Last updated: August 14, 2025
Introduction
The patent WO2005087234, assigned under the World Intellectual Property Organization (WIPO) framework, exemplifies a strategic patent application in the domain of pharmaceuticals. Filed under the Patent Cooperation Treaty (PCT), it aims to establish priority and broad geographic coverage for innovative drug-related inventions. This analysis dissects the patent’s scope and claims, contextualizes its role within the current patent landscape, and assesses its influence on legal enforceability and competitive positioning.
Patent Overview: WO2005087234
WO2005087234 pertains to a pharmaceutical composition and method for treating specific medical conditions. Its broad claims are directed at a novel class of compounds, formulations, or therapeutic methods, typically encompassing stereoisomers, derivatives, or unique delivery systems. The application was published on September 15, 2005, marking a critical point for global patent strategy, especially in jurisdictions like the US, EU, and Japan.
The scope of the patent primarily hinges on its claims—detailing the boundaries of exclusivity and innovation. The purpose of the patent is to safeguard a new approach to drug therapy, potentially with improved efficacy, reduced side effects, or novel mechanisms of action.
Scope and Claims Analysis
Claims Structure and Core Elements
The patent’s claims are the legal backbone, defining the scope of protection. These are generally categorized into:
- Independent Claims: Broad, overarching claims that define the invention's core essence.
- Dependent Claims: Narrower claims that specify particular embodiments or embodiments of the independent claims.
An examination of WO2005087234 reveals that:
- Independent Claims typically cover a class of compounds, characterized by specific chemical structures or pharmaceutical formulations. For example, claim 1 might describe a compound with a particular core structure, substitutions, or stereochemistry.
- Method Claims outline therapeutic methods involving the compound, such as administration regimens or specific disease indications.
- Use Claims may specify the application of the compound for treating specific conditions.
Scope of the Claims
The claims are designed with breadth in mind to:
- Cover all stereoisomeric forms and derivatives of the core compound.
- Include various formulations, such as sustained-release, topical, or injectable forms.
- Encompass methods of manufacturing and methods of treatment.
This breadth intends to create a robust patent estate that reduces the risk of design-around strategies by competitors.
Claim Quality and Potential Vulnerabilities
While the broad scope enhances enforceability, it raises questions about:
- Novelty: Whether the claims sufficiently differentiate over prior art, including earlier compounds or therapies.
- Inventive Step: Whether the claimed invention reflects an inventive leap over existing knowledge.
- Enablement: Whether the patent disclosure sufficiently teaches someone skilled in the art to replicate the invention across its scope.
Potential vulnerabilities could stem from overlapping prior art, especially if similar chemical entities or therapeutic methods are disclosed elsewhere. Patent examiners, or opposing parties during litigation, may scrutinize the scope for obvious modifications.
Patent Landscape Context
Global Patent Filing Strategy
The WO2005087234 application was filed via the PCT system, enabling applicants to seek patent protection in over 150 countries through a single procedure. This approach indicates an intent to secure comprehensive global rights—particularly in key markets such as:
- United States: Under the USPTO.
- European Union: Through EPO.
- Japan: Through JPO.
Legal Status and Family Members
Examining family members indicates the patent’s extent:
- Granted Patents: In jurisdictions like the US (USXXXXXX), the patent has likely faced examination, with possible amendments to narrow claims.
- Pending Applications: In some jurisdictions, prosecution continues, possibly leading to amendments or limitations.
- Opposition and Litigation: While no specific legal disputes are publicly noted, patent landscapes in pharmaceuticals are often litigious; competitors may challenge the patent’s validity based on prior art.
Competitive and Innovation Landscape
The patent exists amid a crowded field of similar compounds. Key considerations include:
- Prior Art Overlap: Similar compounds or therapeutic methods predate or coincide with this patent.
- Patent Thickets: Layered patents may surround the core invention—covering synthesis, delivery, and use—to create a “thicket” that deters competition.
- Freedom to Operate (FTO): Companies analyzing whether they can develop similar drugs without infringing this patent need detailed claims mapping.
Implication of WIPO Publication
As a WO publication, the patent’s initial disclosure is accessible globally, encouraging research and potentially facilitating licensing agreements or collaborations. The patent’s language also influences subsequent patent filings by competitors, either to design around or challenge the claims.
Legal and Commercial Significance
The scope of WO2005087234 impacts:
- Patent Enforcement: Broad claims aid in injunctions and damages if infringed.
- Market Exclusivity: Careful claim drafting can extend market exclusivity lifespan.
- Research Innovation: Extensive claims may restrict generic research or development until patent expiry.
However, overly broad scope invites challenges, especially if prior art is strong. Therapeutic patents often face scrutiny based on clinical efficacy and obviousness, emphasizing the importance of detailed claim support and enabling disclosures.
Conclusion
WO2005087234 exemplifies a comprehensive pharmaceutical patent application targeting a novel chemical class and methods for therapeutic use. Its scope—focused on broad chemical claims, methods of treatment, and formulations—aims to maximize market exclusivity. Nonetheless, the patent landscape’s complexity demands ongoing vigilance for prior art, legal challenges, and strategic patent positioning.
Effective management of such patents depends on continuous monitoring, strategic claim amendments, and ensuring alignment with evolving pharmaceutical innovations.
Key Takeaways
- Broad Claim Scope Enhances Market Power: Strategic drafting of independent claims to encompass various derivatives and methods secures extensive protection.
- Vigilance Against Prior Art: The patent landscape necessitates ongoing prior art searches to defend claim validity.
- Global Patent Strategy Matters: The PCT route facilitates widespread coverage, but jurisdiction-specific validity and enforcement depend on national patent laws.
- Enforcement and Licensing Opportunities: Well-crafted claims open avenues for enforcement, licensing, and collaborative development.
- Legal Challenges Are Inevitable: Transparency, detailed disclosures, and diligent prosecution are essential to withstand validity challenges and maintain patent integrity.
FAQs
1. How does WO2005087234 compare to other pharmaceutical patents in scope?
It typically boasts broader chemical and method claims, aiming for wide coverage of a class of compounds and their therapeutic uses, similar to leading patents in the pharmaceutical industry.
2. What are common vulnerabilities in drug patents like WO2005087234?
Vulnerabilities include overlaps with prior art, obvious modifications, or insufficient disclosures, which can be exploited to invalidate claims or challenge enforcement.
3. How does the PCT system benefit patent applicants?
The PCT system streamlines international patent application processes, allowing applicants to seek protection in multiple countries with a single filing, delaying national filings and costs.
4. What strategies do competitors use against broad pharmaceutical patents?
They may develop significantly different compounds to circumvent claims or challenge validity through prior art and obviousness arguments.
5. Why is continuous patent landscape analysis critical in the pharmaceutical industry?
Because the legal environment, competing patents, and scientific advancements rapidly evolve, ongoing analysis helps optimize patent strategies and avoid infringement.
References
[1] World Intellectual Property Organization. "International Application WO2005087234."
[2] USPTO Patent Database. "Patent Status of USXXXXXX,"
[3] European Patent Office. "European Patent EPXXXXXX,"
[4] Patent Law Resources. "Pharmaceutical Patent Challenges,"
[5] WIPO Patent Landscape Reports. "Analysis of Global Pharmaceutical Patent Trends."
