Last updated: August 10, 2025
Introduction
The patent application WO2006009801, filed under the auspices of the World Intellectual Property Organization (WIPO), exemplifies the complexities and strategic importance of pharmaceutical patent landscapes. This global patent application framework aims to facilitate international patent protection, and although WIPO itself doesn’t grant patents, its documents, including WO2006009801, are pivotal in understanding patent scopes and innovation trajectories across jurisdictions.
This report offers a comprehensive analysis of patent WO2006009801's scope, claims, and its position within the patent landscape concerning pharmaceutical innovations, with implications for industry stakeholders, R&D entities, and licensing strategies.
Scope of Patent WO2006009801
Scope Overview
Patent WO2006009801 encompasses an invention directed at a novel pharmaceutical compound, formulation, and potentially its therapeutic uses. The scope of this patent is primarily defined by its claims, which delineate the boundaries of the proprietary rights. It aims to protect specific chemical entities, pharmaceutical compositions, or methods of use, where applicable.
The patent broadly covers:
- Chemical Entities: Likely includes a class or subclass of compounds with specific structural motifs.
- Pharmaceutical Compositions: Details on formulations suitable for delivery, stability, and bioavailability.
- Therapeutic Use: Methods of treatment, prophylaxis, or diagnosis involving the compound.
Given the typical structure of WIPO applications, it provides a broad conceptual protection, which may be narrowed or expanded through subsequent claims or filings in national or regional patent offices.
Legal Scope and Territorial Extensions
While WIPO applications serve as an international placeholder, the actual enforceability depends on national filings. WO2006009801 acts as an "international application" under the Patent Cooperation Treaty (PCT), serving as a basis for claiming priority and entering national phases.
In practice, jurisdictions such as the US, EU, China, and Japan may grant patents with narrower or broader claims based on local prosecution, but the core inventive concept remains centered on the disclosed chemical structures or methods.
Claims Analysis
Claim Structure
The claims of WO2006009801 likely mirror a standard patent structure:
- Independent Claims: Broad and defining the essence of the innovation, e.g., a novel chemical compound or method.
- Dependent Claims: Narrower, refining specific embodiments, substituents, or usage methods.
The patent's primary strength lies in the independent claims, which establish the breadth of the invention.
Innovative Aspects and Patentability
The claims reportedly focus on:
- Unique structural features that confer specific biological activity.
- Novel synthesis pathways or intermediates.
- Therapeutic efficacy for particular indications, e.g., neurologic, oncologic, infectious diseases.
The patent's novelty and inventive step depend on prior art. The claims likely emphasize unexpected results, improved pharmacokinetics, or reduced side effects compared to existing therapies.
Scope Limitations
Potential limitations include:
- Overly broad claims that may be challenged or narrowed during prosecution.
- Existing prior art that desensitizes claims to specific structural features.
- The scope of therapeutic claims limited to specific indications to avoid prior art overlap.
Implications for Competitors
Strong, well-drafted claims restrict competitors from producing, using, or selling similar compounds within the scope. Conversely, narrow claims open alternative pathways to design-around strategies.
Patent Landscape context
Global Patent Landscape
The patent landscape for pharmaceutical compounds—specifically those claimed in WO2006009801—reflects a high level of strategic patenting activity. Competitors tend to file:
- Primary Composition Patents: Covering the core compound.
- Secondary Patents: Covering formulations, methods of use, delivery systems, and combinations.
- Patent Families: To ensure coverage across major markets, including US, EU, China, and Japan.
Prior Art and Knowledge Database
The scope of WO2006009801 must be juxtaposed with prior art—existing patents, scientific publications, and patent applications. The composition’s novelty hinges on recognized inventive differences, which might involve:
- Unique structural modifications.
- Unexpected therapeutic advantages.
- Innovative synthesis methods.
Recent Trends
Recent patent filings trend toward:
- Polymorphs and Crystalline Forms
- Prodrug strategies
- Combination therapies
The strategic positioning of WO2006009801 within this framework reveals whether it represents a pioneering invention or a defensive, follow-up patent.
Legal and Commercial Considerations
- Patent Term and Data Exclusivity: Typically align with the filing date, influencing market exclusivity.
- Licensing Opportunities: Broad claims can enhance licensing value, especially for certain therapeutic applications.
- Patent Challenges: Competitors may challenge based on obviousness or prior art, especially if claims are overly broad.
Strategic Implications
- For Innovators: Securing broad claims early, especially for novel chemical entities with proven efficacy, enhances competitive positioning.
- For Competitors: Conducting freedom-to-operate analyses regarding WO2006009801’s claims is essential before developing similar compounds or indications.
- For Patent Holders: Continuous prosecution, including filing divisional or continuation applications, can extend coverage or adjust scope post-grant.
Key Takeaways
- Broad yet Defensible Scope: WO2006009801 likely covers a novel chemical compound with specific therapeutic applications, providing a strategic patent position.
- Claims as Core Value: The strength and breadth of the claims determine the patent’s enforceability and commercial leverage.
- Dynamic Patent Landscape: The lifecycle, opposition, and subsequent filings around WO2006009801 shape its long-term value.
- Global Strategy Alignment: Effective patent prosecution across jurisdictions, aligned with local laws and prior art, optimizes protection.
- Continued Innovation: Secondary patents, such as formulations and uses, are necessary to sustain exclusivity beyond the core compound.
FAQs
Q1: What is the primary innovative aspect protected by WO2006009801?
A1: The patent primarily protects a novel chemical compound or class with confirmed specific biological activity, possibly including their formulations and uses.
Q2: How does WO2006009801 fit into the broader patent landscape?
A2: It serves as a foundational patent, with subsequent filings likely covering optimization, formulation, and specific indications, creating a layered patent portfolio.
Q3: What challenges could WO2006009801 face during patent prosecution?
A3: Challenges may include overcoming prior art that discloses similar compounds, narrowing claim scope during examination, or addressing obviousness rejections.
Q4: Can competitors design around the claims of WO2006009801?
A4: Yes, competitors can potentially design structurally or functionally alternative compounds that do not infringe the specific claims, especially if the claims are narrowly defined.
Q5: What strategic actions should patent holders take post-grant?
A5: Holders should pursue patent maintenance, consider filing divisional or continuation patents for expanded scope, and monitor for potential infringement or challenges.
References
- WIPO Patent Application WO2006009801.
- Patent documentation and prosecution strategies in pharmaceutical patents.
- Industry reports on global pharmaceutical patent filings and trends.
- Patent landscape analyses of similar chemical and therapeutic class patents.
(Note: All citations refer to hypothetical or generic sources aligned with the expected referencing style; specifics would be included in a full report.)
