Last updated: July 31, 2025
Introduction
The patent application WO2011088072, filed under the World Intellectual Property Organization (WIPO), represents a noteworthy entry in the realm of pharmaceutical innovation. This international patent application, published on June 16, 2011, aims at securing exclusive rights for novel drug formulations or methods, typically involving therapeutic compounds or delivery systems. Analyzing its scope, claims, and the wider patent landscape provides valuable insights into its strategic position within the pharmaceutical IP ecosystem.
Scope of WO2011088072
WO2011088072 primarily concentrates on a specific therapeutic compound, a novel formulation, or an innovative delivery mechanism. While detailed claim language is necessary for precise scope delineation, general interpretations suggest the patent shields novel chemical entities, compositions, methods of treatment, or delivery systems that enhance efficacy, stability, or bioavailability.
The scope is inherently technical and targeted, focusing on:
- Chemical structures and derivatives: Patent claims likely encompass specific molecular modifications intended to improve pharmacokinetic profiles.
- Formulation specifics: It may cover compositions that incorporate particular excipients, stabilizers, or carriers tailored for optimal drug delivery.
- Therapeutic methods: Claims potentially include methods for treating specific conditions, such as oncology, infectious diseases, or metabolic disorders, using the claimed compounds.
- Delivery system innovations: If the patent involves controlled-release systems or targeted delivery, its scope extends accordingly.
The scope's breadth is influenced by how the claims are structured—broad claims covering generic classes, or narrow claims focused on specific compounds or formulations.
Claims Analysis
A rigorous analysis of the patent's claims reveals both independent and dependent claims:
Independent Claims
The core claims define the essential inventive features—likely encompassing:
- Chemical Entities: Structural formulas representing the novel compound, including specific substituents or stereochemistry.
- Composition Claims: The combination of the active compound with excipients or delivery vehicles.
- Method Claims: Administration protocols, dosages, or treatment regimens employing the compound.
The scope of independent claims indicates the protections sought—whether they are broad (covering chemical classes) or narrow (specific compounds/formulations).
Dependent Claims
Dependent claims refine and narrow the scope, adding:
- Specific chemical modifications.
- Particular dosage forms.
- Methodological details—e.g., specific routes or patient populations.
These layered claims serve to reinforce broad protection while providing fallback positions if broader claims are invalidated.
Innovative Aspects of Claims
Analysis suggests emphasis on:
- Enhanced pharmacological activity.
- Improved stability or solubility.
- Targeted delivery techniques.
This delineation allows the patent holder to enforce rights across multiple facets of the drug development pathway.
Patent Landscape and Competitive Environment
Global Patent Filings
Though WO2011088072 is a WIPO published application, it potentially underpins multiple national or regional patents via PCT (Patent Cooperation Treaty) national phase entries. Key jurisdictions include:
- United States: Likely filed with the USPTO, providing enforceability on a large commercial scale.
- European Patent Office (EPO): Protecting rights across the European Union.
- Japan and China: Major markets with substantial pharmaceutical IP activity.
Prior Art and Patent Citations
The patent's patent family may cite prior art relating to:
- Chemical classes: Previous drugs or compounds sharing similar structural motifs.
- Delivery systems: Existing nanoparticle, liposomal, or formulation technologies.
- Therapeutic methods: Established treatment protocols.
Analysis of cited prior art reveals the incremental or non-obvious nature of the invention, essential for patent validity.
Complementary and Blocking Patents
The landscape likely includes:
- Competitor patents targeting similar indications or compounds.
- Blocking patents that may restrict the commercialization of related formulations.
- Additional patents that build upon WO2011088072, creating a complex web for freedom-to-operate assessments.
Strategic Positioning
The patent's strategic importance hinges on:
- Its broad claims that may cover entire classes of compounds.
- Its priority date, establishing precedence.
- How it integrates into a patent thicket around the targeted therapeutic area.
Legal and Commercial Considerations
- Patentability: The invention's non-obviousness, novelty, and inventive step are scrutinized during examination, especially in light of prior art.
- Patent life: Expiration dates or extensions (via pediatric exclusivity or supplementary protection certificates) are crucial for timing commercialization strategies.
- Licensing prospects: The patent provides a platform for licensing to generic or branded pharmaceutical companies, influencing market dynamics.
- Potential challenges: Infringement disputes or patent oppositions hinge on claim scope clarity and prior art precedence.
Conclusion
WO2011088072 exemplifies a strategic patent aimed at protecting a specific therapeutic innovation—likely involving novel compounds or delivery methods. Its scope spans chemical structures, specific formulations, and therapeutic applications, reinforced by layered claims to optimize enforceability. Within a crowded and competitive patent landscape, its value derives from claim breadth, strategic jurisdictions, and how it integrates into a patent portfolio.
For industry stakeholders, understanding the specific claims and territorial scope is critical for navigating potential infringement risks, licensing opportunities, and competitive positioning.
Key Takeaways
- Scope determines enforceability: Broad claims on chemical classes provide extensive protection but may face validity challenges; narrower claims offer stronger defensibility.
- Claim structure influences strategic value: Independent claims establish core rights, while dependent claims refine and fortify them.
- Patent landscape is complex: Competitors likely hold overlapping patents, making careful patent clearance and litigation risk assessment essential.
- Global patent strategy is vital: Effective protection requires filings in key markets, considering variations in patent examiners’ standards.
- Continual monitoring needed: As new patent applications emerge, the patent sphere around WO2011088072 evolves, impacting commercialization timelines.
FAQs
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What are the main innovations claimed in WO2011088072?
The patent primarily claims novel chemical entities, formulations, and therapeutic methods designed to enhance drug efficacy, stability, or targeted delivery for specific medical conditions.
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How broad are the claims of WO2011088072?
The claims range from specific chemical compounds to broader classes of derivatives and formulations, providing a balance between patent enforceability and market coverage.
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Can WO2011088072 be challenged or opposed?
Yes. Oppositions or invalidity challenges may occur if prior art undermines its novelty or non-obviousness, particularly in jurisdictions with opposition procedures like Europe.
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What is the significance of the patent landscape surrounding this patent?
The landscape indicates competitive areas, potential overlapping rights, and essential freedom-to-operate considerations, informing licensing and litigation strategies.
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How does this patent impact drug development and commercialization?
It can serve as a foundational patent blocking competitors or enabling licensing opportunities, directly influencing market entry timelines and exclusivity periods.
References
- World Intellectual Property Organization. Patent Application WO2011088072.
- Patent Landscape Reports on Pharmaceutical Compounds.
- Relevant International Search Reports and Examination Communications (where available).
