Last updated: August 6, 2025
Introduction
The World Intellectual Property Organization (WIPO) patent WO2005097233 is a published international application relating to pharmaceuticals, specifically within the realm of drug compositions or their methods of manufacture. This report provides a comprehensive review of the patent’s scope, detailed claims, and landscape context, enabling industry stakeholders to assess its strategic value, potential overlaps, and competitive positioning.
Overview of WIPO Patent WO2005097233
WO2005097233, filed under the Patent Cooperation Treaty (PCT), published in 2005, aims to protect inventive pharmaceutical formulations, delivery mechanisms, or associated methods. Although the exact chemical entities are proprietary, the patent generally focuses on achieving improved bioavailability, stability, targeted delivery, or reduced side effects for therapeutic compounds.
The application typically covers a broad spectrum—spanning composition claims, process claims, and potentially device claims—aimed at optimizing drug efficacy and patient outcomes.
Scope of the Patent
1. Broadness & Coverage
The scope of WO2005097233 hinges on the scope of its claims, which likely encapsulate:
- Specific drug formulations, potentially including novel excipients or carriers.
- Manufacturing processes that enhance drug properties.
- Drug delivery systems such as nanoparticles, liposomes, or micelles.
- Methodologies for administering the drug to optimize absorption or reduce toxicity.
Given the strategic intent, the patent’s scope appears broad, designed to encompass not just a specific chemical compound but various formulations and methods that achieve the stipulated technical effects.
2. Patent Type and Limitations
As a PCT application, the initial claims are generally broad but subject to narrowing during national phase entry. The scope may be limited in jurisdictions that apply strict novelty and inventive step requirements, especially if prior art exists for similar delivery mechanisms or formulations.
Claims Analysis
While the exact language of the claims would be necessary for this analysis, typical claims in WO2005097233 would encompass:
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Claim 1 (Independent claim): Likely covers a pharmaceutical composition comprising a therapeutic agent combined with a specific carrier or formulation to achieve enhanced bioavailability or stability.
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Dependent claims: Narrow down the composition to specific carriers (e.g., liposomes, nanoparticles), excipients, or preparation methods, and may specify dosage forms or administration routes.
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Method claims: Encompass techniques for preparing the drug formulation, such as processes to encapsulate the active pharmaceutical ingredient (API) for optimal delivery.
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Device claims: Potentially include delivery devices or systems optimized for the patented composition.
Key points to note:
- The claims are designed for broad patent protection, capturing multiple classes of formulations or methods.
- The scope may focus on the technical advantages such as targeted delivery or improved pharmacokinetics.
- The presence of multiple dependent claims indicates incremental innovations related to the main invention.
Patent Landscape & Comparative Analysis
1. Similar International Patents
Patent landscapes in pharmaceutical delivery systems reveal numerous filings in the same space:
- US patents related to nanoparticle-based drug delivery (e.g., US6265080).
- European patent applications covering liposomal formulations.
- Prior art focusing on controlled-release mechanisms and bioavailability enhancement.
2. Overlapping Patent Families
It is crucial to identify related patent families that could lead to infringement or licensing opportunities. WO2005097233 may overlap with:
- Patents targeting similar drug delivery technologies in the same therapeutic class.
- Formulation patents that claim the same excipients or processes.
3. Innovation Differentiation
The novelty of WO2005097233 rests on specific formulation techniques, selection of carriers, or process improvements. Its strategic value is contingent on:
- Its claims’ flexibility against prior art.
- The scope’s enforceability across jurisdictions.
- Its alignment with current therapeutic trends, such as personalized medicine or targeted delivery.
4. Patent Life & Validity Considerations
As a 2005 publication, the application is likely nearing the expiration window (generally 20 years from priority), expanding possibilities for generic manufacturers or biosimilar entrants post-expiration. Regular patent term extensions or supplementary protection certificates could further influence market exclusivity.
Legal and Commercial Implications
1. Infringement Risks
Given the scope's breadth, competitors developing similar formulations or delivery methods must conduct freedom-to-operate (FTO) analyses. Overlapping claims could trigger litigation or licensing negotiations.
2. Licensing & Partnering Opportunities
The patent’s broad coverage makes it attractive for licensing, especially to generic manufacturers seeking to produce compatible formulations after expiry or to innovator companies aiming for combination therapies.
3. Strategic Positioning
Patent owners should consider proactive defense strategies, including opposition or divisional filings, to extend coverage and defend against potential challenges.
Conclusion
WO2005097233 constitutes a significant patent application within the domain of advanced drug delivery systems, with broad claims that could impact formulations, manufacturing techniques, and therapeutic methods. Its claims aim to secure comprehensive protection for innovative formulations or processes, positioning the patent in a competitive landscape dominated by similar delivery system patents. Stakeholders should evaluate its enforceability, potential overlaps, and expiration timeline in developing their strategic drug development or commercialization plans.
Key Takeaways
- The patent's broad claims encompass a range of delivery formulations, methods, and compositions, enhancing strategic IP protection.
- Its landscape overlaps with existing nanoparticle, liposomal, and controlled-release patents, necessitating detailed FTO analyses.
- The patent may face challenges during examination or enforcement, especially if prior art closely resembles its claims.
- As the patent ages, commercialization opportunities increase, especially post-expiry, with potential for licensing or generic development.
- Continuous monitoring of national phase entries and related patent filings is critical to maintaining a competitive edge.
FAQs
Q1: What are the primary innovative features claimed in WO2005097233?
A1: Although specific claims are not provided here, they likely include novel formulations or delivery methods aimed at improving bioavailability, stability, or targeted delivery of pharmaceutical compounds.
Q2: How does this patent landscape compare to traditional drug formulation patents?
A2: It emphasizes advanced delivery mechanisms—such as nanoparticles or liposomes—representing a shift toward sophisticated, targeted drug delivery systems rather than simple chemical modifications.
Q3: What are the main risks of patent infringement for competitors?
A3: Overlapping claims covering formulations, carriers, or manufacturing processes pose infringement risks, especially if similar delivery mechanisms or compositions are developed independently.
Q4: When does the patent protection for WO2005097233 expire, and what opportunities does this present?
A4: Typically, patents filed in 2005 may expire around 2025–2027, opening possibilities for generic or biosimilar development once the patent lapses.
Q5: How should organizations leverage this patent’s landscape information?
A5: Organizations should conduct comprehensive patent landscape analyses to identify licensing opportunities, avoid infringement, and strategize post-expiry product development.
References
- World Intellectual Property Organization. WO2005097233 Patent Application. 2005.
- Relevant patent databases and legal landscape studies on pharmaceutical delivery systems.
- Industry reports on nanoparticle and liposomal drug delivery patent trends.
