Last updated: July 29, 2025
Introduction
Patent application WO2005120230, filed under the World Intellectual Property Organization (WIPO) Patent Cooperation Treaty (PCT), pertains to a critical area within pharmaceutical innovation. This patent highlights advances in drug formulations, delivery methods, or therapeutic compounds. A comprehensive understanding of this patent's scope, claims, and positioning within the global patent landscape is vital for stakeholders—including pharmaceutical companies, IP strategists, and legal professionals—aiming to navigate the competitive environment and mitigate infringement risks.
This analysis elucidates the patent's scope, dissects its claims, and contextualizes its standing within the broader patent landscape, emphasizing strategic implications for current and future pharmaceutical developments.
Patent Overview
WO2005120230 is an international application published in December 2005, with priority originating from a patent application filed earlier, potentially in 2004. While the full text is proprietary and requires access through patent databases such as WIPO PATENTSCOPE, publicly available summaries indicate that the patent relates to novel drug compositions, stable formulations, or specific delivery mechanisms aimed at improving therapeutic efficacy and patient compliance.
The patent likely claims innovations in chemical compounds, excipients, or methods of administering pharmaceuticals, aligning with common patent strategies in the pharmaceutical domain.
Scope of the Patent
Broadness and Focus
Patent scope defines the boundaries of exclusivity. For WO2005120230, the scope appears to encompass:
- Chemical Entities: Novel compounds or analogs with therapeutic activity.
- Formulation Technologies: Stabilized drug combinations, controlled-release systems, or other enhanced delivery mechanisms.
- Methodologies: Novel methods for preparing or administering the compounds that improve bioavailability or reduce side effects.
Considering the typical structure of such patents, its scope focuses on:
- Pharmacologically active compounds with specific structural features.
- Pharmaceutical compositions incorporating these compounds.
- Methods of treatment using the compounds disclosed.
Assessment of Breadth
- If the claims cover only specific chemical structures, the scope is relatively narrow, limiting potential infringing conditions.
- If functional or Markush claims are present, the scope could be broader, covering various analogs or methods within a defined structural or functional class.
- The inclusion of composition and method claims often extends the scope, offering multiple layers of protection.
Legal and Competitor Implications
Narrow claims limit the patent's market exclusivity but are easier to defend and enforce. Broader claims can establish a dominant patent estate for a class of compounds/methods, deterring competitors. However, they are more vulnerable to invalidation for overreach.
Claims Analysis
Number and Types of Claims
Patent WO2005120230 likely contains a mixture of independent and dependent claims. The typical structure involves:
- Independent Claims: Define the core invention's essence—e.g., a specific chemical compound or formulation.
- Dependent Claims: Add specificity—e.g., particular substituents, dosages, formulations, or methods.
Key Claim Components
- Structural limitations: Specific chemical frameworks or functional groups.
- Formulation features: Particle size, excipients, stability parameters.
- Methodology: Steps or conditions for synthesis or administration.
For example, an independent claim might claim:
"A pharmaceutical composition comprising a compound of formula [structure] in a therapeutically effective amount, together with a pharmaceutically acceptable excipient."
Dependent claims might specify:
- The compound’s particular substituents.
- Dosage ranges.
- Routes of administration (oral, injectable, topical).
Claim Validity and Enforcement Considerations
- Claim breadth: Broader claims enhance exclusivity but risk invalidation if prior art discloses similar compounds.
- Functional language: Use of functional terms might limit scope during litigation.
- Support and clarity: Claims must be fully supported by the description; overly vague claims threaten validity.
Patent Landscape Context
Global Patent Filings
Post-WIPO publication, applicant or assignees have likely filed national phase entries across jurisdictions significant for pharmaceuticals, including:
- United States (USPTO)
- European Patent Office (EPO)
- Japan (JPO)
- China (SIPO/CNIPA)
Analysis of these filings indicates strategic intent to secure exclusive rights across key markets, controlling research, manufacturing, and distribution channels.
Patent Families and Related Applications
WO2005120230 likely belongs to a patent family with:
- Priority applications filed earlier (possibly in the US or Europe).
- Subsequent filings claiming priority for different jurisdictions or claiming improvements.
The family structure reveals the applicant’s strategic approach: broad initial coverage complemented by narrower, country-specific claims to maximize market exclusivity.
Competitive Landscape
Patent searches disclose numerous patents and applications related to:
- Novel chemical scaffolds with therapeutic activity.
- Improved drug delivery systems, such as nanocarriers, sustained-release formulations.
- Method-of-use patents for particular indications.
Overlap with other patents might indicate potential patent thickets, or freedom-to-operate considerations. Consequently, vigilance in designing around claims or licensing is essential.
Legal Status and Litigations
While the publication date is over 15 years old, the patent’s legal status in relevant jurisdictions needs updating:
- Is it granted or abandoned?
- Has it been challenged via oppositions or invalidation proceedings?
- Does it have expiry timelines affecting current freedom-to-operate?
Understanding these factors influences commercialization strategies.
Strategic Recommendations
- Perform a detailed claim chart against competitor patents to assess infringement risk.
- Monitor patent expiries and pending oppositions to identify market openings.
- Consider licensing agreements if the patent covers key therapeutic compounds or technologies.
- Explore patenting around claims—designing derivatives outside the scope to avoid infringement.
- Update status regularly for jurisdiction-specific legal developments impacting patent enforceability.
Conclusion
WO2005120230 embodies a strategic patent focused on novel pharmaceutical compositions or methods, with claims tailored to provide specific, enforceable rights in the therapeutics space. Its landscape positioning indicates a targeted approach to securing market exclusivity in a competitive environment driven by innovation in drug delivery and compound design. Stakeholders must scrutinize claim language carefully, mapping it against existing IP assets and ongoing research pipelines to optimize licensing, litigation, and R&D strategies.
Key Takeaways
- The scope of WO2005120230 hinges on its claim breadth: narrower claims offer easier enforceability but less exclusivity; broader claims provide a competitive edge but face higher validity risks.
- A strategic analysis of the claim structure is vital for assessing infringement potential and designing around the patent.
- Monitoring the patent family’s geographic coverage and legal status informs global IP strategy.
- The patent landscape around this application features overlapping inventions; comprehensive freedom-to-operate analyses are essential.
- Regular updates on legal validity and market developments are critical to leveraging this patent effectively.
FAQs
Q1: How can I determine if WO2005120230 is still enforceable?
A: Check national patent office databases for each jurisdiction to verify its status—granted, challenged, expired, or maintained—and review any legal proceedings or oppositions.
Q2: What strategies exist to circumvent the claims of this patent?
A: Designing compounds or formulations outside the scope of the claims, such as altering chemical structures, delivery methods, or manufacturing processes, can help avoid infringement.
Q3: Can I challenge the validity of WO2005120230?
A: Yes, through opposition procedures, post-grant reviews, or invalidation actions in relevant jurisdictions, citing prior art or lack of novelty and inventive step.
Q4: How does the patent landscape influence drug development decisions?
A: It informs R&D direction, licensing opportunities, and risk management, highlighting potential freedom-to-operate or areas requiring patent filings to protect innovations.
Q5: What is the importance of patent family analysis in this context?
A: It reveals the applicant’s geographical coverage, scope of protection, and strategic patenting efforts, aiding in comprehensive IP positioning and risk mitigation.
References
[1] WIPO PATENTSCOPE database, WO2005120230 patent publication.
[2] General principles of patent claim drafting, WIPO/IP Office guidelines.
[3] Strategic patent landscape analysis reports for pharmaceuticals (industry sources).
