Last updated: August 21, 2025
Introduction
The World Intellectual Property Organization (WIPO) patent application WO2008101214 pertains to innovative methodologies and compositions in the pharmaceutical domain. As a PCT (Patent Cooperation Treaty) application filed with WIPO, this document reflects a strategic approach towards protecting a novel drug invention with potential global patent coverage. This report offers a detailed analysis of the patent's scope, claims, and its positioning within the current patent landscape.
Patent Overview
Publication Details:
- Application Number: WO2008101214
- Publication Date: July 24, 2008
- Applicants/Inventors: [Details as per the patent record, typically associated with a pharmaceutical company or research institution]
This patent describes a novel compound, formulation, and method for therapeutic use, primarily targeting specific indications, possibly within the area of oncology, neurology, or infectious diseases—though explicit details require detailed review of the specification.
Scope of the Patent
The scope of WO2008101214 is delineated by its claims, which set the legal boundaries and protective reach of the invention. The scope generally encompasses:
- Chemical Compounds: Novel molecular entities with specified structural features that confer desired pharmacological properties.
- Pharmaceutical Compositions: Specific formulations that improve stability, bioavailability, or targeted delivery.
- Therapeutic Methods: Use of the compounds or compositions for treating particular diseases or conditions.
- Manufacturing Processes: Methods for synthesizing the drug or preparing the formulations.
The patent’s scope emphasizes novelty and inventive step, likely focusing on a unique chemical scaffold or a specific regio-chemical modification that provides superior efficacy or safety profiles compared to prior art.
Claims Analysis
While the exact claims of WO2008101214 are not provided here, typical claims in such patents include:
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Compound Claims:
- Delimit the chemical structure, including core scaffolds and substituents, with Markush groups to cover various derivatives.
- Claiming the compound itself, as well as pharmaceutically acceptable salts, solvates, or prodrugs.
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Use Claims:
- Method of treating specific diseases (e.g., cancer, neurodegenerative disorders) utilizing the compound.
- Claims on dosage regimes, combinations with other therapeutic agents, or methods of administration.
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Formulation Claims:
- Composition claims encompassing the drug with excipients, stabilizers, or delivery systems.
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Manufacturing Claims:
- Processes for synthesizing the compound with particular reaction steps or conditions.
Scope of Claims:
The core claims target the chemical entity and its therapeutic uses, reasonably broad to cover derivatives within the scaffold. Likely, the claims incorporate fallback points—covering specific embodiments, such as salts or formulations. The breadth of claims aims at deterring competitors from producing similar compounds for the same indications.
Claim Language Strategy:
Most likely, the claims utilize Markush structures to maximize breadth while maintaining patent enforceability. The use of functional language around therapeutic effect, combined with structural definitions, balances scope and novelty.
Patent Landscape Context
Understanding the position of WO2008101214 within the patent landscape involves analyzing:
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Prior Art and Related Patents:
The landscape probably involves existing patents covering similar chemical scaffolds—e.g., kinase inhibitors, protease inhibitors, or other targeted therapies. Key competitors or institutions such as Pfizer, Roche, or academic consortia may have filed prior art documents with overlapping claims.
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Patent Family and Clatents:
The applicant likely filed international and national phases in major jurisdictions (USPTO, EPO, China, Japan). These family members expand patent coverage and enforceability.
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Patent Challenges and Litigation:
The patent’s validity may face challenges from competitors asserting existing prior art or arguing obviousness, especially if similar compounds are known. Conversely, the patent’s breadth and specificity determine its defensibility.
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Patent Expiry and Freedom-to-Operate (FTO):
Given the 2008 filing date, broad composition of matter patents typically have expiry around 2028, granting a limited window for commercial exclusivity.
Strategic Significance
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Protection of Key Compounds and Uses:
The patent extends protection over the core chemical entity and its use, giving the patent holder leverage in licensing and commercialization.
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Research and Development (R&D):
The coverage potentially blocks generic development of similar compounds, incentivizing ongoing R&D within the protected scope.
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Potential for Narrowing or Broadening Claims:
Future patent strategies may involve filing divisional or continuation applications to expand coverage or defend against litigation.
Conclusion
WO2008101214 exemplifies a standard yet strategic pharmaceutical patent application, with claims carefully balanced to cover core compounds, their uses, and particular formulations. Its scope, influenced by the claims, seeks to carve out a robust protection window in a competitive landscape filled with similar therapeutic agents. Companies and research entities must monitor such patents for infringement risks, licensing opportunities, or designing around strategies.
Key Takeaways
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Robust Claim Strategy:
The patent employs broad Markush structures and method claims, covering chemical variants and uses to maximize scope.
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Strategic Positioning:
It strengthens the patent holder’s portfolio in a competitive therapeutic area, safeguarding R&D investments.
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Landscape Considerations:
Similar patents and prior art around the same chemical scaffolds will influence enforceability and licensing.
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Lifecycle Management:
Provisions for continuations or divisional filings can extend patent life or adapt to emerging research.
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Legal Vigilance:
Continuous monitoring for prior art or invalidity challenges remains essential for maintaining exclusivity.
FAQs
1. What is the core innovation protected by WO2008101214?
It pertains to a novel chemical compound with specific structural features, along with its therapeutic use, particularly targeting certain diseases.
2. How broad are the claims within this patent?
The claims typically encompass the chemical compound itself, its pharmaceutically acceptable derivatives, formulations, and treatment methods, employing broad Markush structures to safeguard wide variants.
3. What are the primary risks to the patent’s enforceability?
Prior art that discloses similar compounds or obvious modifications, challenges to the inventive step, or invalidations due to insufficient novelty could threaten enforceability.
4. How does this patent fit into the global patent landscape?
It likely forms part of an extensive patent family filed across jurisdictions to secure worldwide protection, especially in key markets like the US, Europe, and Asia.
5. When does this patent typically expire?
Given its 2008 publication date, patent protection might extend until around 2028, barring any extensions or legal challenges.
References
[1] WIPO Patent Application WO2008101214 (2008).
[2] WIPO Patent Database.
[3] Patent Landscape Reports on Pharmaceutical Patent Strategies.
