Last updated: September 15, 2025
Introduction
Patent WO2005049061, filed under the auspices of the World Intellectual Property Organization (WIPO), encompasses a significant invention with implications for pharmaceutical development. This analysis aims to provide an in-depth examination of the patent's scope, claims, and its position within the broader patent landscape, offering insights critical for stakeholders involved in drug development, licensing, or litigation.
Overview of Patent WO2005049061
Patent WO2005049061 pertains to a novel pharmaceutical composition or method, potentially involving a new compound, formulation, or therapeutic application. WIPO filings typically denote international priority through the Patent Cooperation Treaty (PCT), enabling protection across multiple jurisdictions. The patent’s bibliographic data, including its application number, priority dates, and assignee, lend context to its strategic importance.
Document Bibliography
- Application number: WO2005049061
- Filing date: likely around 2004 (based on the publication code)
- Priority date: critical for establishing novelty and inventive step
- Assignee: varies; may be a corporate entity or research institution
- Inventors: disclosed within the patent document
Scope of the Patent
The scope defines the breadth of legal protection conferred by the patent claims. A comprehensive understanding hinges on analyzing the claims section, which delineates the invention's boundaries.
Key Aspects
- Type of invention: Likely involves a specific chemical compound, class of compounds, or a therapeutic method.
- Subject matter: Could concern an active pharmaceutical ingredient (API), formulation procedures, delivery systems, or therapeutic uses.
Claim Types
- Independent Claims: Establish the core of the invention; typically, these are broad, covering the novel compound or method.
- Dependent Claims: Narrower claims that add specific limitations or embodiments.
Scope Determination
Given the typical structure, claim language such as "A pharmaceutical composition comprising..." or "A method of treating..." indicates whether the claims are composition- or method-centric.
- Broad Claims: Cover a wide range of compounds or applications; more valuable but easier to challenge.
- Narrow Claims: Provide specific protection; harder to invalidate but less expansive.
An examination of wording—using terms like "comprising," "consisting of," or "may include"—further refines scope. "Comprising" indicates open-ended claims, offering broader protection.
Claims Analysis
Sample Independent Claim (Hypothetical)
"A pharmaceutical composition comprising a compound of formula I, wherein the compound exhibits activity against disease X."
Assessment:
- Structural scope: Is the claim limited to a particular chemical structure or includes functional equivalents?
- Therapeutic scope: Does it specify a particular disease or therapeutic indication?
- Formulation scope: Does it encompass specific formulations, dosages, or delivery routes?
Potential Claim Strategies
- Broad Structural Claims: To protect a wide class of compounds, possibly covering future derivatives.
- Use Claims: Focused on the method of treatment, potentially offering extended protection.
- Combination Claims: Covering compositions with other compounds for synergistic effects.
Claim Vulnerabilities and Strengths
- Vulnerability: Overly broad claims risk invalidation based on prior art.
- Strength: Well-structured, specific claims bolster enforceability defensibly.
Patent Landscape
The patent landscape surrounding WO2005049061 involves assessing prior art, similar inventions, and subsequent filings.
Prior Art and Novelty
Given the date, prior art references may include:
- Earlier patents or publications disclosing similar compounds or methods.
- Scientific literature describing similar therapeutic targets.
Novelty hinges on whether the claimed compounds or methods are sufficiently distinct from existing knowledge at the filing date.
Inventive Step (Non-obviousness)
- Demonstrated if the claimed invention involves an unexpected technical effect or a non-obvious combination.
- For example, if the compound exhibits superior efficacy or reduced side effects, this enhances inventive step credence.
Freedom-to-Operate (FTO) Considerations
- Syntheses, formulations, or uses similar to WO2005049061 could be patented elsewhere.
- Overlapping claims in other jurisdictions may hinder commercial activities.
Patent Families and Subsequent Patents
- The filing seems part of a patent family aimed at international protection.
- Subsequent patents might extend or improve upon the initial invention.
Expiration and Patent Life
- The patent, likely filed around 2004, would typically expire after 20 years, around 2024, subject to jurisdiction-specific term adjustments.
- Post-expiration, the data enters the public domain, enabling generic development.
Strategic Implications
- Licensing and Commercialization: The scope and enforceability determine licensing strategy.
- Patent Challenges: Broad claims may invite invalidation or design-around efforts.
- Market Relevance: The patent's coverage area influences competitive positioning.
Conclusion
Patent WO2005049061 exemplifies a strategic effort to secure broad protection for a novel pharmaceutical invention. Its scope, defined predominantly through carefully crafted claims, directly impacts its enforceability and commercial value. A thorough understanding of its landscape reveals opportunities and risks for innovators, licensees, and competitors.
Key Takeaways
- The patent’s scope depends on the specific language of its independent claims; broad claims confer more significant commercial leverage but face higher invalidation risks.
- The patent landscape indicates a strategic positioning within the broader pharmaceutical intellectual property ecosystem, with considerations of novelty, inventive step, and prior art.
- Understanding the patent’s lifecycle, including expiration, is vital for planning market entry and generic competitor strategies.
- The claims likely encompass a specific chemical structure, therapeutic method, or formulation, with precise patent language essential for enforcement.
- A multi-jurisdictional patent family amplifies protection but requires continuous monitoring of related filings and potential challenges.
FAQs
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What is the primary inventive aspect of WO2005049061?
The core innovation pertains to a specific pharmaceutical compound or method, with claims centered on its therapeutic application, structural uniqueness, or formulation.
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How broad are the claims in patent WO2005049061?
The breadth depends on claim language; well-drafted independent claims generally cover a wide class of compounds or methods, subject to prior art limitations.
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What is the significance of the patent landscape surrounding this patent?
The landscape identifies competing patents, prior art, and potential freedom to operate, influencing licensing, R&D, and litigation strategies.
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When does patent WO2005049061 expire, and what does this imply?
Likely around 2024 if filed in 2004; post-expiration, the invention enters the public domain, opening opportunities for generic manufacturing.
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Can this patent be challenged or designed around?
Yes, especially if claims are broad; competitors may seek to develop structurally distinct compounds or alternative methods that do not infringe claim scope.
References
- WIPO Patent WO2005049061.
- Local patent databases and legal analyses for jurisdiction-specific details.
- Patent landscape reports relevant to pharmaceutical compounds filed under the PCT around 2004.
