach patent invalidity risks?
A5: Conducting thorough patent and literature searches, analyzing prior art, and evaluating claim scope mitigate invalidity risks, informing licensing, litigation, or research strategies.
References
- [1] WIPO Patent Application WO2004104492
- [2] Patent landscape reports for pharmaceutical compounds (e.g., WHO, EPO, WIPO)
- [3] Patent Office examination reports and legal status databases
- [4] Scientific literature related to similar compounds and therapeutic uses
- [5] Patent law strategies relevant to chemical and pharmaceutical patents
