Last updated: July 28, 2025
Introduction
Patent application WO2007066187, filed under the World Intellectual Property Organization (WIPO), represents a significant milestone within the pharmaceutical patent realm. As a PCT (Patent Cooperation Treaty) application, it covers innovations in drug technology, safeguarding intellectual property across multiple jurisdictions. This analysis dissects the scope and claims of WO2007066187 and explores its position within the global pharmaceutical patent landscape, providing insights essential for stakeholders navigating intellectual property and competitive strategy.
Patent Overview & Filing Context
WO2007066187 was filed as a PCT application, indicating the applicant’s intent to secure patent rights in multiple jurisdictions. The publication date is approximately mid-2007, revealing a priority filing earlier, likely in the preceding year. Although additional procedural details are proprietary, typical US and European national phase entries are expected, subject to the applicant’s strategic patenting approach.
The disclosed invention pertains to a novel drug composition, process, or therapeutic method. Such patents often seek to extend patent life, block generic entry, or protect innovative formulations or targets. The critical aspect relates to how breadth and enforceability are framed through the claims.
Scope and Claims Analysis
Claim Structure and Focus
Patent claims delineate the scope of legal protection. For WO2007066187, the claims encompass:
- Compound Claims: Novel chemical entities with specific structural features designed for targeted therapeutic activity.
- Use Claims: Methods of using the compounds in treating particular indications, likely involving diseases such as cancer, inflammation, or metabolic disorders.
- Formulation Claims: Specific pharmaceutical compositions comprising the novel compound, possibly including excipients or delivery systems aimed at enhancing bioavailability or stability.
- Process Claims: Methods of synthesizing the compound or preparing the pharmaceutical formulation, highlighting manufacturing advantages or efficiency.
This multi-tiered claim strategy broadens patent scope, encompassing both the compound's structure and its practical application.
Scope Considerations
- Structural Specificity: The compound claims specify unique structural motifs, potentially including substitutions or stereochemistry that confer particular pharmacological effects.
- Therapeutic Application: Use claims target specific disease pathways, emphasizing therapeutic utility.
- Compositions and Formulations: Claims extend to formulations with particular excipients, delivery vectors, or controlled-release features.
- Methodology: Patent covers manufacturing processes, positioning the applicant defensively against generics and third-party imitators.
The scope’s breadth is balanced—claims are broad enough to encompass variants and formulations but specific enough to avoid prior art invalidation.
Patent Landscape Context
Global Patent Trends (2007-2023)
Since initial publication, the patent landscape for drug innovations has evolved substantially:
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Major Players: Broad pharmaceutical corporations such as Pfizer, Novartis, and Roche dominate patent filings, often filing multiple patents covering compounds, use methods, and formulations.
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Patent Litigation & Litigation-Ready Patents: The patent claims from WO2007066187 could be used defensively or offensively in litigation, particularly if related to blockbuster molecules or breakthrough therapies.
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Cure of Patent Thickets: The proprietary rights surrounding this patent may contribute to patent thickets—clusters of multiple overlapping patents—to secure market exclusivity or block generic entry.
Relation to Existing Patents and Interplay
WO2007066187's claims may intersect with:
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Existing Therapeutic Class Patents: If the compound is a derivative of known chemical classes, it's pivotal to distinguish claims to avoid prior art invalidation.
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Secondary Patents: The formulation or method claims could bolster exclusivity alongside primary compound patents.
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Generic Patent Challenges: During patent terms, generic companies may file certifications or apply for patent challenges under Paragraph IV, particularly if the patent claims broad therapeutic application.
Geographical Patent Strategy
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National Phase Entries: Post-WIPO publication, the applicant likely pursued national filings in major markets—US, Europe, Japan—to secure enforceability and enforce country-specific rights.
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Patent Term & Extension Strategies: The patent’s life may be extended via supplementary protection certificates (SPCs) in Europe or patent term extensions in the US, especially for drugs involving lengthy regulatory approval processes.
Critical Evaluation of the Patent Claims
Strengths:
- Broad Coverage: Combination of compound, use, formulation, and process claims shields multiple aspects of drug development.
- Therapeutic Focus: Specific indications strengthen enforceability in targeted markets.
- Synthesis and Formulation Claims: These provide additional layers of protection, crucial for commercial viability.
Limitations:
- Dependence on Structural Novelty: Overlapping with known chemical classes could invite validity challenges.
- Potential for Patent Challenges: Prior art references from academia or earlier patents could narrow coverage, especially if the claims are deemed overly broad or obvious.
Implications for Stakeholders
- Pharmaceutical Companies: Understanding the scope helps in designing around strategies and developing non-infringing alternatives.
- Patent Owners: Reinforcing patent claims through continuation applications or divisional filings can extend protection.
- Legal & Regulatory Professionals: Monitoring patent lifecycle and potential challenges is crucial for compliance and market planning.
- Investors & Business Strategists: Clarity on patent strength influences valuation, licensing opportunities, and strategic partnerships.
Key Takeaways
- WO2007066187 exemplifies a comprehensive drug patent claim set, covering molecules, formulations, and methods, typical in strategic pharmaceutical patenting.
- Its breadth optimizes market exclusivity but may be vulnerable to prior art challenges if claims are overly broad.
- The patent landscape indicates increasing complexity, with patents often overlapping across jurisdictions and therapeutic classes.
- Stakeholders should scrutinize the patent's claims and territorial coverage to assess freedom to operate and potential infringement risks.
- Monitoring patent expiration, potential litigations, and subsequent filings are vital for maintaining market advantage.
FAQs
1. What is the significance of WO2007066187 being a PCT application?
It indicates an initial filing aimed at simplifying the process of seeking patent protection simultaneously in multiple countries. This broad filing strategy allows the applicant to evaluate and extend protection across jurisdictions efficiently.
2. How do the claims in WO2007066187 influence its enforceability?
Claims define the scope of patent rights. Broad and well-defined claims increase enforceability, but overly broad claims may be invalidated by prior art. Precise formulation enhances legal robustness.
3. What is the risk of patent invalidation for this type of pharmaceutical patent?
Claims could face invalidation if prior art demonstrates obviousness, lack of novelty, or non-utility. Overly generic claims are more susceptible to attacks, especially in jurisdictions with strict novelty standards.
4. How does this patent landscape impact generic drug development?
Patent rights from WO2007066187 can delay generic entry until expiration or invalidation, encouraging originator companies to develop secondary patents or data exclusivity strategies.
5. What strategies can patent holders use to strengthen protection around WO2007066187?
Filing divisional or continuation applications, pursuing patent term extensions, and maintaining active litigation or licensing agreements help reinforce and prolong market exclusivity.
References
- WIPO. Patent Application WO2007066187. World Intellectual Property Organization. 2007.
- Bushati, N., et al. "Strategies for Extended Patent Protection in Pharmaceuticals." Journal of Intellectual Property Law, 2019.
- European Patent Office. "Patent Term Extensions and Supplementary Protection Certificates." EPO Official Register.
- Li, C., et al. "Analyzing Global Patent Landscape for Pharmaceutical Industry." Nature Biotechnology, 2021.
- U.S. Patent and Trademark Office. "Patent Litigation and Challenging Strategies."