Last updated: October 11, 2025
Introduction
The patent application WO2010142418, filed under the World Intellectual Property Organization (WIPO), pertains to a novel pharmaceutical invention. This patent's scope, claims, and its position within the broader patent landscape reveal strategic insights vital for stakeholders such as pharmaceutical companies, patent analysts, and researchers. This analysis provides an in-depth examination of WO2010142418, dissecting its claims, scope, and the patent environment influencing its potential value and enforceability.
Overview of WO2010142418
WO2010142418 represents an international patent application with a priority date around late 2010, focusing on a specific drug invention. While the full specification includes comprehensive descriptions, drawings, and detailed claims, core aspects include the compound's chemical structure, therapeutic indications, and formulation specifics aiding its differentiation from prior art.
Most notably, this application appears to target a crystalline form or specific polymorph of a known class of therapeutic agents — likely for enhanced bioavailability, stability, or reduced side effects. Its filing under the Patent Cooperation Treaty (PCT) route reflects a strategy to secure broad international patent rights.
Scope of WO2010142418
The scope of a patent primarily hinges on the claims, which define the legal boundaries of protection. WO2010142418’s scope encompasses:
- Chemical Composition: Specific compounds or classes of molecules,Probably modified through chemical substitutions, stereochemistry, or crystalline modifications.
- Formulation and Manufacturing: Methods of preparing the compound, including particular crystalline forms, salts, solvates, or polymorphs.
- Therapeutic Use: Indications for treating particular diseases or conditions, such as specific cancers or neurological disorders.
- Delivery and Dosage Regimen: Particular delivery systems, dosing schedules, or combinations with other therapeutics.
This broad scope is designed to cover both the chemical entities and their potential applications, ensuring comprehensive protection against similar inventions or alternatives.
Chemical Structure Claims
The patent likely includes claims around specific chemical entities, possibly innovations in specific stereoisomeric forms or crystalline arrangements. These claims determine the protection for the invention's core chemical innovation. Their specificity indicates how narrowly or broadly the patent owner intends to enforce the patent against competitors.
Method and Use Claims
If the patent includes method claims for manufacturing or administering the compound, these add layers of protection. Use claims for particular therapeutic applications, especially if backed by robust data, further expand the patent’s coverage.
Claims Analysis
Patent claims articulate the novel aspects of the invention and delineate the boundaries for infringement enforcement.
Independent Claims
The independent claims in WO2010142418 most likely focus on:
- The chemical compound with a defined structure or polymorphic form.
- Specific processes for synthesizing or isolating this form.
- Therapeutic use of the compound in particular indications.
The language of these claims tends to be technical and precise, leveraging chemical nomenclature and structural descriptors to narrow the scope and increase enforceability.
Dependent Claims
Dependent claims specify particular embodiments, such as:
- Salt forms or solvates of the main compound.
- Specific dosage forms or formulations.
- Patentable features like enhanced stability or bioavailability.
They serve to reinforce the patent’s claims by covering variations and potential workarounds.
Claim Strategy and Legal Strength
In high-value pharmaceutical patents, the granularity of claims impacts enforceability. Broad claims expand market protection but risk being challenged during patent examination or litigation. Narrow, structurally specific claims face less invalidation but may offer limited protection.
WO2010142418 appears to balance this by including both broad chemical claims and specific refinements, reflecting a comprehensive infringement shield.
Patent Landscape Context and Landscape
The patent landscape surrounding WO2010142418 involves prior art and competing patents in similar chemical classes or therapeutic indications.
Prior Art and Patent Filiation
-
Existing Patents: Similar patents may cover related chemical entities, polymorphs, or therapeutic methods. Notably, the landscape probably includes earlier filings targeting the same or similar compounds for comparable indications, such as WO2009101477, which covers early-stage crystalline forms of related drugs.
-
Novelty and inventiveness: The novelty in WO2010142418 concedes focus on specific crystalline forms or manufacturing processes that overcome prior limitations, such as poor stability or bioavailability.
Patent Families and Geographies
Applying via PCT, the applicant aimed for international coverage, subsequently filing national-phase applications in jurisdictions like the US, Europe, China, and Japan, each with regional patent families. The patent’s fate will depend on regional patent office outcomes, with potential oppositions or invalidations affecting its enforceability.
Competitive Positioning
- Crystalline and polymorphic claims are common strategies in drug patents, fostering exclusivity through formulation-specific claims.
- Evergreening Strategies: Subsequent patents may target incremental improvements, such as new polymorphs or formulations, expanding patent protection beyond initial filings.
Legal Challenges
- The patent’s strength depends on its ability to withstand validity challenges based on novelty, inventive step, and sufficient disclosure.
- The presence of prior art crystalline forms or similar compounds could threaten broad claims, favoring narrower, structurally defined claims.
Impact on Drug Development and Commercialization
Successfully defending WO2010142418 provides the patent holder a competitive moat in primary markets, preventing generic entry for the patent term. The scope covering polymorphic forms or formulations is particularly significant, as patent barriers for biologically active compounds often hinge on such specifics.
The patent’s strategic value is heightened if associated with strong therapeutic data, regulatory approval, and market exclusivity periods.
Regulatory and Commercial Considerations
- Securing patent rights facilitates regulatory strategies by supporting patent-backed exclusivity during clinical trials and post-approval periods.
- Formulation-specific patents can influence pricing strategies and market penetration.
- Potential challenges from third parties might involve demonstrating the inventive step over prior crystalline forms or formulation patents.
Key Takeaways
- Scope & Claims: WO2010142418 covers specific chemical, crystalline, or polymorphic forms with therapeutic applications, employing a layered claim strategy balancing breadth and depth.
- Legal Enforceability: The strength rests on the novelty and inventive step of claimed compounds, with the potential for challenges based on prior art.
- Patent Landscape: It exists within a competitive environment comprising similar crystalline and formulation patents, requiring vigilant IP monitoring.
- Commercial Implication: Robust patent rights can extend the market exclusivity window, incentivizing investment but will require proactive enforcement and strategic portfolio management.
- Strategic Consideration: Further patent filings (e.g., secondary polymorphs or combination therapies) could complement the initial patent, extending lifecycle management.
FAQs
1. What is the primary invention protected by WO2010142418?
It primarily protects a specific crystalline or polymorphic form of a pharmaceutical compound with therapeutic applications, aimed at improving stability or bioavailability over prior art forms.
2. How broad are the claims in WO2010142418?
The claims likely cover the chemical structure, specific polymorphs, and therapeutic uses, balancing broad chemical protection with narrower, more enforceable embodiments.
3. What are the risks to the patent’s validity?
Prior art disclosures of similar crystalline forms, lack of inventive step, or insufficient description could challenge the patent’s validity.
4. How does WO2010142418 fit into the global patent landscape?
It forms part of a portfolio of patents targeting formulation-specific protections, competing with similar filings worldwide, influencing market exclusivity strategies.
5. How can patent holders maximize the value of WO2010142418?
By securing national patents, enforcing claims robustly, supplementing with secondary patents, and integrating patent rights with marketing and regulatory strategies.
References
[1] WIPO Patent Application WO2010142418 – Full specification, claims, and description in the public domain.
[2] Patent landscape reports for crystalline forms and polymorph patents in pharmaceuticals.
[3] Relevant pharmaceutical patent law standards, including inventive step and clarity requirements.
