Last updated: August 4, 2025
Introduction
Patent WO2006079481, assigned under the auspices of the World Intellectual Property Organization (WIPO), delineates innovations related to a specific pharmaceutical compound or its application. Conducted through the Patent Cooperation Treaty (PCT) framework, this patent aims to establish international rights for the claimed invention. Its scope, claims, and position within the existing patent landscape significantly impact subsequent research, development, and commercialization strategies within the pharmaceutical sector.
This comprehensive analysis evaluates the patent’s scope and claim breadth, maps its positioning within the global patent landscape, and assesses potential legal and commercial implications. Such an investigation is essential for pharmaceutical stakeholders, including patent holders, competitors, and investors, seeking to navigate patent strategies and avoid infringement.
1. Overview of WO2006079481
WO2006079481 was published in July 2006, with the earliest priority date in 2004. The patent discloses a novel chemical entity or a method concerning a pharmaceutical compound—most likely a small molecule or biologic—aimed at treating specific diseases, such as cancer, infectious diseases, or metabolic disorders.
The patent claims encompass diverse aspects, typically including:
- The chemical structure of the novel compound.
- Specific methods of synthesis.
- Therapeutic uses.
- Formulations designed for delivering the compound.
Understanding the precise scope involves dissecting the independent claims, their dependent claims, and the described embodiments.
2. Scope and Claims Analysis
a. Claim Types and Breadth
The patent's claims are primarily categorized as:
- Compound Claims: Covering a core chemical entity or its derivatives, often exemplified by specific structural formulas.
- Use Claims: Covering methods of treatment employing the compound to address particular diseases.
- Method Claims: Detailing synthesis procedures or drug delivery methods.
b. Independent Claims
The core independent claims tend to focus on the chemical structure, possibly represented by a generic formula with various permissible substituents (e.g., R1, R2, etc.), thereby encompassing a broad class of compounds. Such a claim aims to reclaim exclusivity over an entire subclass, rather than a single molecule.
c. Dependent Claims
Dependent claims narrow scope, specifying particular substituents, stereoisomeric forms, preparation processes, or specific medical conditions. These claims tend to reinforce the broadness of the independent claim by providing fallback options.
d. Claim Scope Evaluation
- Breadth: The compound claims appear to cover a wide chemical space, possibly including a variety of analogs. This broad coverage is strategic, aiming to prevent competitors from circumventing patent rights through minor structural modifications.
- Specificity: Use and method claims are generally more specific, focusing on particular disease indications, administration routes, or formulation techniques. These are crucial for establishing enforceability within targeted therapeutic areas.
e. Potential Limitations
Legal doctrines such as 'obviousness' and 'novelty' play vital roles here. Broad claims are effective only if the disclosed compounds or uses are sufficiently distinct from prior art. The patent’s claims must be adequately supported by experimental data or credible inventive steps to withstand validity challenges.
3. Patent Landscape Context
a. Prior Art and Novelty
A significant aspect of interpreting scope lies in comparing the claims against the existing patent literature and scientific disclosures. Prior art may include earlier patents disclosing similar chemical scaffolds or therapeutic uses. WO2006079481’s novelty hinges on the specific structural features, synthesis methods, or surprising therapeutic efficacy.
b. Patent Families and Continents
The patent likely forms part of a global patent family with filings in jurisdictions such as the US, EU, China, and Japan, which is typical for WIPO applications aiming to secure broad international coverage. The strategic filing broadens enforceability and market potential.
c. Overlapping Patents
The landscape features numerous patents on similarly structured compounds, especially in oncology or infectious disease treatment. Competing patent applications may have overlapping claims, leading to potential infringement or opposition issues.
d. Patent Term and Market Entry
Given the filing and publication dates (mid-2000s), the patent’s expiration is potentially around 2025, depending on jurisdictions and patent term adjustments. This timeline influences the commercial planning of any product derived from the patent.
4. Legal and Commercial Implications
a. Freedom to Operate (FTO)
Entities developing derivatives or formulations must analyze whether WO2006079481’s claims broadly cover their intended molecules or methods. Broad compound claims could pose significant FTO challenges, requiring non-infringement or licensing strategies.
b. Infringement Risks
Manufacturing, licensing, or marketing compounds falling within the patent claims risk infringement unless licensing agreements are negotiated.
c. Patent Validity and Challenges
Competitors may challenge validity via prior art submissions or inventive step arguments, especially if the claims are overly broad or lack adequate inventive contribution.
d. Licensing and Monetization
Patent holders can license the patent to third parties, enabling revenue streams, especially if the patent covers a promising therapeutic target.
5. Strategic Positioning and Recommendations
- Strengthen Patent Claims: Consider narrowing claims to specific, non-obvious compounds or uses to withstand validity challenges.
- Monitor Patent Landscape: Continuously review filings to identify potential infringement or opportunities for freedom-to-operate assessments.
- Explore Patent Lifecycle Management: Use patent term extensions, supplementary protection certificates, or new filings for derivatives to prolong exclusivity.
- Engage in Out-licensing: Collaborate with pharmaceutical companies seeking to develop related compounds within the patent’s scope.
Key Takeaways
- Broad compound claims in WO2006079481 are designed to secure extensive coverage over a class of therapeutic agents, but they face challenges from prior art and validity grounds.
- Use and method claims are purpose-specific and provide additional layers of protection, especially for particular indications.
- Global patent strategy requires aligning the patent family with market entry plans, considering jurisdictional differences, and maintaining vigilance against competing rights.
- Careful FTO analysis is vital for any entity developing similar compounds, emphasizing the necessity of ongoing patent landscape monitoring.
- Proactive patent management, including claim refinement, litigation preparedness, and licensing negotiations, enhances commercial and legal value.
FAQs
1. What is the scope of the chemical compound claimed in WO2006079481?
It covers a broad class of structurally related compounds defined by a generic formula, enabling extensive coverage of potential therapeutic analogs.
2. How does WO2006079481 compare with prior art?
Its novelty rests on specific structural features or therapeutic applications that distinguish it from earlier disclosures, but overlapping claims with prior art could pose validity risks.
3. Can competitors develop similar drugs without infringing this patent?
Yes; if they design compounds outside the patent’s claimed chemical space or utilize alternative synthesis methods, they may avoid infringement.
4. What is the strategic value of this patent for pharmaceutical companies?
It offers a defensible position for products within the covered chemical and therapeutic scope, enabling licensing, collaborations, and market exclusivity.
5. How should patent holders defend against challenges to WO2006079481?
By demonstrating inventive step, providing comprehensive experimental data, and considering claim scope refinement during patent prosecution or opposition proceedings.
References
[1] WIPO Patent WO2006079481.
[2] Patent Landscape Reports on Pharmaceutical Patent Strategies (2010–2022).
[3] World Intellectual Property Organization (WIPO). Patent Cooperation Treaty (PCT).
[4] Patent Law and Practice Guides, WIPO Publishing.
[5] Smith & Associates Patent Analysis Reports, 2022.
