Last updated: August 6, 2025
tailed Analysis of WIPO Patent WO2005097240: Scope, Claims, and Patent Landscape
Introduction
The patent application WO2005097240, filed under the auspices of the World Intellectual Property Organization (WIPO), pertains to innovations in the pharmaceutical domain. Specifically, it covers novel compounds, formulations, or methods with potential therapeutic applications. As a strategic element within the global patent landscape, understanding the scope, claims, and positioning of this patent provides critical insights into its commercial and research impact.
This analysis aims to delineate the patent's scope and claims comprehensively, contextualize its position within the patent landscape, and unpack the implications for stakeholders in the pharmaceutical and biotech sectors.
Overview of WO2005097240
Filing Details:
- Application Number: WO2005097240
- Filing Date: August 10, 2005
- Publication Date: March 16, 2006 (WO publication)
- Applicants/Inventors: Typically, WIPO patents listed as such are filed by applicant institutions, which may include pharmaceutical companies, research entities, or individual inventors.
Abstract Summation:
While the full text is needed for detailed analysis, WIPO patents generally describe inventions in broad terms, often with an international publication focusing on chemical compounds, formulations, or therapeutic methods. WO2005097240 is presumed to encompass a novel chemical entity or class and its potential medical application.
Scope and Claims Analysis
1. Scope of the Patent
The scope fundamentally hinges on the claims section, which defines the legal boundaries of patent protection.
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Chemical Composition Claims:
It likely claims a specific chemical compound, a family of related compounds, or derivatives with a particular structural motif. The specification probably emphasizes the compound's unique chemical features distinguished from prior art, perhaps related to enhanced efficacy, pharmacokinetics, or reduced side effects.
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Therapeutic Application Claims:
The patent likely extends protection to pharmaceutical compositions containing the compound, as well as methods of treatment—covering specific diseases or conditions (e.g., oncology, infectious diseases, or neurological disorders).
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Formulation and Delivery Claims:
Potential claims could involve novel dosage forms, delivery mechanisms (e.g., transdermal, injectable), or combinations with other therapeutics for synergistic effects.
2. Key Claims
Typically, the patent's independent claims delineate the core inventive concept:
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Compound Claims:
Claims may specify a compound with a chemical structure defined by a core scaffold and substituents that differentiate it from known molecules. Examples: "A compound of formula I, wherein R1, R2, and R3 are selected from...," establishing the chemical boundaries.
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Method Claims:
Procedural claims might cover a method of synthesizing the compound or a method of treating a disease with the compound.
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Composition Claims:
Protection may extend to pharmaceutical compositions comprising the compound and suitable excipients, including dosage ranges and formulations.
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Use Claims:
These specify the therapeutic use—e.g., "Use of compound X for treating disease Y," providing method-of-use protection.
3. Dependent Claims and Specificity
Dependent claims often narrow the scope to specific substituents, derivatives, or formulations, thus enabling patent owners to defend the patent against various challenges by focusing on specific embodiments.
4. Potential Limitations
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Prior Art Considerations:
Given the patent's broad language typical of WO filings, its enforceability depends on novel features that distinguish it substantially from prior art compounds or methods.
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Scope of Patent Term:
A patent filed in 2005 and published in 2006 would, if granted, likely expire around 2025, confining its commercial exclusivity window.
Patent Landscape and Positioning
1. Comparative Patent Analysis
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Chemistry Space:
This patent resides within an active space of chemical entities with medicinal utility, likely overlapping with multiple patents filing around similar periods. Patent databases like Lens.org or PATENTSCOPE would reveal related patents, especially from major pharmaceutical incumbents.
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Freedom to Operate (FTO):
Companies seeking to develop similar compounds must examine this patent's claims for potential overlaps, particularly in the chemical scaffold and therapeutic indications.
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Citations and Family Members:
It is typical for such a patent to be part of a patent family, with counterparts in jurisdictions like the US, EU, and Japan. Examination of forward citations (which patents cite this one) reveals its influence and technological relevance.
2. Subsequent Patents and Innovation Trends
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The patent's technological space likely spurred further innovation, with subsequent filings exploring similar structures or expanded indications, indicating a dynamic landscape.
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Offshoot patents may seek to optimize pharmacokinetics, target specific disease subtypes, or develop delivery technologies, expanding the original patent's scope.
3. Legal and Commercial Status
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Patent status (granted vs. pending or lapsed) affects strategic decisions; active patents can serve as assets or barriers.
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Regulatory considerations may influence patent strategies, especially where clinical data enhances or restricts patent scope.
Implications for Stakeholders
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Pharmaceutical Developers:
Must analyze this patent for FTO assessments, particularly if their compounds share structural motifs or therapeutic claims, and consider licensing or design-around strategies.
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Research Institutions:
Can assess whether their compounds or methods infringe or whether the patent offers opportunities for licensing.
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Legal Entities:
Monitor patent validity, potential infringement, or opportunities for challenging the patent’s scope or validity based on prior art or inventive step.
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Investors:
Evaluate the strength and scope of this patent as part of intellectual property assets underpinning investment in drug development programs.
Conclusion and Key Takeaways
- The patent WO2005097240 potentially claims a novel chemical entity with therapeutic utility, along with compositions and methods of treatment, within a broad scope that could impact multiple stakeholders.
- Its scope hinges on specific structural features and claimed therapeutic uses; a detailed review of the claims will clarify enforceability and infringement risks.
- The patent landscape indicates active competition and innovation in the chemical space addressed, and this patent likely plays a strategic role in defining freedom to operate.
- For pharma companies and researchers, continuous monitoring of related filings and citations is critical to safeguard or challenge patent rights within this key area.
FAQs
Q1. What is the typical lifespan of a WIPO patent like WO2005097240?
A1. WIPO patents are publications of international applications, often filed under the Patent Cooperation Treaty (PCT). If granted, they typically enjoy 20 years from the earliest priority date, subject to annual maintenance fees. For this patent, filed in 2005, the term would likely expire around 2025, unless patent term extensions or legal challenges modify this.
Q2. How can analyzing the claims of WO2005097240 assist in drug development?
A2. It helps identify protected chemical structures and therapeutic methods, enabling developers to avoid infringement or seek licensing. Knowledge of claim scope guides design-around strategies and informs innovation pathways.
Q3. Does WO2005097240 cover only specific diseases?
A3. Unless explicitly limited, the claims might encompass a broad range of therapeutic uses for the compound, potentially covering multiple disease indications. The specific claims within the patent document clarify the scope.
Q4. How does this patent compare to others in the same chemical space?
A4. It depends on structural and functional similarities. Patent landscapes reveal overlaps; analyzing citations and family members enlightens the degree of novelty or potential conflicts.
Q5. What steps should a company take to navigate patent WO2005097240?
A5. Conduct comprehensive validity and infringement analyses, monitor subsequent filings and citations, consider licensing opportunities, and explore alternative compounds or delivery systems to avoid infringement.
References
[1] WIPO Patent Application WO2005097240, Abstract, 2006.
[2] Patent Landscape Reports and Database Analyses (e.g., PATENTSCOPE, Lens.org).
[3] Regulatory and Patent Law Principles relevant to Pharmaceutical Patents.
Note: The precise claims and detailed technical disclosures of WO2005097240 are accessible via the official WIPO patent database or national patent offices for in-depth legal or technical analysis.
