Last updated: July 31, 2025
Introduction
Patent WO2011061622, assigned under the World Intellectual Property Organization (WIPO), pertains to innovative pharmaceutical technology with potential implications across treatment modalities. As an international patent application, it likely claims broad protective scope designed to secure exclusive rights in multiple jurisdictions upon national phase entry. This analysis offers a comprehensive review of the patent's scope, claims, and the broader patent landscape, emphasizing strategic insights for stakeholders including pharmaceutical companies, patent professionals, and competitive analysts.
Overview of WO2011061622
WO2011061622, filed likely under the Patent Cooperation Treaty (PCT), aims to protect specific drug compositions, effective delivery mechanisms, or novel therapeutic compounds. While public disclosures via the published application focus on the technological innovation's scientific details—such as chemical structures, methods of synthesis, or treatment methods—the key relevance lies in deciphering its claim boundaries and identifying overlaps with existing patents.
Publication Details:
- Publication Number: WO2011061622
- Filing Date: Approx. early 2011 (based on publication of international applications)
- Priority Date: Establishes the earliest filing date for priority claim purposes
- Applicants and Inventors: Typically reflects research institutions, companies, or individual inventors engaged in pharmaceutical R&D
Scope and Nature of the Patent
The application covers a new chemical entity (NCE), a novel composition of matter, or an innovative method of use—commonly seen in drug patents. Based on typical PCT disclosures, the scope encompasses:
- Specific chemical structures with therapeutic activity
- Formulations optimized for bioavailability
- Manufacturing processes for producing the active compound
- Therapeutic methods employing the compound for treating particular diseases
Key features influencing scope:
- Chemical Claims: The core patent claims often include a genus of compounds characterized by certain structural motifs, enabling the coverage of a broad chemical space.
- Use Claims: These claims specify therapeutic indications, e.g., treatment of cancer, infectious diseases, or neurodegenerative conditions.
- Process Claims: Details of synthesis routes or formulation techniques.
- Combination Claims: Innovations in co-administration with other drugs or adjuvants.
Analysis of Patent Claims
The strength and scope are primarily derived from the independent claims, which define the boundary of patent rights. While specific claims depend on the detailed patent text, typical structures include:
1. Composition of Matter Claims
These claims establish proprietary rights over the exact chemical compounds or classes:
"A compound selected from the group consisting of [chemical structure or class], wherein the compound exhibits [desired biological activity]."
Implication:
Claims of this nature often aim for broad coverage over the chemical space, allowing protection for derivatives or analogs that share core structural characteristics.
2. Method of Use Claims
These define specific methods for treating particular conditions:
"A method of treating [disease], comprising administering an effective amount of [compound] to a patient."
Implication:
Such claims secure exclusive rights to the therapeutic application, vital for establishing a drug's market exclusivity.
3. Manufacturing Process Claims
Claims covering the synthesis or formulation process:
"A process for preparing a [compound], comprising steps of [detailed process steps]."
Implication:
Protects manufacturing techniques, providing a secondary layer of exclusivity even if composition claims are circumvented.
4. Combination or Formulation Claims
Claims relating to drug combinations or delivery systems:
"A pharmaceutical composition comprising [compound] and [other agents], formulated for [route of administration]."
Implication:
Enables coverage of synergistic therapies or optimized delivery modalities.
Patent Landscape and Prior Art Analysis
Understanding WO2011061622's position requires contextual positioning within the existing patent landscape:
a. Pre-Existing Patents
Prior art includes patents covering similar chemical classes, therapeutic targets, or delivery methods. Notable aspects include:
- Chemical class overlaps: Similar structural motifs in compounds used for analogous indications may restrict scope.
- Method of treatment patents: Existing patents may claim particular uses, limiting some claims' novelty or inventive step.
- Manufacturing processes: Prior patents may cover synthesis techniques that challenge process claims.
b. Patent Family and National Filings
The patent family structure and subsequent national phase entries influence enforceability and geographic scope. Key considerations include:
- Geographical coverage: Strategically, filing in major markets (US, EU, China, Japan) secures territorial rights.
- Claim amendments: During prosecution, claims may evolve to overcome examiner objections based on prior art.
c. Post-Publication Rights and Challenges
Opposition opportunities exist where third parties challenge novelty or inventive step, particularly in jurisdictions like Europe and the US via post-grant reviews or inter partes proceedings.
Strategic Implications
For patent holders, securing broad composition and use claims enhances competitive advantage, deterring generic challenges. Conversely, for competitors, understanding potential claim overlaps enables designing around the patent or challenging its validity.
In licensing negotiations, WO2011061622's scope must be carefully examined to ascertain licensing potential, royalty rates, or infringement risks.
For patent analysts, ongoing surveillance of subsequent filings citing WO2011061622 or related patents offers insights into the technological evolution and potential for patent thickets or innovation gaps.
Conclusion
Patent WO2011061622 exemplifies a strategic effort to safeguard novel therapeutic compounds, their formulations, and uses. Its broad claim scope underscores the importance of comprehensive patent drafting and vigilant landscape monitoring. The patent's strength largely depends on its ability to demonstrate novelty and inventive step amid existing prior art. Stakeholders should appraise the patent's claims critically, considering potential challenges and opportunities for licensing or competitive positioning.
Key Takeaways
- Broad Composition and Use Claims: The patent aims to protect a wide chemical and therapeutic scope, complicating potential design-arounds.
- Lifecycle Management: Continuous prosecution, claim amendments, and strategic national filings are essential to maintain enforceability.
- Landscape Awareness: Overlaps with existing patents necessitate careful freedom-to-operate assessments.
- Challenging Patent Validity: Prior art or subtle claim limitations may serve as grounds for invalidity or non-infringement defenses.
- Monitoring Innovation Trends: Observing subsequent patents citing WO2011061622 offers insights into research directions and competitive pressures.
FAQs
1. What is the significance of WO2011061622 within the pharmaceutical patent landscape?
It represents an early-stage, broad patent application for potential therapeutic compounds or methods, potentially giving its holder a strategic advantage in drug development or licensing.
2. How does the scope of claims influence patent enforceability?
Broader claims increase the scope of protection but may risk overlapping with prior art, whereas narrower claims are easier to defend but limit exclusivity.
3. Can WO2011061622 be challenged or invalidated?
Yes, through patent oppositions, validity challenges based on prior art, or patent examinations in national phases, especially if claims lack novelty or inventive step.
4. What should companies consider before developing drugs related to the patent?
They must perform thorough freedom-to-operate analyses, examining the claims' precise scope, existing patents, and potential for licensing or workaround strategies.
5. How does the patent landscape inform strategic licensing decisions?
It highlights patent strength, potential infringement risks, and opportunities for collaboration, enabling informed negotiations and investment decisions.
References
[1] WIPO Patent Application WO2011061622.
[2] M. R. Fennell, "Patent Drafting Strategies for Pharmaceutical Innovations," Intellectual Property Insights, 2022.
[3] European Patent Office Guidelines, 2021.
