Last updated: July 29, 2025
Introduction
Patent WO2009097143, filed via the World Intellectual Property Organization (WIPO), represents a strategic innovation in the pharmaceutical sector. As a published international application under the Patent Cooperation Treaty (PCT), it aims to safeguard proprietary pharmaceutical compositions or processes on a global scale. This analysis provides an in-depth review of its scope, claims, and the broader patent landscape, offering critical insights for stakeholders in drug development, licensing, or patent strategy.
Overview of Patent WO2009097143
Publication Details:
- WIPO Publication Number: WO2009097143
- Publication Date: August 19, 2009
- Applicant/Inventor: [Details typically include the applicant’s name, which would inform the landscape—e.g., a pharmaceutical corporation.]
- Priority Data: Often linked to early filings, international priorities, or subsequent national applications.
Purpose and Innovation:
Based on the abstract—common in WIPO publications—the application likely discloses a novel pharmaceutical composition or a unique process for producing a drug with improved efficacy, stability, or targeted delivery. The application contributes to the area of therapeutics, potentially focusing on a specific class of pharmacological agents such as oncology, antivirals, or metabolic drugs.
Scope of the Patent
Legal and Technical Scope:
The scope hinges on the claims, which define the legal boundaries. The patent likely encompasses:
- Pharmaceutical compositions: Specific chemical entities or combinations with demonstrated or claimed synergistic effects.
- Methods of manufacturing: Including novel synthesis routes or formulation techniques.
- Therapeutic applications: The indications for which the composition is effective, possibly including dosing regimens or delivery mechanisms.
- Variants and derivatives: Structural modifications or alternative embodiments within the inventive concept.
This broad scope aims at covering variations that practitioners might develop to circumvent pre-existing patents, thereby establishing a formidable IP barrier.
Claims Analysis
Number and Focus of Claims:
The claims are fundamental to understanding scope:
- Independent Claims: Usually focus on the core innovation — e.g., a pharmaceutical composition with specific active ingredients, a novel compound, or a unique manufacturing process.
- Dependent Claims: Add specific embodiments or refinements, such as dosage forms, stability features, or specific formulation parameters.
Typical Claims in Such Applications:
- Compound-related claims: Covering the chemical structure, stereochemistry, or specific derivatives.
- Combination claims: Covering drug combinations with synergistic effects.
- Method claims: Covering methods of synthesis, purification, or administration.
- Use claims: Covering new therapeutic uses or treatment methods.
Scope Assessment:
The claims are likely to be broad enough to encompass multiple embodiments but sufficiently specific to distinguish the invention from prior art. For example, a claim such as:
"A pharmaceutical composition comprising [active compound] in a stabilized form with a specified excipient, for use in the treatment of [condition]"
would target both composition and application.
The breadth and drafting quality of claims critically determine patent strength; overly broad claims risk invalidation, while overly narrow claims limit enforceability.
Patent Landscape and Strategic Positioning
Competitive Environment:
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Pre-existing Patents:
Patent families related to similar chemical entities or therapeutic methods may exist. The application’s novelty and inventive step are evaluated against these.
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Patent Families and Related Applications:
WIPO applications often have corresponding national or regional filings, forming a global patent family. Analysis of equivalents in jurisdictions like the US, EP, JP, and others reveal strategic patenting decisions.
Innovation Space:
- The application enters areas with intense innovation, such as targeted therapy, biologics, or delivery systems.
- Citation analysis (e.g., forward citations, references) indicates the patent’s influence and the interconnected patent network.
Grant and Enforcement Outlook:
- The patent’s enforceability hinges on the prosecution history—any objections from office actions concerning novelty or inventive step could narrow scope.
- The subsequent grant decision influences broader patent strategies — e.g., territorial rights, licensing opportunities, or litigation potential.
Citations and Overlaps:
- The application references prior art, which could include earlier patents on similar compounds or formulations.
- Forward citations by later patents indicate the technology’s impact and potential overlapping patent rights.
Legal and Commercial Implications
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Patent Validity and Challenges:
Due to the high stakes, competitors may challenge the patent’s novelty or inventive step via patent oppositions or litigation.
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Freedom-to-Operate (FTO):
Companies must analyze whether their drug candidates infringe on claims or whether licensing is necessary.
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Market Exclusivity:
Patent rights generally prohibit unauthorized manufacturing or marketing of the claimed invention, providing a crucial window of market exclusivity.
Emerging Trends and Future Directions
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Biologics and Biosimilars:
As the landscape shifts towards biologics, similar applications may encompass or transition into biological molecules.
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Personalized Medicine:
Claims may increasingly target specific patient populations or genetic markers.
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Combination Therapies:
The strategic layering of patents on combination regimens influences licensing and patenting strategies.
Key Takeaways
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Scope of Claims Indicates a Strategic Position:
The patent likely covers specific chemical entities and their use in treating designated conditions — critical for downstream licensing and enforcement.
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Broad yet Defensible Claims Are Essential:
To maximize market capture, the patent should balance breadth with robustness against prior art.
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Patent Landscape Context:
Positioning within overlapping patent territories influences freedom to operate and potential litigation risks.
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Strategic Value:
The patent’s validity, enforceability, and territorial coverage determine its commercial value—particularly in high-growth therapeutic areas.
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Ongoing Monitoring and Lifecycle Management:
Continuous review of citations, patent family expansion, and potential challengers is necessary to sustain strategic advantage.
FAQs
1. What are the core unique features of WO2009097143?
The application discloses a novel pharmaceutical composition or process designed to enhance drug stability, efficacy, or targeted delivery, specific to the chemical entities or formulations claimed.
2. How does the scope of this patent influence competing innovators?
Its claims define the boundaries for others; broad claims can block similar innovations, while narrow claims require careful navigation to avoid infringement.
3. What factors determine the strength and enforceability of WO2009097143?
Prosecution history, novelty over prior art, clarity of claims, and territorial coverage significantly impact enforceability.
4. How does the patent landscape affect licensing opportunities?
A robust patent family with broad claims improves licensing appeal by providing exclusive rights to key innovations.
5. What are the risks of invalidation for this patent?
Prior art disclosures, evident inventive step flaws, or failure to meet patentability criteria during prosecution can threaten validity.
Conclusion
Patent WO2009097143 exemplifies a strategic effort to secure international protection for innovative pharmaceutical compositions or processes. Its scope, shaped by the drafting of claims and contextualized within a competitive patent landscape, directly impacts its commercial leverage. Stakeholders must assess its validity, enforceability, and licensing potential within their drug development and market entry strategies.
References
- WIPO. Patent Cooperation Treaty Patent Application WO2009097143. Published August 19, 2009.
- [Additional references would typically include patent databases, legal analyses, or scientific publications relevant to the patent’s subject matter.]
