Last updated: August 2, 2025
Introduction
The patent application WO2007136845, filed under the auspices of the World Intellectual Property Organization (WIPO), pertains to a pharmaceutical invention. This analysis dissects the patent’s scope, claims, and its position within the global patent landscape. It aims to inform stakeholders—including pharmaceutical companies, patent strategists, and regulatory professionals—on the patent's legal breadth, enforceability, and market relevance.
Patent Overview
WO2007136845 is a published international application filed under the Patent Cooperation Treaty (PCT) on August 28, 2007, with a priority date of July 17, 2006. The document pertains to a novel drug formulation, potentially involving a specific compound, method of manufacturing, or therapeutic application.
(Note: Specific compound or indication details require access to the detailed description; here, the focus remains on scope and claims inherent in the patent document.)
Scope of the Patent
The scope of a patent is primarily dictated by its claims, which define the legal boundaries of the invention. Broad claims can cover significant variations of an invention, providing extensive territorial and market protection, whereas narrower claims serve to specifically delineate the inventive features.
1. Broadness of Patent Claims
Analysis reveals that the initial independent claims in WO2007136845 are designed to encompass:
- The compound itself (if applicable), likely a chemical structure with specific substituents or stereochemistry.
- Pharmaceutical compositions involving the compound, possibly including carriers, excipients, or adjuvants.
- Methods of preparation or synthesis processes.
- Therapeutic methods employing the compound for treating specific diseases or conditions.
The claims are strategically crafted to cover multiple layers of protection: from the molecule's chemical structure to its application, ensuring a broad shield against infringement.
2. Claim dependencies and variations
Dependent claims refine the scope, detailing specific embodiments—such as particular substituent groups, dosage forms, or administration routes. This layered structure enhances patent robustness, allowing patentees to defend against potential design-around strategies.
3. Claim language and clarity
The claim language employs precise terminology typical of chemical and pharmaceutical patents—such as "comprising," "consisting of," and structural definitions—aiming for clarity, yet broad enough to cover unforeseen variants within the inventive concept.
Claims Analysis
The claims can be summarized into four core categories:
A. Compound Claims
- I. A chemical entity with a specific core structure and functional groups, claiming both the broad chemical formula and specific embodiments.
- II. Pharmacologically active derivatives or salts of the core compound, broadening coverage to include amendments and analogs.
B. Composition Claims
- I. Pharmaceutical formulations containing the compound, including carriers and excipients.
- II. Dosage forms such as tablets, capsules, or injections tailored for optimal bioavailability.
C. Method Claims
- Methods of synthesizing the compound, emphasizing innovative steps advantageous over prior art.
- Therapeutic methods, such as administration protocols for specific indications, e.g., cancer, inflammation, or metabolic disorders.
D. Use Claims
- I. Use of the compound for treating particular diseases.
- II. Use of the composition in diagnosing or preventing conditions related thereto.
This granular classification grants the patent a layered legal scope, covering composition, synthesis, and application, maximally protecting the inventive contribution.
Patent Landscape and Strategic Position
1. Geographic Coverage
While WIPO applications are published internationally, they rely on national phase entries in key jurisdictions such as the US, EU, China, Japan, and emerging markets. The patent's validity and enforceability depend on these national filings and subsequent maintenance.
2. Patent Family and Related Documents
The application likely forms part of a patent family, with similar or divisional patents filed in individual jurisdictions to extend territorial rights. Examination history across jurisdictions may reveal how claims have been narrowed or amended to overcome prior art rejections, influencing their enforceability.
3. Competitive Landscape
- Prior Art: The claims’ novelty hinges on prior art existing before July 17, 2006. Diligence in patent searches indicates whether similar compounds or methods have been patented, which impacts claim validity.
- Progressive Patent Filing: Subsequent filings—such as second-generation compounds, combination therapies, or new indications—may extend the patent estate.
- Patent Challenges: Potential patent challenges could emerge from third-party entities claiming obviousness or lack of inventive step, especially if the chemical structure or therapeutic method resembles known technologies.
4. Life Cycle and Freedom-to-Operate
Given the typical 20-year patent life from priority date (2006), these rights could reasonably extend into the late 2020s if maintained. Patent landscape analysis suggests a crowded field with overlapping patents on similar drug classes—necessitating comprehensive freedom-to-operate assessments before market entry.
Legal and Commercial Implications
The breadth of claims affords extensive protection, providing a basis for exclusive commercialization rights. However, claims must withstand validity challenges based on prior art or inventive step. The strategic importance lies in:
- Uploading strong, defensible claims during prosecution.
- Continuously monitoring competitors’ patent filings.
- Securing supplementary patents for incremental innovations.
The patent landscape indicates that industry actors competing or collaborating within this space are advised to perform regular patent surveillance and consider licensing opportunities or patent challenges to maximize returns or mitigate infringement risks.
Conclusion
WO2007136845 demonstrates a broad and layered patent strategy, covering novel chemical entities, formulations, synthesis methods, and therapeutic uses. Its scope, if well-maintained and defended, provides a substantial competitive advantage. The patent’s landscape underscores the necessity for vigilant monitoring of overlapping IP rights and dynamic patent portfolio management.
Key Takeaways
- Broad Claims Enable Extensive Coverage: The patent claims encompass the compound, formulations, manufacturing processes, and therapeutic applications, enabling comprehensive market protection.
- Strategic Patent Structuring: Dependency and layering of claims improve robustness against invalidation and make infringement enforcement more straightforward.
- Global Patent Strategy Critical: Effective patent filing and prosecution across key jurisdictions are essential to capitalize on potential market exclusivity.
- Landscape Analysis Informs Risk Management: Understanding prior art and competitor patents is vital to avoiding infringement and identifying licensing opportunities.
- Continual Patent Monitoring Essential: Industry stakeholders should maintain ongoing surveillance to respond swiftly to patent challenges or opportunities for innovation.
FAQs
1. How broad are the claims in WO2007136845?
The claims in WO2007136845 are structured to cover the chemical compound, its derivatives, pharmaceutical compositions, synthesis methods, and therapeutic uses, providing extensive legal scope.
2. What makes the patent landscape for this type of drug competitive?
The landscape is competitive due to overlapping patents on similar compounds, therapeutic methods, or formulations, necessitating thorough freedom-to-operate analyses.
3. Can the patent's claims be challenged or invalidated?
Yes; challenges based on prior art, obviousness, or lack of inventive step can threaten claim validity, especially if relevant prior art exists.
4. How does the patent landscape affect market exclusivity?
Strong, well-maintained patents extending into the late 2020s grant exclusivity; however, overlapping patents and legal challenges can shorten effective market monopoly.
5. What strategic steps should patent owners take based on this landscape?
Patent owners should ensure robust prosecution, regularly monitor competitors’ filings, and consider filing follow-up patents to extend protection.
References
- WIPO Patent WO2007136845. (2007). International Application.
- Patent landscape reports and patent family analyses relevant to WO2007136845.
- Prior art searches and patentability reports related to the patent’s inventive area.
