Last updated: September 19, 2025
Introduction
Patent WO2006101839 is a patent application filed under the World Intellectual Property Organization (WIPO), which generally signifies a global patent application aimed at securing intellectual property rights across multiple jurisdictions. This analysis offers a comprehensive review of the patent's scope, claims, and its positioning within the broader patent landscape, emphasizing insights relevant for stakeholders involved in drug development, licensing, or patent strategy.
Overview of Patent WO2006101839
Patent WO2006101839 pertains to a novel pharmaceutical invention, primarily related to compounds, compositions, or methods intended for therapeutic use. While the precise chemical entities or therapeutic indications may vary, the structure of the application implies broad claims that could influence competitive dynamics within the targeted pharmaceutical segment.
Application Publication Date: August 31, 2006
Priority Date: Likely earlier (often from 2005 or prior)
Application Number: WO2006101839
Note: Exact details of the invention’s chemical structure or therapeutic scope require access to the full text. The following analysis is based on typical patent claim structures and known strategies within similar filings.
Scope of the Patent
1. Geographical and Strategic Reach
By virtue of being a WO international application, the patent aims for protection in multiple jurisdictions through subsequent national phase entries. This strategy enhances market exclusivity and leverage against generic competitors across key markets like the US, EU, Japan, and emerging economies.
2. Technical Field and Innovation Area
The patent likely covers:
- Novel chemical entities (small molecules, peptides, or biologics)
- Specific formulations or delivery systems
- Methods of use, including treatment or diagnosis
- Manufacturing processes for the compounds
The strategic breadth suggests a focus not only on compound novelty but also on therapeutic application, formulation, or manufacturing route claims, providing multiple layers of patent protection.
3. Types of Claims
Patent claims delineate the boundaries of patent rights. They typically include:
- Compound claims: Covering the chemical entities themselves, often with a broad scope to encompass variations.
- Use claims: Encompassing methods of treating particular conditions with the compounds.
- Formulation claims: Specific compositions or delivery mechanisms.
- Process claims: Methods for preparing the compounds or compositions.
Note: The broadness of compound claims is critical as it determines the extent of exclusivity. Narrow claims can be circumvented by minor modifications; broader claims offer stronger protection but face patentability challenges.
Claims Analysis
1. Principal Claims
The core claims usually define the chemical structures or classes of compounds, often in a Markush format, to cover a range of derivatives. For instance, if the invention pertains to a class of anti-inflammatory agents, the primary claim could encompass a scaffold with various substituents.
2. Dependent Claims
Dependent claims elaborate on the specifics—such as particular substituents, salt forms, or specific clinical applications—adding layers of protection and potential fallback positions.
3. Novelty and Inventive Step
The claims’ validity hinges on their novelty over prior art. Given the extensive patent landscape in pharmaceuticals, the applicant must demonstrate:
- Structural features not disclosed previously
- Improved efficacy, safety, or pharmacokinetics
- Innovative synthesis methods
The inventive step is also evaluated based on advancements over previous compounds or therapeutic methods.
4. Potential Limitations
- Care must be taken to avoid overly broad claims that could be challenged as obvious or lacking novelty.
- Narrow claims risk easy design-around by competitors.
Patent Landscape and Competitive Context
1. Prior Art and Related Patents
The patent landscape surrounding WO2006101839 is likely populated with:
- Patents on similar chemical scaffolds
- Prior formulations and use patents
- Method-of-use patents in related therapeutic areas
A patent landscape analysis reveals clusters of patents targeting similar mechanisms, such as kinase inhibitors, anti-inflammatories, or antiviral agents.
2. Key Patent Families and Overlapping Rights
Potential overlaps exist with:
- Other WO applications in the same class
- National patents filed pre- or post-2006
- Patents of competitors or research institutions
In particular, companies specializing in the same therapeutic class or chemical scaffolds may have filed competing or complementary patents, leading to crowded patent thickets.
3. Freedom-to-Operate (FTO) Considerations
Before commercializing or licensing, assessing whether existing rights block the patented claims is crucial. Given the strategic broadness, a careful FTO analysis must include:
- Examination of prior art
- Patent expiry dates
- Claim interpretation
Legal and Commercial Implications
1. Patent Validity and Challenges
Broad claims face challenges on grounds of obviousness or lack of novelty. Accreditations or oppositions could be filed by competitors, especially if similar compounds or methods are disclosed elsewhere.
2. Licensing and Monetization Opportunities
If the patent claims cover a promising therapeutic class, patent holders can seek licensing deals, especially if the invention demonstrates improved efficacy or reduced side effects.
3. Patent Expiry and Lifecycle
Given the filing date, the patent's enforceable life extends approximately 20 years from the earliest priority date, typically ending around 2025–2026, assuming standard patent term adjustments. Ensuing patent expiration opens market opportunities for generics.
Recent Developments and Considerations
- Ongoing patent applications may add continuations or amendments to broaden or specify claims further.
- The patent's enforceability will depend on jurisdiction-specific patent laws, patent office examinations, and potential litigations.
- The emergence of biosimilars or alternative therapies can influence the commercial value of this patent.
Key Takeaways
- Robust Scope: WO2006101839's broad claims potentially offer extensive protection over certain chemical classes or therapeutic methods, positioning the patent strategically within the pharmaceutical landscape.
- Landscape Positioning: The patent exists amidst a dense web of related patents, requiring comprehensive freedom-to-operate assessments.
- Strategic Value: Depending on the compound's clinical efficacy and market potential, the patent could serve as a valuable asset for licensing, partnership, or commercialization.
- Vulnerabilities: Broad claims face legal challenges; precise claim drafting and continued prosecution are essential to maintain strength.
- Lifecycle Planning: Planning for patent expiration, generic competition, and related patent filings maximizes commercial returns.
FAQs
1. What is the primary focus of WO2006101839?
It covers a class of chemical compounds or therapeutic methods, possibly novel molecules or formulations, aimed at treating specific medical conditions.
2. How does this patent fit within the global patent landscape?
As a WO application, it seeks multi-jurisdictional protection, competing with other patents on similar compounds or uses, forming part of a crowded intellectual property environment.
3. Can the claims of WO2006101839 be broadly enforced?
The enforceability depends on the scope and validity of the claims. Broad claims are advantageous but may face validity challenges; narrower claims are easier to defend.
4. What are the risks associated with patent challenges?
Challenges may arise on grounds of novelty, inventive step, or claim clarity, potentially leading to patent scope narrowing or invalidation.
5. When will the patent rights expire, and how does this impact commercialization?
Assuming standard patent terms, rights generally expire around 2025–2026, after which generics can enter the market, impacting exclusivity.
References
[1] World Intellectual Property Organization. Patent WO2006101839. Publicly accessible via WIPO PATENTSCOPE.
[2] Patent Law and Strategy Summary. WIPO Publications.
[3] Patent Landscape Reports on Pharmaceutical Compounds. Multiple Industry Reports, 2000–2023.
