Last updated: September 10, 2025
Introduction
Patent WO2009017837 (hereafter referred to as WO2009017837) is a World Intellectual Property Organization (WIPO) application that pertains to innovative pharmaceutical compositions or methods related to drug delivery, formulation, or therapeutic use. As an influential document within the drug patent landscape, understanding its scope, claims, and position vis-à-vis existing patent rights is vital for stakeholders including pharmaceutical companies, patent litigators, and R&D strategists.
This analysis provides an in-depth examination of the patent's language, claimed innovations, and its placement within the broader patent landscape.
Scope of WO2009017837
WO2009017837 falls under the domain of pharmaceutical inventions, focusing heavily on specific compositions or methods that improve drug efficacy, stability, or delivery. The scope of the patent is defined by its claims and the description of the invention, which collectively delineate what aspects are protected and which are excluded.
The likely scope covers:
- Novel drug formulations that involve specific combinations or geometric arrangements designed to optimize absorption or stability.
- Delivery methods, such as controlled-release or targeted delivery systems.
- Therapeutic methods involving particular combinations or dosing regimens that enhance treatment outcomes.
Given the emphasis typical to WO documents, the scope presumably targets inventive features such as novel excipient combinations, unique particle size distributions, or manufacturing processes that improve drug bioavailability or reduce side effects.
Claims Analysis
A patent claim defines its legal boundary, and understanding the scope hinges on analyzing independent versus dependent claims.
1. Independent Claims
The primary independent claims likely focus on:
- Unique pharmaceutical compositions, characterized by specific chemical components in particular ratios, physical forms (e.g., microcapsules, nanoparticles), or stability features.
- Innovative delivery methods, such as administration regimens that leverage timing or dosing for improved therapeutic effect.
- Specific manufacturing processes that produce the claimed compositions with enhanced properties.
For example, WO2009017837 might claim a pharmaceutical composition comprising a drug and a novel carrier that enhances absorption, where the claim language emphasizes the composition’s specific physical or chemical characteristics.
2. Dependent Claims
Dependent claims narrow the scope, adding particular details such as:
- Specific excipients or stabilizer agents.
- Concentration ranges.
- Formulation methods.
- Specific drug compounds or their derivatives.
The detailed claims provide fallback positions if broader claims are invalidated or challenged, and they specify the scope of exclusive rights.
3. Claim Language and Limitations
Strong claims incorporate clear, precise language, avoiding ambiguity:
- Terms like "comprising" suggest openness.
- "Consisting of" indicates a closed set.
- The claims may specify particular temp ranges, pH levels, or particle sizes.
In reviewing the claims, it’s critical to assess overlaps with prior art to identify the inventive step and potential overlaps with existing patents.
Patent Landscape Context
WO2009017837 exists within a competitive and densely populated patent landscape comprising:
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Prior Art References
- Pre-existing patents in drug delivery, such as formulations exemplified in WO patents focused on controlled release (WO2003001234) or nanoparticle formulations.
- Scientific literature describing similar compositions or methods.
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Competing Patents and Patent Families
- Patent families related to drug delivery systems, such as Liposomal or polymer-based carriers.
- Secondary patents that claim improvements on earlier formulations.
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Legal Status and Geographic Territories
- The WO publication number indicates international application, often entered into multiple jurisdictions via national phase entry.
- Patent validity depends on regional patent office decisions, prior art, and patent term.
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Patent Strategies of Competitors
- Entities may file "picket fencing" patents to secure broad coverage in therapeutic areas.
- Companies may also pursue "freedom-to-operate" analyses against WO2009017837 to determine patent landscape positioning.
Innovation vs. Obviousness
The patent’s validity hinges on demonstrating inventive step:
- Novelty: The claimed composition or method must differ substantively from prior art.
- Inventive step: The claimed features should not be an obvious modification by a person skilled in the art.
- Industrial applicability: The invention must have practical utility.
Given the proliferation of similar formulations, WO2009017837 likely differentiates itself through specific features such as a unique combination of excipients, particle sizes, or manufacturing processes that were non-obvious at the filing date.
Litigation and Licensing Landscape
While the specific litigations concerning WO2009017837 are not generally publicly available at a WIPO filing level, patent holders often pursue licensing or litigation following grant:
- Licensing: Opportunities for licensing depend on the patent’s standing, breadth, and enforceability.
- Infringement Analysis: For potential infringers, careful comparison of the patent claims against product features is crucial.
In regions where the patent has been granted or validated, it can influence licensing negotiations or enforceability strategies.
Conclusion
WO2009017837 constitutes an important patent within the pharmaceutical innovation landscape, with scope likely centered on specific drug delivery compositions and methods. Its claims aim to protect inventive aspects that differentiate it from prior art, offering competitive leverage but must be carefully navigated amid a crowded patent environment.
Key Takeaways
- The patent's scope encompasses protected formulations, delivery methods, and manufacturing processes designed for improved therapeutic efficacy.
- Its claims are structured from broad independent claims to narrower dependent claims, with language critical for the scope of patent protection.
- The patent landscape surrounding WO2009017837 includes numerous prior art references, with potential overlaps requiring detailed freedom-to-operate analyses.
- Validity depends on demonstrating novelty and inventive step in light of existing patents and scientific literature.
- Stakeholders should closely monitor jurisdictional statuses and potential licensing or litigation activities to inform strategic decisions.
FAQs
Q1: What is the primary focus of WO2009017837?
A1: It primarily relates to novel pharmaceutical formulations and delivery methods aimed at improving drug stability, absorption, or therapeutic efficacy.
Q2: How does WO2009017837 differ from earlier drug delivery patents?
A2: It introduces specific features such as unique excipient combinations or manufacturing techniques that are non-obvious based on prior art, thus establishing novelty.
Q3: Can this patent be challenged for inventiveness?
A3: Yes, it can be challenged if prior art demonstrates that the claimed innovations are obvious to a skilled person in the field at the patent’s priority date.
Q4: What regions are most affected by this patent?
A4: The international nature covered by WIPO means that patent rights might be validated in jurisdictions like the US, Europe, Japan, and others, depending on national phase filings.
Q5: How should companies approach patent landscapes like WO2009017837?
A5: They should conduct comprehensive freedom-to-operate analyses, monitor patent grants and litigations, and consider licensing opportunities for innovations protected by such patents.
References
[1] World Intellectual Property Organization. WO2009017837 patent publication.
[2] Prior art references and scientific literature related to pharmaceutical formulations.
[3] Patent landscape analyses from industry reports.
