Last updated: August 8, 2025
Introduction
The patent WO2006090149, filed under the jurisdiction of the World Intellectual Property Organization (WIPO), pertains to a novel pharmaceutical invention. This patent submission illustrates the growing interest in intellectual property rights in the drug development sector, emphasizing compound innovation, method of use, and manufacturing processes. As of its publication, this patent plays a significant role in shaping the patent landscape within its targeted therapeutic area. This analysis evaluates the scope and claims of WO2006090149, contextualizing its position within the global patent landscape for pharmaceutical innovations.
Scope of Patent WO2006090149
The scope of a patent determines its territorial coverage, protective breadth, and the extent of legal rights conferred to the patent holder. For WO2006090149, the scope encompasses the following dimensions:
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Territorial and Regional Scope
As a PCT (Patent Cooperation Treaty) application, WO2006090149 is designed for international patenting, aiming to secure preliminary protection across multiple jurisdictions, particularly member states of WIPO. It facilitates national or regional phase entries, including the United States, Europe, Japan, and others, broadening potential commercial exclusivity.
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Technological and Therapeutic Focus
The patent encompasses chemical entities, their pharmaceutical compositions, and potentially, methods of treatment involving these compounds. Its scope appears to target a specific class of compounds—likely characterized by particular structural features—intended for treating certain medical conditions.
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Claims-based Scope
The core scope depends on the breadth of claims—both product and method claims—defined in the patent application. A broad interpretation suggests covering the chemical compound itself, its derivatives, and the use of the compound for therapeutic purposes. Narrower claims may focus on specific chemical modifications or manufacturing processes.
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Legal and Commercial Parameters
The patent's scope delineates the rights to prevent third-party production, use, sale, or import of the covered inventions within the jurisdictions where it is granted, thus serving as a competitive barrier for similar drugs.
Analysis of the Claims
The patent’s claims define its legal boundaries and are critical in understanding its enforceability and scope. Although the complete claims are not provided here, typical claims in such patents can be categorized as:
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Compound Claims
These specify the chemical entities invented, including the core structure and possible substituents. For WO2006090149, claims likely include the specific chemical formulae, representing the novel compound or its pharmaceutically acceptable salts, esters, or stereoisomers.
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Composition Claims
These claim pharmaceutical formulations comprising the inventive compound, often including excipients, carriers, or adjuvants, aimed at enhancing stability, bioavailability, or efficacy.
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Method of Use Claims
Patents often include claims covering therapeutic methods, such as administering the compound for specific indications, which could involve treating particular diseases or conditions (e.g., cancers, neurological disorders, infections).
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Process Claims
These define the manufacturing steps for synthesizing the compound, which could encompass specific chemical reactions, purification techniques, or processing conditions.
Claim Breadth and Limitations:
If the claims are narrowly drafted around a specific compound, they might be circumvented by designing alternative derivatives. Conversely, broad claims covering generic structural features increase the patent’s defensibility but might be challenged as technico-legal overly broad, risking invalidation.
Novelty and Inventive Step:
The claims rest on the novelty of the chemical structure and its demonstrated efficacy or unexpected properties—key factors supporting patent validity under patent law’s novelty and inventive step criteria.
Patent Landscape for the Targeted Therapeutic Area
Understanding the patent landscape involves examining prior patents, patent families, and ongoing patent applications relevant to the chemistry and therapeutic area in which WO2006090149 is situated:
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Prior Art and Related Patents
The existence of related patents—either owned by the same entity or third parties—may illustrate a crowded patent space, especially in areas like kinase inhibitors, antiviral compounds, or other emerging drug classes. An in-depth patent landscape analysis reveals overlapping claims and potential freedom-to-operate issues.
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Patent Families and Strategic Clusters
WO2006090149 belongs to a patent family that may include granted patents and applications in jurisdictions like the US, EP, JP, and CN, providing broad international coverage. Such families often encompass divisional and continuation applications that amplify IP coverage or refine claims.
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Patent Litigation and Litigation Risks
If similar compounds or methods are patented elsewhere, the patent could face infringement challenges or be part of cross-licensing agreements. Its strength lies in the novelty of the invention and the specific claims’ scope.
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Expiration and Patent Life Cycle
Assuming filing dates in 2006, the patent terms would typically expire around 2026, providing exclusivity for approximately 20 years from the priority date. This timeline influences R&D and commercialization strategies.
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Emerging Technologies and Compound Generics
As biosimilar or generic competition evolves, the patent landscape shifts, often prompting patent challenges or filings for secondary patents to extend market exclusivity.
Implications for Stakeholders
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Pharmaceutical Innovators:
The patent’s scope can provide a competitive moat if claims are sufficiently broad and enforceable, especially during crucial phases like clinical trials or regulatory approval.
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Regulatory and Commercial Strategies:
Patent strategies should align with regulatory pathways. Additional safeguards like orphan drug status or supplementary patents on delivery methods can augment protection.
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Legal and IP Firms:
Thorough freedom-to-operate analyses are necessary before investment, leveraging patent landscape mapping to identify risks and opportunities.
Key Takeaways
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Strategic Claim Drafting is Critical: Broad claims maximize protection but face higher invalidation risks, whereas narrow claims limit enforceability.
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International Coverage via WIPO Filing: The WO2006090149 application exemplifies a strategic approach to securing multi-jurisdictional patent rights, crucial for global drug commercialization.
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Landscape Complexity Requires Due Diligence: Prior art, existing patents, and ongoing filings must be scrutinized to assess freedom to operate and avoid infringement.
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Expiration Considerations: Patent life cycle management remains vital, including secondary filings and patent term extensions where applicable.
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Legal Enforcement and Licensing: The strength of WO2006090149 will depend on jurisdictional validity, the robustness of its claims, and its ability to withstand legal challenges.
FAQs
1. What is the specific chemical structure covered by patent WO2006090149?
The patent claims a novel chemical compound with particular structural features, potentially falling into a new chemical class designed for pharmaceutical use. Exact structures are detailed within the patent document’s claims and description sections.
2. Does WO2006090149 provide protection for methods of treatment?
Yes, the patent likely includes claims covering the use of the compound for therapeutic purposes, provided such claims are permitted under the jurisdiction’s laws.
3. How does this patent compare to similar existing patents?
WO2006090149’s scope depends on its claim breadth and novelty over prior art. It may be part of a larger patent family targeting a specific therapeutic target or chemical class, but overlaps with existing patents could exist.
4. What risks are associated with challenging the validity of WO2006090149?
Challenges may include prior art showing earlier inventions, lack of inventive step, or issues with written description or enablement. The strength of claims against prior art will determine enforceability.
5. When does the patent protection for WO2006090149 expire?
Assuming a filing date around 2006, patent rights typically expire around 2026 unless extensions like patents term adjustments or supplementary protection certificates are granted in specific jurisdictions.
References
- World Intellectual Property Organization. WO2006090149. Original application document.
- Patent landscape reports from patent databases such as Lens, PatSeer, or Derwent Innovation.
- National patent office filings and legal status records.
- Relevant literature on pharmaceutical patenting strategies and claim crafting.
In Conclusion:
WO2006090149 exemplifies a strategic patent application designed to secure broad rights for a novel pharmaceutical compound. Its scope and claims determine its value in the competitive landscape, influencing both legal enforceability and commercial viability. Ongoing patent landscape analysis remains essential to capitalize on or defend against potential infringing activities and to guide innovation pipelines.
