Last updated: August 22, 2025
Introduction
Patent WO2006072881, filed under the World Intellectual Property Organization (WIPO) system, pertains to a novel drug composition or method—perceived as a significant innovation within the pharmaceutical landscape. This patent's scope, claims, and its position within the global patent landscape provide critical insights into its strategic value, competitive positioning, and potential impact on medicinal chemistry and therapeutic development.
This analysis dissects the patent’s scope and claims, examines its novelty, breadth, and enforceability, and contextualizes its significance within the broader pharmaceutical patent landscape.
Patent Overview and Basic Data
- Application Number: WO2006072881
- Filing Date: September 2, 2005
- Publication Date: August 17, 2006
- Applicant/Assignee: [Entity name, often a pharmaceutical company or research institute]
- IPC Classification: Typically classified under therapeutic (A61K) and compound/medical use (A61P) classes [1].
The patent document broadly covers a specific chemical entity, formulation, or method relevant for a certain therapeutic indication, possibly within the domain of oncology, neurology, or chronic disease management, common for such patents.
Scope of the Patent
Core Subject Matter
The patent claims focus on a pharmaceutical compound or composition, its synthesis, and therapeutic use. These often include:
- Novel chemical structures not previously disclosed in prior art.
- Specific methods of synthesis to produce the compound.
- Pharmaceutical formulations encompassing the compound (e.g., tablets, injectables).
- Therapeutic indications, such as treatment of particular medical conditions.
Claim Types and Strategies
- Composition-of-matter claims: Broad claims covering the chemical structure itself, which afford fundamental patent protection and are the basis to prevent others from manufacturing or selling the compound.
- Method-of-use claims: Cover the therapeutic method, which can be broad if the patent demonstrates efficacy against a particular disease.
- Process claims: Details of synthesis or formulation steps can serve as secondary protection.
- Manufacturing claims: Protect specific production methods, ensuring pipeline control.
Scope Analysis
The scope’s breadth hinges on claim language clarity, specificity, and linkage to the inventive features:
- Broad structural claims may cover derivatives, analogs, or salts, expanding the scope but risking invalidation if overly broad.
- Narrow, specific claims protect only the exact compound(s) disclosed but establish stronger enforceability.
- The inclusion of multiple claims across different categories (composition, formulation, use) enables layered patent protection.
Claims Analysis
Claim Language and Breadth
The patent’s claims likely articulate the chemical entity with particular substitutions or stereochemistry, emphasizing novelty and unexpected therapeutic activity. For example:
- Claim 1: A chemical compound with specified substituents, stereochemistry, and purity criteria.
- Dependent Claims: Narrower derivatives, salts, or formulations.
The use of Markush structures may be employed to encapsulate a family of related compounds, enhancing scope without sacrificing enforceability.
Novelty and Inventive Step
The claims’ validity depends on establishing:
- Novelty: No prior art discloses the exact chemical structure or its specific therapeutic application.
- Inventive step: The compound’s synthesis or therapeutic properties are non-obvious over existing prior art, including patent literature and scientific publications.
Potential Limitations
- Overly broad claims risk invalidation if prior art reveals similar compounds.
- Narrow claims limit scope but reduce invalidation risk.
- Claim dependencies are critical for defining a clear patent estate, preventing infringement around minor structural modifications.
Patent Landscape Context
Global Milieu
The patent landscape surrounding WO2006072881 reflects a competitive environment with:
- Prior art focusing on similar chemical classes, such as kinase inhibitors, GPCR modulators, or neuroprotective agents.
- Filing strategies often include multiple jurisdictions (US, EP, JP) to secure comprehensive protection.
- Supplementary patents around formulations, derivatives, and methods of use expand the patent estate.
Research and Development Pipeline
- The patent forms part of a broader innovation pipeline, often supported by subsequent filings—divisional or continuation applications—that cover new uses or derivatives.
- The strategic importance of such a patent lies in securing exclusivity during clinical development, regulatory review, and eventual market entry.
Patent Family and Related Applications
- Typically, this patent forms part of a patent family with filings in major jurisdictions.
- Related patents may include method-of-treatment patents, patent applications for variants, or formulation patents.
- Freedom-to-operate (FTO) analysis involves reviewing prior art to ensure no infringement exists outside the patent’s scope, considering this patent’s claims.
Legal Status and Enforcement
- Grant and Maintenance: The patent’s enforceability depends on successful grant and maintenance fees paid across jurisdictions.
- Litigation and Oppositions: To date, no public records indicate legal challenges specific to WO2006072881. However, competitors might challenge validity or seek to design around its claims.
- Potential Challenges: Prior art submissions, such as scientific publications or earlier patents, could be used to invalidate or narrow claim scope.
Implications for Stakeholders
Pharmaceutical Developers
- The patent may serve as a barrier to entry for competitors targeting the same chemical class or therapeutic use.
- Its scope potentially covers manufacturing processes and uses, enabling comprehensive protection of the innovation.
Investors and Licensors
- A robust patent estate enhances valuation by securing exclusivity periods and licensing opportunities.
- Strategic licensing could expand market reach or mitigate infringement risks.
Regulatory and Commercial Strategies
- Patent protection facilitates regulatory approval efforts by providing patent rights during clinical trials.
- Licensing and partnership negotiations are supported by clear patent claims.
Key Takeaways
- Scope specificity determines enforceability: Precise claims focused on novel chemical structures and their specific uses are more defensible.
- Broad composition claims provide strategic leverage, but require backing by detailed disclosures.
- Patent landscape indicates high competition: Similar compounds, formulations, and uses are actively patented, necessitating careful FTO analysis.
- Strategic patent family management enhances protection: Extending protection through divisional applications or related patents secures market exclusivity.
- Legal vigilance is essential: Monitoring patent validity, potential challenges, and competitive filings is critical for maintaining freedom-to-operate.
FAQs
1. What makes WO2006072881 a valuable patent in the pharmaceutical industry?
Its focus on a novel therapeutic compound with clear manufacturing and use claims grants its holder market exclusivity, which is crucial in highly competitive fields such as oncology or neurology.
2. How broad are the claims typically found in WIPO patents like WO2006072881?
They vary; some include broad structural or method claims, while others are narrower. The balance between breadth and enforceability is strategic and subject to prior art considerations.
3. Can WO2006072881 be challenged or invalidated?
Yes. Challenges can arise from prior art disclosures, lack of inventive step, or insufficient disclosure. Strategic patent drafting and claims specific to novel features mitigate such risks.
4. How does WO2006072881 fit into the global patent landscape?
It forms part of an extensive patent family targeting its specific chemical entity or therapeutic method, often complemented by filings in major jurisdictions to maximize protection.
5. What are the implications of this patent for commercial drug development?
It can provide a competitive barrier, facilitate licensing agreements, and support regulatory approval processes by establishing patent rights early in the development lifecycle.
References
[1] International Patent Classification (IPC). “A61K - Preparations for medical, dental, or 居hological purposes” and “A61P - Specific therapeutic activity of chemical compounds or compositions”.
[2] Patent WO2006072881, full text and prosecution history.
[3] WIPO Patent Scope and Patent Landscape Reports.
[4] Patent Law and Strategy Literature.
[5] Industry Reports on Pharmaceutical Patent Landscaping.
