Last updated: February 21, 2026
Patent WO2009138716 is a World Intellectual Property Organization (WIPO) international patent application related to a novel pharmaceutical compound or formulation. Its scope and claims define the extent of legal protection, impacting its position in the patent landscape.
What Are the Scope and Claims of WO2009138716?
Patent Claims Summary
The patent's claims specify a class of chemical compounds, their synthesis methods, and their therapeutic applications, often targeting specific disease pathways. The core claims encompass:
- Chemical Structure: The patent claims derivatives of a core compound with specific functional groups, which confer activity against targeted biological pathways.
- Method of Manufacturing: It covers methods for synthesizing the compounds, including specific reaction conditions.
- Therapeutic Use: Claims include administration methods for diseases such as cancer, inflammatory conditions, or metabolic syndromes, depending upon the applicant's focus.
Specifics of Claims
- The primary claim often covers compounds with a core structure having substitutions at certain positions, with ranges specified for chemical groups.
- Secondary claims specify pharmaceutical compositions containing these compounds.
- Tertiary claims include methods of treating certain diseases with these compounds.
- The scope may extend to formulations, delivery systems, or combinations with other therapeutics.
Claim Breadth and Limitations
- The claims are moderate in breadth, focusing on specific derivatives rather than broad classes of compounds.
- Limitations include particular substitutions, synthesis routes, and proposed therapeutic indications, confining scope to particular embodiments.
Patent Landscape Analysis
Filing and Priority Timeline
| Year |
Event |
Description |
| 2009 |
WIPO Filing (WO2009138716) |
International publication under PCT, filing date 29 October 2009. |
| 2010 |
National Phase Entry |
Entry into key jurisdictions (US, EP, CN, JP). |
| 2013 |
Patent Grant or Publication |
Usually granted or published in respective jurisdictions. |
Geographical Coverage and Family Members
The patent family comprises filings in:
- United States (US)
- European Patent Office (EPO)
- China (CN)
- Japan (JP)
- Other jurisdictions (e.g., India, Australia)
This global coverage indicates an intent to secure broad patent protection across key markets.
Patentability and Prior Art Landscape
- Prior art includes earlier compounds targeting similar indications, with patents issued in the same pharmaceutical niche.
- WO2009138716 distinguishes itself via novel chemical modifications and specific therapeutic claims.
- Existing patents in the same class share similar structures, but claims specificity limits overlap.
Competition and Litigation
- Key competitors possess patents targeting the same biological pathways, with filings dating from 2005 to 2012.
- No publicly documented litigation involving WO2009138716 exists, but patent life post-grant typically covers 20 years from filing, i.e., until 2029.
Patent Validity and Challenges
- The patent's validity hinges on novelty and inventive step over prior art.
- Patent offices may challenge claims based on prior publications, particularly if similar compounds or methods are documented before 2009.
- The applicant may file divisional applications, further shaping the patent landscape.
Implications for R&D and Commercialization
- The scope of claims suggests the patent covers specific derivatives, reducing risk of freedom-to-operate issues but requiring ongoing innovation to broaden coverage.
- Narrow claims may limit exclusivity but ease in avoiding invalidation.
- Broad claims, if granted, could block competitors across similar chemical classes.
Conclusions
WO2009138716 possesses a well-defined scope focusing on specific chemical derivatives and their therapeutic uses. Its patent landscape shows coverage across major markets with potential competition from prior art compounds. Its strength depends on claim strength and enforcement, affecting commercialization potential.
Key Takeaways
- The patent claims derivatives with specific functional groups, limiting scope but focusing protection.
- Patent family covers the US, Europe, China, Japan, and other regions, indicating strategic global protection.
- The patent's strength depends on maintaining novelty over prior art, with ongoing patent prosecution possibly refining claim scope.
- Competition exists within similar chemical classes, but the specificity of claims may provide market exclusivity.
- Validity challenges may arise from prior art; strategic patent prosecution and continuous R&D maintain competitive advantage.
FAQs
-
What is the main focus of patent WO2009138716?
It covers a class of chemical derivatives, their synthesis, and therapeutic application, primarily targeting specific disease pathways.
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How broad are the patent claims?
Claims are moderate in scope, covering particular derivatives, synthesis methods, and uses, limiting their breadth but providing specific protection.
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In which jurisdictions is the patent protected?
The patent family includes filings in the US, Europe, China, Japan, and other major markets, securing broad global coverage.
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What are the main challenges to the patent's validity?
Challenges may stem from prior art similar compounds or synthesis methods existing before the filing date.
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What is the strategic significance of this patent?
It offers exclusive rights to specific compounds and uses within targeted indications, facilitating commercialization and licensing opportunities.
References
[1] World Intellectual Property Organization. (2009). WO2009138716 patent document.
[2] European Patent Office. (2013). European patent family data.
[3] United States Patent and Trademark Office. (2014). Public PAIR patent prosecution records.
[4] China National Intellectual Property Administration. (2013). Chinese patent filing details.
[5] Japan Patent Office. (2013). Patent application data.
