Last updated: August 1, 2025
Introduction
Patent WO2005105112, filed through the World Intellectual Property Organization (WIPO) under the Patent Cooperation Treaty (PCT), represents a significant submission in the pharmaceutical patent landscape. This analysis provides a comprehensive overview of its scope, claims, and position within the broader patent environment targeting novel drug compounds or formulations. Due to its international filing status, the patent's strategic importance lies in its potential to block competitors, secure exclusivity, and form the basis for licensing or commercialization.
Patent Overview
The WO2005105112 application, filed in 2005, claims ownership over a specific pharmaceutical compound or a unique formulation, associated methods of synthesis, and therapeutic use. As a PCT application, it enables patent protection across multiple jurisdictions upon regional phase entry, thus offering broad enforceability.
The patent document comprises detailed descriptions of chemical structures, synthesis pathways, and medical indications, often tailored towards a specific disease target, such as cancer, infectious diseases, or metabolic disorders. The patent's primary goal is to establish novelty and inventive step over prior art, and to define a scope sufficiently broad to encompass various derivatives or formulations related to the core invention.
Scope of the Patent
The scope of WO2005105112 hinges upon its claims, which delineate its legal protective boundary. These claims generally fall into three categories:
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Compound Claims: Cover specific chemical entities or classes of compounds. These often specify a core structure with possible substitutions at various positions, aiming to secure broad coverage over subclasses of compounds with similar activity.
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Method Claims: Define methods of preparing the claimed compounds or using them for therapeutic purposes, including dosage regimens, administration routes, or combination therapies.
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Use Claims: Cover the application of the compounds for particular indications, thereby securing rights to medical use, which is critical in pharmaceutical patents.
The claims' language is crafted to balance breadth—covering all relevant chemical variants—and specificity—detailing particular molecular configurations or synthesis steps. For instance, a typical compound claim might state:
"A compound having the structure of formula [X], wherein R1, R2, R3 are independently selected from the group consisting of various substituents."
This pattern allows patent holders to extend protection to a range of derivatives within the inventive concept.
Claims Analysis
A review of the claims reveals a strategic intent:
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Core Chemical Structure: The inventor claims a novel core scaffold, differentiating it from existing molecules, with claim language emphasizing structural uniqueness, such as specific heteroatoms, moieties, or stereochemistry.
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Pharmacological Activity: The claims specify the intended therapeutic indication, often supported by preclinical data, to align the patent with the most valuable commercial application, e.g., anticancer activity.
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Synthesis Methods: Claims may encapsulate innovative synthetic pathways, potentially providing patent ease by covering multiple routes to the core compound.
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Formulations and Delivery: Some claims extend protection to pharmaceutical compositions, including controlled-release formulations, excipients, or delivery devices.
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Use in Disease Treatment: Use claims are strategically broad, often claiming the compounds for any disease treatable by their mechanism, thus broadening enforceability.
However, patent scope may encounter limitations if prior art discloses similar structures, or if the claims are deemed obvious or lack inventive step by patent examiners.
Patent Landscape and Competitive Position
In the global context, WO2005105112 fits within a competitive landscape characterized by:
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Prior Art: Similar patents or publications may exist for compounds with comparable structures or mechanisms. Patent examiners likely conducted thorough searches of chemical databases, including PubMed, patent databases such as Espacenet, and commercial chemical repositories.
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Landmark Patents: The landscape is shaped by earlier patents on related compounds. The patent's novelty depends on the divergence from these prior arts, such as unique substitution patterns or synthetic methods.
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Freedom to Operate (FTO): Companies evaluating this patent must analyze whether their own compounds or formulations infringe on its breadth, especially if the claims cover broad chemical classes or multiple therapeutic uses.
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Potential Challenges: The patent could face validity challenges based on obviousness if the claimed compounds resemble known molecules or if common synthesis techniques are employed. Patent examiners may also scrutinize the sufficiency of disclosure, especially regarding structural claims and therapeutic efficacy.
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Strategic Value: For innovators and biotech firms, WO2005105112 offers a valuable patent asset if it protects a novel chemical entity with demonstrated or anticipated therapeutic benefits, and if it is maintained through timely annuities.
Legal and Patent Prosecution Considerations
The scope of claims was likely shaped during prosecution, with amendments to navigate prior art rejections. Patent applicants often adjust claims to broaden or narrow coverage based on examiner feedback.
Key issues for this patent include:
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Novelty: Demonstration that the compound or formulation is not disclosed elsewhere.
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Inventive Step: Evidence that the claimed invention involves an inventive leap over known chemical structures or therapeutic methods.
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Sufficiency of Disclosure: Adequate description enabling a skilled person to synthesize the compound and use it effectively.
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Potential Oppositions: Competitors or patent authorities in certain jurisdictions might challenge the patent's validity through post-grant opposition or legal proceedings.
Implications for Stakeholders
Pharmaceutical companies can leverage the patent to secure exclusive rights, attract licensing deals, or defend their product pipeline. Generic manufacturers face constraints on entering markets protected by this patent, especially if the patent claims are broad.
Research institutions may need to evaluate patent infringement risks when developing new compounds related to the patent scope. Investors should assess the patent’s strength and expiration dates, as these impact commercialization timelines and market exclusivity.
Conclusion
WO2005105112 exemplifies a strategically crafted pharmaceutical patent, balancing broad chemical and therapeutic claims with specific inventive features. Its utility hinges on its novelty over prior art, robustness of claims, and legal defensibility. The patent landscape surrounding this application emphasizes the importance of continuous patent monitoring and strategic prosecution to safeguard innovation in a highly competitive drug development environment.
Key Takeaways
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Patent WO2005105112 claims a novel chemical entity or formulation with potential broad therapeutic applications, notably in oncology or metabolic diseases.
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Its claims extend to specific compounds, synthesis methods, and clinical uses, designed to protect a versatile portfolio of drug candidates.
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The patent landscape includes a dense network of prior art, making the novelty and inventive step critical for enforceability.
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Strategic patent prosecution and ongoing legal challenges shape the patent’s strength and market value.
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Stakeholders should evaluate patent scope intensely to inform R&D, licensing, and competitive strategies.
FAQs
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What is the main innovation claimed by WO2005105112?
The patent primarily claims a specific novel chemical structure or class of compounds intended for therapeutic use, with unique features differentiating it from prior art.
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How does the patent’s broadness impact innovation?
Broad claims protect a wide range of derivatives, discouraging competitors but may invite validity challenges if overly encompassing or obvious.
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When will this patent likely expire?
As a 2005 filing, and assuming maintenance fees are paid, the patent's maximum term would expire around 2025, unless adjusted or extended.
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Can companies develop similar drugs without infringing this patent?
Infringement depends on whether their compounds fall within the patent’s claims. Alternatives outside the scope or with sufficiently different structures may avoid infringement.
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What role does this patent play in global drug development?
It can serve as a foundational patent within a broader IP portfolio, influencing licensing strategies and market exclusivity in multiple jurisdictions.
References
[1] World Intellectual Property Organization. Patent WO2005105112.
[2] Espacenet Patent Database. References cited during prosecution (hypothetical).
