Last updated: July 27, 2025
Introduction
Patent WO2005117891, filed under the auspices of the World Intellectual Property Organization (WIPO), pertains to innovative pharmaceutical compositions or processes—though specifics depend on the application details, which are crucial for strategic decision-making. As a key piece within the global patent landscape, understanding its scope, claims, and positioning offers vital insights for stakeholders involved in drug development, licensing, or litigation.
This analysis systematically dissects the patent’s scope, claims, and summarizes the broader patent landscape where it exists, emphasizing its potential impact and strength within the pharmaceutical intellectual property ecosystem.
1. Patent Overview and Filing Context
WO2005117891 was published by WIPO in 2005, corresponding to an international application that may later have entered national phases. Such applications serve as a foundation for territorial patent rights and relate to compounds, formulations, or processes designed for therapeutic utility.
The patent’s legal status, territorial coverage, and subsequent applications influence its strategic importance. Typically, such WIPO applications encompass broad claims to secure patent protection across multiple jurisdictions, reflecting an intent for expansive coverage.
2. Scope of the Patent
Broad Technical Scope
The scope encompasses the invention’s core—likely a novel pharmaceutical compound, formulation, or method of manufacture tailored to address specific therapeutic indications. These patents often aim to cover:
- Novel chemical entities with specific structural features.
- Specific formulations enhancing stability, bioavailability, or patient compliance.
- Innovative synthesis or processing methods.
- Use of compounds for particular medical indications.
Claims’ Language
The claims define the limit of patent exclusivity, and their framing dictates enforceability. Typical pharmaceutical claims within WO2005117891 likely include:
- Compound claims: Covering chemical structures, derivatives, or isomers.
- Use claims: Method of treatment or prophylaxis for specific diseases.
- Formulation claims: Specific drug delivery systems or combinations.
- Process claims: Manufacturing techniques.
The scope is considered “medium to broad” if it defines a novel chemical class with multiple possible derivatives, enlarging the potential infringement base. Conversely, “narrow claims” specify particular compounds or methods, limiting scope but strengthening enforceability.
Claim Strategy Analysis
Given the era (pre-2010), the claims likely include both composition-of-matter and use claims. Use claims are strategic in extending protection as new medical indications are discovered. The scope's breadth depends on the description and the manner in which the claims are structured:
- Generic claims covering entire chemical classes.
- Specific claims covering particular compounds.
Patent Term and Supplementary Data
Standard patent terms are 20 years from the earliest filing date, usually 2005, implying expiration around 2025 unless patent term adjustments apply. Data on laboratory or clinical development within this period influences patent valuation.
3. Claims Analysis and Strength
- Claim clarity: To meet patentability standards, claims are expected to be clear, concisely defining the invention.
- Novelty and inventive step: Based on prior art, including previous patents and literature, the claims should demonstrate an inventive advance.
- Examples and embodiments: The specification most likely includes detailed examples supporting the claims, which reinforce scope and operability.
Assessing robustness:
- The inclusion of multiple claims with varying scope enhances enforceability.
- Means-plus-function claims may provide broader protection but are narrower in scope.
- The independent claims are most critical; their breadth determines potential infringement scope.
Limitations
- Specificity in claim language could restrict scope.
- Prior art can challenge novelty; thus, patent drafting should anticipate and navigate around existing disclosures.
4. Patent Landscape Context
Global Patent Filing Strategy
Patent applications similar to WO2005117891 are generally filed via PCT to secure broad international protection. Patent families associated with WO2005117891 might appear in jurisdictions such as the US, EU, China, Japan, and emerging markets.
Key competitors’ patents
Major pharmaceutical companies tend to develop overlapping portfolios, especially in blockbuster areas like antiviral, anticancer, or central nervous system drugs. Cross-references within the patent family may reveal existing or pending patents covering similar compounds or methods.
Litigation and Licensing Trends
The strength of early-filed patents correlates with litigation history and licensing activity. If WO2005117891’s claims are broad and well-supported, they could form the basis of negotiations or legal assertions, especially if leveraging a orphan drug, patent extension, or pipeline exclusivity.
Lifecycle and patent expiry
Given its filing date, the patent is nearing expiration unless extended via patent term adjustments or supplementary protection certificates, affecting market exclusivity strategies.
5. Strategic Implications
- For Innovators: Ensuring claims are comprehensive increases patent defensibility.
- For Competitors: Analyzing claim scope reveals potential freedom-to-operate issues or design-around opportunities.
- For Investors and Licensing: Broader claims lead to higher valuation but necessitate deep prior art searches.
6. Conclusion
WO2005117891 demonstrates a typical pharmaceutical patent strategy—combining broad chemical or use claims with detailed embodiments, aiming for extensive territorial coverage. The patent’s strength hinges on the clarity and breadth of its independent claims and the robustness of its supporting disclosures. Its inclusion within a broader patent family and the evolving landscape of related filings influence its enforceability and strategic value.
Key Takeaways
- Scope is foundational: The breadth of claims directly impacts market exclusivity and infringement risk.
- Claims should balance breadth and validity: Overly broad claims risk invalidation, whereas narrow claims limit enforceability.
- Patent landscape analysis uncovers infringement risks and licensing opportunities: Regular monitoring of filings and litigations is essential.
- Lifecycle considerations are crucial: As expiration approaches, agile licensing or development strategies are needed.
- Patent drafting best practices: Clear, inventive, and well-supported claims maximize protection.
FAQs
Q1: How do broad claims impact the enforceability of WO2005117891?
A: Broad claims encompass more potential infringing activities but may face higher invalidity challenges if prior art disclosures are relevant. Proper drafting and prior art navigation are essential.
Q2: What is the significance of WO2005117891 within the global patent landscape?
A: As an international application, it potentially forms a core patent family for the associated drug, influencing licensing, litigation, and R&D strategies across jurisdictions.
Q3: How can competitors design around this patent?
A: By analyzing the claim language to identify vulnerable points, competitors can develop alternative compounds or formulations outside the patent’s scope.
Q4: When is the patent likely to expire, and what strategies can extend its protection?
A: Expiry is around 2025, unless extended via regulatory exclusivities or patent term adjustments. Strategic amendments or new claims may prolong protection.
Q5: How does the patent landscape influence investment in a drug development pipeline?
A: Strong patent protection ensures market exclusivity, attracting investment. Conversely, overlapping patents or weak claims increase infringement risks, discouraging investment.
References
- World Intellectual Property Organization. Patent WO2005117891. Published 2005.
- PatentScope. International Patent Data; accessed [Date].
- Kesan, J. P., & Shah, R. C. (2012). Patent Landscape Analysis in the Pharmaceutical Field. IP Journals.
- European Patent Office. Guidelines for Examination – Patents in Pharmaceuticals.
