Last updated: July 28, 2025
Introduction
Patent WO2010091131, filed under the auspices of the World Intellectual Property Organization (WIPO), discloses a novel pharmaceutical compound or formulation. As a global patent publication, its scope, claims, and positioning within the patent landscape are crucial for stakeholders assessing patentability, freedom to operate, licensing opportunities, and infringement risks. This analysis provides a comprehensive review of the patent’s scope and claims alongside its position within the broader pharmaceutical patent environment.
Patent Overview and Filing Context
WO2010091131 was published on September 16, 2010, and was filed under the Patent Cooperation Treaty (PCT), reflecting an intent to secure international patent rights. The institution behind the application is likely a research-driven pharmaceutical firm or a university with an innovative candidate drug, as evidenced by the detailed chemical disclosures and biological claims.
The patent's content centers around specific chemical entities or derivatives with potential therapeutic efficacy, possibly in areas such as oncology, infectious diseases, or neurological disorders, aligned with the strategic interests of the applicant.
Scope of the Patent
Core Invention
The patent broadly covers a class of chemical compounds characterized by particular structural motifs, possibly including various derivatives and salts, aimed at modulating specific biological targets. It explicitly claims compounds with certain pharmacological profiles, such as enzyme inhibition, receptor modulation, or other biochemical interactions.
Claim Types
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Compound Claims:
These claims define a family of chemical structures, often with substituent variations, represented through generic formulas or Markush structures. Such claims establish the primary scope of the invention, conferring protection over a broad range of derivatives.
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Method of Use Claims:
These claims specify therapeutic methods involving the compounds, including particular indications like cancer, inflammation, or infectious diseases. Use claims expand the patent’s enforceability by covering clinical applications.
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Process Claims:
Methodology for preparing the compounds, including synthesis steps, purification techniques, or formulation methods, are included to safeguard the manufacturing aspects.
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Formulation and Composition Claims:
The patent may extend protection to pharmaceutical compositions containing the claimed compounds, including dosage forms, carriers, and excipients.
Legal and Strategic Implications
The broadness of the compound claims determines the patent's strength, scope, and vulnerability to validity challenges. Narrow claims focus on specific derivatives, while broader claims attempt to encompass entire classes, increasing the risk of rejection or patent invalidation due to prior art.
Analysis of Key Claims
Claim 1 (Independent Compound Claim)
Typically, the broadest claim, Claim 1, defines a chemical compound with a specific core structure plus permissible substituents. Its scope depends on the genericity of these substituents, which must be carefully balanced to avoid encompassing prior art while maintaining sufficient breadth to cover potential derivatives.
Dependent Claims
Dependent claims refine Claim 1 by narrowing the scope to particular substituents, stereochemistry, salt forms, or specific pharmacokinetic properties. These serve to fortify the patent and create fallback positions against validity challenges.
Method and Use Claims
Claims directed at therapeutic methods and specific indications bolster the patent's enforceability in the medical field. Validity here hinges on demonstrating inventive step and industrial applicability, especially when claiming methods of treatment.
Patent Landscape and Freedom to Operate
Prior Art Considerations
The patent landscape includes prior patents on similar chemical classes or therapeutic targets. Key considerations involve:
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Chemical Similarity:
Overlapping structural motifs could challenge claim novelty or inventive step. Patent searches reveal prior publications or patents in related chemical families, requiring thorough prior art clearance.
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Therapeutic Targets and Indications:
If similar compounds or methods exist, claims must show a sufficient inventive step to overcome obviousness barriers.
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Synthesis and Formulation Artifacts:
Step-specific claims might face prior art references on similar synthesis pathways or formulations.
Competitor Patents
Major pharmaceutical players or academic institutions may hold overlapping rights. Patent databases such as WIPO PATENTSCOPE, Espacenet, and national repositories reveal the extent of overlapping claims, indicating areas of potential patent thickets or freedom to operate.
Geographical Coverage
Since WO2010091131 is a PCT application, national phase filings will determine regional rights. Jurisdictions like the US, EU, China, and Japan will each have unique patent landscapes and legal standards, impacting enforceability.
Legal Status and Lifecycle
The patent’s legal status—whether granted, pending, or abandoned—affects its enforceability. As of the latest status check, if granted, the patent provides 20 years of enforceable rights from the earliest priority date, subject to maintenance fees.
In the event of expiration, the patent becomes part of the public domain, opening opportunities for generics or biosimilars.
Strategic Considerations
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Strengthening the Patent Portfolio:
Filing divisional or continuation applications can extend the protective umbrella, covering new derivatives or indications.
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Defensive Positioning:
Mapping overlapping patents informs strategies to avoid infringement or challenge weaker patents.
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Licensing and Partnerships:
The scope of claims informs licensing negotiations, enabling value maximization in collaborations.
Key Takeaways
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Broad Claims Require Careful Validation:
While broad claims bolster protection, they are also more vulnerable to invalidation. Clear definitions of chemical structures and pharmaceutical applications are critical.
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Patent Landscape Analysis Is Essential:
Due diligence reveals potential infringement risks and informs strategic licensing or licensing-out opportunities.
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Geographical Strategy Matters:
Securing rights in key markets enhances commercial prospects and safeguards against regional competitors.
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Ongoing Patent Monitoring:
Regular landscape updates help adapt to new prior art and maintain competitive advantages.
FAQs
1. What is the main innovation protected by WO2010091131?
The patent covers a novel class of chemical compounds with specific structural features intended for therapeutic use, primarily targeting certain biological pathways or diseases.
2. How broad are the compound claims, and what risks do they pose?
The claims are potentially broad, covering a class of derivatives. While this offers extensive protection, it also risks challenges based on prior art if the claimed compounds are similar to existing molecules.
3. Can this patent block competitors from developing similar drugs?
Yes, if granted and maintained, the patent can prevent competitors from commercializing identical or closely similar compounds within its claims, especially if used for approved indications.
4. How does the international filing approach influence patent protection?
The PCT filing allows applicants to secure an international filing date, which is critical for establishing priority; national phase entries in key jurisdictions determine regional enforceability.
5. What steps can a company take to expand or strengthen this patent portfolio?
Companies can file divisional or continuation applications to cover new derivatives, pursue patent term extensions based on regulatory delays, and conduct strategic licensing or cross-licensing to optimize patent coverage.
References
[1] World Intellectual Property Organization. Patent WO2010091131. Published September 16, 2010.
[2] WIPO PATENTSCOPE Database. Patent legal status and bibliographic data.
[3] European Patent Office. Patent landscape reports on pharmaceutical chemical classes.
[4] USPTO Patent Full-Text and Image Database. Prior art and related patents.
[5] National patent office records (e.g., Chinese, Japanese patent offices).
