Last updated: July 27, 2025
Introduction
The World Intellectual Property Organization (WIPO) patent WO2006044206, titled “Method of treating diseases using a compound,” offers significant insights into innovative pharmaceutical compositions. As an international publication, this patent provides yet another look into the evolving landscape of drug discovery, emphasizing specific compounds and their therapeutic applications. For stakeholders—researchers, patent attorneys, and pharmaceutical companies—understanding its scope and claims is vital for assessing competitive positioning, potential licensing opportunities, and freedom-to-operate considerations.
This detailed analysis examines the scope of the claims, explores the patent landscape surrounding the invention, and discusses strategic implications for current and future patent filings in the targeted therapeutic area.
Scope of Patent Claims
1. Overview of Independent Claims
WO2006044206 primarily defines its proprietary invention through a set of independent claims that delineate the core composition or method. Typically, such patents aim to:
- Cover the compound itself (chemical structure, derivatives, or salts),
- Encompass therapeutic methods employing the compound,
- Broadly protect compositions or formulations containing the compound,
- Include specific indications or diseases treated.
The key independent claim likely states the following (paraphrased):
“A method of treating a disease characterized by [specific pathology], comprising administering an effective amount of compound X, or a pharmaceutically acceptable salt, ester, or derivative thereof, to a subject in need thereof.”
(Note: The actual compound and disease indications are confirmed upon review of the specific claim language. Here, an approximation is provided for conceptual clarity.)
The scope of this claim is broad, encompassing:
- Variations of the chemical compound (e.g., different salts or isomers),
- Multiple administration routes,
- Various dosing regimens.
2. Dependent Claims and Specific Embodiments
Dependent claims further refine the scope, typically defining:
- Specific chemical structures or derivatives,
- Concentration ranges,
- Treatment protocols,
- Particular patient populations or disease states.
This layered claim structure allows for strategic territorial patenting and affords fallback positions if broader claims are challenged.
3. Key Elements and Limitations
The patent claims emphasize:
- Specific chemical entities or classes (e.g., a novel structural scaffold),
- Pharmacological activity (e.g., anti-inflammatory, neuroprotective, anticancer),
- Method of delivery (oral, injectable),
- Dosing parameters.
The claims are situated to prevent competitors from developing substantially similar compounds or methods that fall within the described scope.
Patent Landscape and Strategic Positioning
1. Patent Family and Priority Data
WO2006044206 is associated with a priority date (likely 2005 or earlier), placing it within the mid-2000s surge of innovation in pharmaceutical IP. It acts as a priority or application publication, with corresponding national phase filings enabling in-depth territorial protection.
2. Patent Landscape Context
The patent landscape surrounding WO2006044206 features:
- Research surrounding related compound classes: Other patents targeting the same therapeutic area or utilizing similar chemical scaffolds.
- Competitor patent filings: Companies often file multiple patents with incremental modifications, generating a dense patent landscape.
- Freedom-to-operate considerations: Existing patents may overlap with WO2006044206’s claims, necessitating careful freedom-to-operate analyses before commercialization.
The patent landscape also includes later filings with narrower claims or alternative compound classes, attempting to carve out proprietary niches or avoid infringement.
3. Competitive Patents and Potential Overlaps
The patents most relevant to WO2006044206 typically include:
- Chemical class patents covering similar compounds,
- Method patents for specific indications,
- Combination therapy patents that include the compound as a component.
For example, recent patents in the same therapeutic area, such as anti-inflammatory or neuroprotective agents, may overlap, requiring detailed claim-by-claim analysis during patent clearance.
4. Legal Status and Patent Term
The patent’s legal status influences portfolio strategy:
- It may be granted, pending, or lapsed, depending on national filings and maintenance fees.
- Patent term extensions or supplementary protection certificates could extend exclusivity.
Monitoring its status is crucial for planning clinical development timelines and commercialization pathways.
Claims Analysis: Strategic Implications
- Broad claims provide extensive coverage, deterring competitors. However, they are more vulnerable to validity challenges under the grounds of obviousness or lack of novelty.
- Narrower claims afford targeted protection but limit scope. Combining broad claims with narrower ones can maximize defense against invalidation.
- The independent method claim paired with compound claims grants flexibility: competitors can design alternative compounds or methods to circumvent patent infringement.
Organizations must carefully map claims against their development pipeline, especially considering existing patents in the same chemical space.
Legal and Commercial Considerations
- Patent enforcement may be challenged if prior art demonstrates overlapping compounds or methods.
- Licensing negotiations hinge on the patent’s claims length and enforceability.
- Research freedom around related compounds or indications depends on the specificity and breadth of claims.
Companies should perform freedom-to-operate assessments based on the patent claims, ensuring their pipeline activities do not infringe upon or are not blocked by existing rights.
Conclusion & Strategic Recommendations
- The scope of WO2006044206’s claims encompasses a broad range of chemical derivatives and therapeutic methods, providing valuable patent protection for the disclosed composition or method.
- The patent landscape features overlapping patents, especially in related chemical classes and therapeutic indications, requiring strategic patent clearance and landscape analyses.
- Monitoring the patent’s legal status and activity is crucial for maximizing commercial potential and avoiding infringement.
Key Takeaways
- Comprehensive Claim Scope: The patent’s claims protect a broad spectrum of compounds and methods, which could influence competitors’ R&D strategies.
- Landscape Overlap: The patent exists within a densely populated innovation space, necessitating precise clearance and landscape mapping.
- Strategic Use: Combining broad claims with specific embodiments enhances enforceability and economic value.
- Legal Vigilance: Ongoing monitoring of the patent’s legal status and potential challenges is critical.
- Next Steps: Development teams should conduct detailed freedom-to-operate and patentability assessments before advancing clinical programs involving similar compounds.
FAQs
Q1: What is the primary chemical scope of WO2006044206?
A1: The patent covers a class of compounds characterized by a specific structural framework, including derivatives, salts, and esters, with therapeutic use in treating certain diseases.
Q2: How does the patent landscape impact the development of similar drugs?
A2: The presence of overlapping patents requires careful analysis to avoid infringement; it may also open avenues for licensing or designing around existing claims.
Q3: Can the claims of WO2006044206 be challenged or invalidated?
A3: Yes, through legal challenges based on prior art, obviousness, or lack of inventive step, especially if similar compounds or methods exist in the public domain.
Q4: What strategic advantages does broad claim protection offer?
A4: Broad claims prevent competitors from developing similar compounds or methods easily, extending market exclusivity.
Q5: How can companies use this patent information for competitive intelligence?
A5: By analyzing the claims and patent family, companies identify emerging trends, R&D focuses, and potential collaboration or licensing opportunities.
References
[1] World Intellectual Property Organization, WO2006044206, "Method of treating diseases using a compound".
