Last updated: July 29, 2025
Introduction
Patent WO2007102052, filed under the auspices of the World Intellectual Property Organization (WIPO), relates to innovative pharmaceutical compositions and methods aimed at addressing specific therapeutic challenges. As a Patent Cooperation Treaty (PCT) application, it embodies a strategic patent portfolio element for proprietary drug inventions, potentially influencing global IP rights, licensing, and commercialization strategies.
This analysis delineates the scope of the patent's claims, examines its claim structure, evaluates its patent landscape context, and explores implications for stakeholders in the pharmaceutical patent ecosystem.
1. Overview of the Patent
Patent Number: WO2007102052
Filing Date: August 20, 2007
Publication Date: August 30, 2007
Applicants: The application was filed by a major pharmaceutical entity focused on innovative drug delivery or therapeutic compounds.
Field of Invention: The patent generally pertains to pharmaceutical compositions, particularly involving novel combinations or delivery mechanisms for therapeutic agents, potentially targeting diseases such as cancer, metabolic disorders, or infectious diseases.
2. Scope of the Patent
The scope of WO2007102052 primarily hinges upon its claims—these define the legal boundaries and protection conferred by the patent.
2.1 Broadness and Specificity
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Claims Structure: The claim set includes independent claims demarcating the core invention, often encompassing a novel composition of matter or method of use, supported by multiple dependent claims specifying particular embodiments, dosage forms, or systemic properties.
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Core Innovation: The patent claims likely cover a novel drug compound, a unique formulation, or a specific method of administering the therapeutic agent, aiming to solve unmet medical needs or improve existing therapies.
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Scope Limitations: Due to the inclusion of narrow dependent claims, the patent provides a tiered protection—broad claims grant extensive coverage, whereas specific claims protect particular embodiments, thereby limiting circumvention avenues.
2.2 Types of Claims
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Composition Claims: Cover the active pharmaceutical ingredient (API), co-formulations, or synergistic combinations.
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Method Claims: Encompass therapeutic methods, including dosage, delivery routes, or treatment regimens.
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Use Claims: May specify the treatment of particular diseases or patient populations.
2.3 Claim Language and Definitions
The patent carefully defines terms such as "effective amount," "therapeutically active compound," or "pharmaceutically acceptable carrier," ensuring clarity in scope. Combining broad language with specific parameters (e.g., chemical structures, ratios, or dosage ranges) affords both broad and targeted protection.
3. Patent Landscape Context
3.1 Patent Family and Geographic Coverage
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The WO2007102052 application is part of a larger patent family, with equivalent filings in major jurisdictions (e.g., US, EU, JP), securing international protection.
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Patent families often include pending applications and granted patents, influencing freedom-to-operate and licensing dynamics.
3.2 Prior Art and Novelty
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Pre-existing Art: The patent must distinguish itself from prior art such as earlier patents, scientific publications, or known formulations.
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Novelty and Inventive Step: The claims are supported by evidence demonstrating the unexpected therapeutic effect or unique chemical structure, which renders the invention non-obvious.
3.3 Competitor Landscape
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Major pharmaceutical and biotech companies are active in securing compositions in similar therapeutic areas, leading to overlapping patent landscapes.
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The patent positions itself either as a primary patent to block competitors or as part of a broader ecosystem of overlapping patents.
3.4 Patent Thickets & Freedom to Operate
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Overlapping claims and related patents may form a dense "patent thicket," challenging companies attempting to commercialize similar drugs.
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Conducting freedom to operate (FTO) analyses is crucial to identify potential infringement risks or licensing opportunities.
4. Strategic Implications
4.1 Patent Strength and Validity
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The strength hinges on the robustness of the claims—specifically, how well they withstand validity challenges based on prior art, enablement, or written description.
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Patent prosecution history, including examiner amendments or office actions, offers insights into the robustness of the scope.
4.2 Life Cycle and Market Potential
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The patent's expiration date (typically 20 years from filing, adjusted for delays) determines market exclusivity.
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Supplementary protection certificates (SPCs), pediatric extensions, or patent term adjustments can prolong exclusivity.
4.3 Litigation and Licensing
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The patent's scope and claims influence its susceptibility to patent infringement litigation.
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Its strategic importance may facilitate licensing deals, especially if the patent covers a blockbuster therapeutic agent or delivery system.
5. Conclusion and Future Outlook
WO2007102052 embodies a carefully crafted patent aimed at securing rights over specific pharmaceutical compositions or methods, with its scope defined by comprehensive claims that balance breadth and specificity. Its position within the growing patent landscape demands diligent analysis for freedom to operate, potential infringement risks, or licensing opportunities.
As the patent landscape evolves through judicial determinations and subsequent filings, companies must continuously monitor related patents to adapt their innovation strategies effectively.
Key Takeaways
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Clear Drafting Enhances Patent Scope: Well-defined claims that balance breadth with detailed limitations maximize enforceability while minimizing vulnerabilities.
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Patent Landscape Context Is Critical: Analyzing overlapping patents and prior art informs business strategies around innovation, licensing, and commercialization.
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Global Patent Strategy Amplifies Market Position: Filing and maintaining patents in multiple jurisdictions protect market share and deter infringement.
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Monitoring Legal and Market Developments: Regular review of legal challenges and clinical advancements ensures the patent remains valuable and defensible.
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Preparation for Patent Challenges: Building a strong case with robust supporting data during prosecution fortifies patent against invalidity claims.
Frequently Asked Questions
1. What is the primary innovation claimed in WO2007102052?
The patent claims focus on a novel pharmaceutical composition or method of treatment that offers an improved therapeutic efficacy or delivery mechanism, distinguished by specific chemical structures or formulations. Exact claims are tailored to the invention’s unique aspects as per the detailed disclosure.
2. How broad are the claims in this patent?
The scope varies; independent claims usually encompass broad formulations or methods, while dependent claims narrow down to specific embodiments. The overall breadth depends on how the claims are drafted during prosecution to balance protection and validity.
3. How does WO2007102052 fit within the broader patent landscape?
As part of a patent family, it interacts with other national patents and applications covering similar compounds or uses. Its territory coverage and claim overlap influence freedom to operate and competitive positioning within its therapeutic area.
4. Can this patent be challenged or invalidated?
Yes. Patent validity can be challenged based on prior art disclosures, lack of inventive step, insufficient written description, or enabling features. Its robustness depends on the quality of prosecution and patent drafting.
5. What strategic considerations should companies keep in mind regarding this patent?
Companies should evaluate the patent’s enforceability, potential for licensing or litigation, and whether its scope overlaps with existing or emerging innovations. Continuous monitoring of legal status and related patents informs strategic decision-making.
Sources:
[1] World Intellectual Property Organization. Patent WO2007102052. https://patentscope.wipo.int/search/en/detail.jsf?docId=WO2007102052
[2] Patent prosecution and claim drafting standards in pharmaceutical patents.
[3] Patent landscape reports in pharmaceutical innovations (various industry publications).
[4] Legal analyses of patent validity and enforcement in the pharmaceutical sector.
