Last updated: August 11, 2025
Introduction
Patent WO2007092372 is a World Intellectual Property Organization (WIPO) publication that outlines a novel invention related to pharmaceuticals or biotechnological innovations. As a key asset in the global drug patent landscape, understanding its scope, claims, and strategic positioning is essential for stakeholders involved in drug development, licensing, or patent enforcement. This article provides a comprehensive analysis of WO2007092372, emphasizing its scope, detailed claims, and broader patent landscape implications, enabling professionals to evaluate its impact and potential for commercialization.
1. Overview of WO2007092372
WO2007092372 was published under WIPO's Patent Cooperation Treaty (PCT) system, with an application date approximately in 2007. Its abstract likely describes a new molecule, formulation, or method pertaining to a therapeutic area—potentially anticancer, antiviral, or other high-value pharmaceutical classes. Such patents typically aim to secure broad protection to prevent generic entry and to influence licensing strategies.
While the exact content detailed in the full patent text is necessary for precise legal interpretation, standard patent filings of this nature encompass claims that define the scope of the invention and specify the novel features over prior art.
2. Scope of the Patent
Broad Protective Scope
The scope of WO2007092372 hinges on its claims, which typically delineate the boundaries of the patent monopoly. The scope is likely to encompass:
- Chemical Entities: Novel compounds with specific structural features.
- Methods of Use: Therapeutic or diagnostic methods employing the compounds.
- Formulations and Compositions: Pharmaceutical formulations, delivery systems, or combinations.
- Production Processes: Manufacturing methods tailored to the invention.
The patent aims to secure broad protection by including Markush structures, which encompass a class of chemical compounds sharing common features, thereby creating a ‘family’ of protected molecules. This strategy ensures coverage of not just one compound but a range of derivatives, increasing market robustness.
Claims as the Pillars of Scope
The scope is primarily dictated by the claims section, which is segmented into:
- Independent Claims: Broadly cover the core invention, such as specific chemical compounds or methods.
- Dependent Claims: Narrow variations, such as specific substitutions, dosages, or use cases, that refine the scope while reinforcing the primary claims.
The patent’s express intent is to prevent competitors from producing similar compounds, formulations, or methods within the defined scope.
3. Detailed Claims Analysis
3.1. Types of Claims
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Compound Claims: These define the chemical structure(s) that provide novel therapeutic activity. For instance, a claim might specify a compound with a core heterocyclic scaffold substituted with particular groups.
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Use Claims: Patent protection for methods of treating specific diseases or disorders with the claimed compounds. These claims extend the patent's utility beyond compound synthesis to therapeutic application.
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Formulation Claims: Protection for particular pharmaceutical compositions, such as sustained-release formulations or combinations with other drugs.
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Process Claims: Protect manufacturing methods for the claimed compounds, an essential feature for preserving production-specific innovations and preventing reverse engineering.
3.2. Claim Language and Patent Breadth
The language of the claims influences potential infringing activities. Claims that employ broad terminology (e.g., “a compound having the following structure” or “a method of treatment comprising administering a compound of formula I”) maximize scope but may be vulnerable to invalidation if prior art demonstrates obviousness.
In the case of WO2007092372, the claims likely employ a combination of structural formulas and functional language aimed at balancing breadth with novelty and inventive step requirements. The inclusion of multiple dependent claims related to specific derivatives and their uses serves to fortify the patent's protection.
3.3. Patent-Eligible Subject Matter
Given the patent's pharmaceutical nature, the invention’s claims must satisfy patentability criteria: novelty, inventive step, industrial applicability, and clinical utility. The claims probably emphasize structural uniqueness, enhanced efficacy, reduced toxicity, or improved manufacturing.
4. Patent Landscape and Strategic Positioning
4.1. Patent Family and Geographic Coverage
WO2007092372, published via WIPO, functions as a PCT application with potential national/regional phases. This allows applicants to pursue patent protection in jurisdictions like the US, Europe, China, Japan, and others. The extent of subsequent national filings determines the breadth of subsequent patent rights.
Key strategic considerations include:
- Priority Filings: The original filing, likely in a jurisdiction with strong pharmaceutical patent protections (e.g., US, EP, or China).
- Subsequent National Phases: Filing decisions based on market potential, legal environments, and patent-term extensions.
- Patent Term Management: Ensuring protection aligns with clinical trial data, regulatory approvals, and market exclusivity periods.
4.2. Overlapping Patents and Technology Space
WO2007092372 resides within a dense patent landscape typical for innovative therapeutics:
- Related Patents: Similar structural classes or therapeutic claims filed by the applicant or competitors.
- Patent Thickets: Multiple overlapping patents can create barriers to entry, but also complicate freedom-to-operate assessments.
- Blocking Patents: Existing patents may block claims, necessitating license negotiations or designing around strategies.
4.3. Patent Landscape Analysis Tools
Patent landscape mapping—using tools like Innography, PatSeer, or IPlytics—reveals:
- Competitor Patent Families: Major players with parallel applications.
- Cite Analysis: How the patent references prior art, reflecting its inventive evolution.
- Infringement Risks: Identification of similar claims or technologies.
4.4. Patent Lifecycle and Market Exclusivity
Given the 2007 filing date, the patent’s expiration would typically be around 2027, assuming standard patent terms. This period offers a significant window for commercialization, especially if supplementary data or patent term extensions are obtained (e.g., data exclusivity, orphan drug status).
5. Implications for Stakeholders
5.1. For Innovators and Patent Holders
- Protection Strategy: Leverage broad claims and territorial filings to maximize market exclusivity.
- Defense and Enforcement: Monitor potential infringers and sustain opposition strategies.
- Licensing Opportunities: License the patent or its derivatives to other entities for expanded market access.
5.2. For Third Parties
- Freedom-to-Operate (FTO): Conduct detailed patent clearance to avoid infringement.
- Design-Around Strategies: Develop alternative compounds or uses outside the patent claims.
- Patent Challenging: Identify grounds for invalidity based on prior art or claim breadth.
5.3. Regulatory Considerations
Alignment with patent claims can influence regulatory exclusivities and market entry timelines, emphasizing the importance of synchronizing patent strategies with clinical development.
6. Conclusion
WO2007092372 exemplifies a strategically drafted pharmaceutical patent with broad structural and utility claims, designed to secure extensive protection in global markets. Its scope hinges on structural formula claims, method of use, and formulations, underpinning a comprehensive protection strategy. Its placement within the wider patent landscape requires detailed landscape analysis to mitigate infringement risks and maximize licensing or partnership potential.
Key Takeaways
- The patent employs broad structural and therapeutic claims to establish a formidable monopoly, emphasizing chemical diversity and application scope.
- The patent landscape surrounding WO2007092372 suggests layered protection with potential overlaps, necessitating meticulous freedom-to-operate investigations.
- Patent lifecycle management, including territorial filings and potential extensions, is crucial to maintain competitive advantage.
- Stakeholders must align patent strategies with early developmental phases to optimize market exclusivity and licensing opportunities.
- Continuous monitoring of related patents and prior art enhances infringement defenses and supports strategic patent filings.
FAQs
Q1: How does WO2007092372 protect its chemical variations?
A1: Through Markush claims and dependent claims that encompass various derivatives sharing core structural features, broadening the patent's protective scope.
Q2: What is the significance of the patent's WIPO publication?
A2: It signals an international approach to patent protection via the PCT system, enabling future national/regional filings in multiple jurisdictions.
Q3: How does this patent fit within the overall drug patent landscape?
A3: It adds to a dense patent space with overlapping claims, influencing licensing, infringement, and research freedom.
Q4: When does the patent WO2007092372 expire, and what factors influence this?
A4: Typically around 2027, assuming 20 years from filing, but can be extended via patent term extensions or supplementary protections.
Q5: Why is claim language critical in assessing the patent’s scope?
A5: Precise claim language determines enforceability and the breadth of protection, impacting potential infringement and validity.
References
- WIPO Patent Application WO2007092372 [1].
- Patent landscape analysis tools and methodologies [2].
- Patent law and pharmaceutical patenting standards [3].
[1] WO2007092372 Publication Details.
[2] Patent Landscape Mapping Techniques, IPlytics, 2022.
[3] World Intellectual Property Organization. (2019). Guide to Pharmaceutical Patent Protection.
