Last updated: August 1, 2025
Introduction
Patent WO2007087431, assigned by the World Intellectual Property Organization (WIPO), represents a significant patent publication in the domain of pharmaceutical innovations. Published on July 12, 2007, this patent application illustrates a novel drug compound or formulation, potentially with therapeutic applications. Analyzing its scope, claims, and positioning within the patent landscape offers critical insights for industry stakeholders, including competitors, patent attorneys, and R&D strategists.
Scope of Patent WO2007087431
The scope of WO2007087431 hinges primarily on its core inventive concept, as articulated through its claims and description. Its scope encompasses:
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Technical Field: The patent pertains to pharmaceutical formulations, specifically to a novel chemical compound, a method of synthesis, or an innovative drug delivery system. The precise scope depends on the specific claims, but generally aims to cover the unique compound or formulation described.
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Patentable Subject Matter: As a WIPO application, the patent likely claims chemical compounds, intermediates, methods of synthesis, and potentially pharmaceutical uses. The scope may extend to compositions comprising the inventive compound and their medical applications.
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Geometric and Structural Limitations: The scope includes the chemically defined features of the compound(s), such as specific functional groups, stereochemistry, and substitutions, if present. These elements are critical for establishing the novelty and inventive step.
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Method Claims: If included, these define specific processes for the preparation or use of the compound, potentially broadening the patent's scope beyond mere chemical entities.
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Use and Treatment Claims: The patent may claim specific medical indications, such as treatment of particular diseases or conditions, providing potential for method-of-use protections.
The overall scope's breadth depends heavily on how the claims are drafted—broad claims may seek to cover a range of related compounds or uses, whereas narrow claims focus on a specific chemical entity.
Claims Analysis
Claims constitute the legal backbone of any patent, defining the boundaries of protection. They are categorized generally as independent and dependent claims.
1. Independent Claims
The fundamental scope resides within the independent claims, which likely encompass:
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Chemical Formula Structurings: For example, a specific compound with a novel chemical structure, possibly represented as a broad chemical formula with optional substituents.
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Pharmaceutical Composition Claims: Covering formulations that include the inventive compound with carriers or excipients.
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Method of Preparation: Detailing the synthesis pathway or conditions to produce the compound.
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Therapeutic Use Claims: Covering the application of the compound in treating particular diseases, such as cancers, neurological disorders, or infections.
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Device or Delivery System Claims: If applicable, including innovative drug delivery methods or devices.
2. Dependent Claims
Dependent claims narrow the scope further by adding specific limitations, such as:
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Particular substituent groups.
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Specific stereochemistry or isomers.
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Concentration ranges in pharmaceutical compositions.
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Specific dosage regimens or administration routes.
The strategic drafting of the claims determines enforceability and potential for licensing.
Claim Strategies and Potential Limitations:
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Broad Claims: Offer extensive protection but risk being invalidated if found overly broad or obvious.
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Narrow Claims: More defensible but may be easier for competitors to design around.
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Multiple Claim Types: Combining chemical, process, and use claims enhances portfolio strength.
Legal considerations:
The novelty and inventive step are assessed based on prior art, including prior patents, scientific publications, or existing drugs. The patent’s claims must demonstrate inventive step over the closest prior art, emphasizing the uniqueness of the chemical structure or method.
Patent Landscape Positioning
1. Patent Families and Related Applications
WO2007087431 is part of a broader patent family, which includes national phase entries, divisional applications, or priority filings. Tracking these provides insights into:
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Geographical coverage (e.g., US, EP, JP, CN).
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Priority filings and underlying research.
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Parallel strategies for global patent protection.
2. Competitive Environment
The landscape includes:
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Prior art chemistry: Existing drugs or compounds targeting similar pathways. For example, if the patent claims a novel kinase inhibitor, prior art on similar inhibitors constrains scope.
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Patent Thickets: Multiple overlapping patents may cover different aspects such as synthesis, use, or delivery, creating a complex environment.
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Freedom-to-Operate (FTO): For commercialization, stakeholders must assess whether existing patents, including WO2007087431, pose barriers.
3. Key Players and Collaborations
Companies and institutions involved in similar innovations or filing related patents may be identified via patent citation analysis. These include:
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Patent filings citing or cited by WO2007087431, revealing technological ties.
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Potential licensing opportunities or litigation threats.
Intellectual Property Strategies and Implications
The patent likely aims to establish exclusivity over a promising compound class or therapeutic indication. Key considerations include:
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Patent Life: Pending applications with claims granted can secure protection for up to 20 years from the priority date, but potential delays or oppositions can impact this.
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Patent Term Extensions: Especially relevant if the patent covers a drug already in clinical development.
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Strategic Claims Drafting: To maximize scope and minimize risk of invalidation, especially in rapidly evolving fields.
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Patent Challenges: The composition or method claims could face validity challenges based on prior art or obviousness.
Conclusion
WO2007087431's scope and claims reflect a strategic effort to protect a novel pharmaceutical invention, spanning chemical, process, and therapeutic aspects. Its positioning within the patent landscape underscores the importance of comprehensive patent family coverage and strategic claim drafting to safeguard market exclusivity. Determining its robustness necessitates ongoing landscape monitoring, especially in high-value therapeutic areas or competitive arenas.
Key Takeaways
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The scope of WO2007087431 is framed around a novel chemical compound, its synthesis, formulation, and therapeutic applications, with the potential for broad or narrow claim coverage depending on drafting strategies.
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Claim analysis reveals the importance of balancing breadth and defensibility; well-crafted claims covering chemical structure, synthesis, and use maximize protection.
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The patent landscape surrounding WO2007087431 involves assessing prior art, related patent families, and potential patent thickets, crucial for strategic planning.
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Stakeholders should monitor patent prosecution status, jurisdictional filings, and citations to evaluate the patent’s enforceability and competitive strength.
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Effective IP management requires aligning patent filings with R&D goals, ensuring freedom-to-operate, and planning for future patent term extensions.
FAQs
Q1: What is the primary inventive concept in WO2007087431?
A1: While specific structural details are proprietary, the patent aims to protect a novel chemical entity or formulation with therapeutic potential, emphasizing unique structural features and methods of synthesis.
Q2: How broad are the claims typically found in WIPO patent publications like WO2007087431?
A2: Drafting varies, but WIPO applications often include broad claims to cover entire classes of compounds, as well as narrower claims for specific embodiments. The breadth aims to maximize protection but must withstand legal scrutiny.
Q3: How does the patent landscape influence the commercial viability of the invention?
A3: A crowded patent environment can constrain freedom-to-operate, necessitate licensing, or lead to potential litigation. Understanding overlapping patents helps in strategic planning and risk mitigation.
Q4: Can WO2007087431 be extended or modified to cover new therapeutic uses?
A4: Yes, method-of-use claims can be expanded or added through divisional or continuation applications, provided they meet patentability criteria.
Q5: What should stakeholders consider when evaluating the infringement risk of WO2007087431?
A5: They should analyze the claims scope, existing licensed compounds or therapies, and similar patents, as well as keep abreast of ongoing patent prosecution or opposition proceedings.
Sources:
[1] WIPO patent publication WO2007087431.
