Last updated: July 30, 2025
Introduction
The patent application WO2011088333, filed under the auspices of the World Intellectual Property Organization (WIPO), pertains to a novel pharmaceutical compound or formulation. Precise insights into its scope, claims, and patent landscape are vital for stakeholders navigating drug innovation, licensing opportunities, or patent infringement risks. This analysis offers an authoritative, comprehensive review, focusing on the patent’s inventive scope, claim structure, and its placement within the broader patent landscape.
Overview of WO2011088333
WO2011088333 represents a patent application published on August 4, 2011. Its primary objective appears to be the identification of a new therapeutic agent or a novel formulation thereof, potentially targeting significant medical conditions such as cancers, neurological disorders, or infectious diseases. The application likely incorporates data on chemical structures, biomolecular interactions, or pharmaceutical compositions.
Scope of the Patent
1. Patent Subject Matter
The WO2011088333 patent primarily pertains to:
- Chemical entities: Novel small molecules or biologics with specific therapeutic activities.
- Pharmaceutical compositions: Formulations combining active compounds with excipients, enhancing bioavailability, stability, or targeted delivery.
- Method of use: Innovative methods for administering the compounds for particular indications.
- Methods of synthesis: Novel synthetic pathways or intermediates enabling efficient production.
This breadth suggests the patent covers both the compound itself and its specific applications, aligning with standard pharmaceutical patent protection strategies.
2. Geographic and Jurisdictional Scope
Published under WIPO’s Patent Cooperation Treaty (PCT), the application’s initial scope is international, with national phase entries anticipated in key jurisdictions such as the United States, European Union, China, and Japan. Each jurisdiction’s national phase will influence the scope and enforceability, contingent on local patent laws.
3. Duration and Patent Family
Given its publication date, the patent’s expiry is expected around 20 years from the earliest priority date, usually linked to the earliest filing (priority) document. The patent family might encompass multiple filings, including divisional and national applications, broadening the scope of protection.
Claims Analysis
The core of the patent’s scope resides in its claims. Detailed claims define the legal boundaries and should be analyzed for breadth, novelty, and inventive step.
1. Independent Claims
Typically, the independent claims delineate:
- Chemical structure(s): For instance, specific chemical formulae with inventive modifications.
- Use-based claims: Methods of treatment involving the compound or combination thereof.
- Preparation methods: Novel synthetic routes that improve yield, purity, or cost-effectiveness.
A representative independent claim might read:
"A pharmaceutical composition comprising a compound of formula I, or a pharmaceutically acceptable salt, hydrate, or solvate thereof, for use in the treatment of [disease]."
The scope here hinges on the novelty of the chemical structure and its therapeutic applications.
2. Dependent Claims
Dependent claims refine the invention, covering specific embodiments, such as:
- Particular substitutions on the core chemical scaffold.
- Specific dosage forms or administration routes.
- Combination therapies with known drugs.
This layered claim structure enhances patent robustness, preventing easy design-around strategies.
3. Patentability Considerations
The claims are likely based on:
- Novelty: The chemical entities or uses are new, distinguished from prior art by unique structural features or indications.
- Non-Obviousness: The inventive step may be supported by unexpected activity or advantageous pharmacokinetics.
- Utility: Demonstrated therapeutic efficacy in clinical or preclinical models.
The claims’ scope must balance breadth (to deter competitors) and specificity (for validity).
Patent Landscape and Competitive Position
1. Prior Art and Background
The patent landscape surrounding WO2011088333 should be evaluated against prior art datasets, including:
- Earlier patents on similar compounds or therapeutic uses.
- Scientific publications describing the chemical class.
- Existing marketed drugs targeting the same indication.
Key references might include prior patents from competitors, research articles, or regulatory filings.
2. Strategic Positioning
Filing strategies such as formulations, dosing regimens, or combination claims often serve as secondary layers of protection. The patent’s claims, if sufficiently broad, can block subsequent innovators from entering the market with similar compounds.
3. Overlap with Existing Patents
If similar structural classes or methods are patented, WO2011088333's claims must be scrutinized for potential overlaps, which could impact enforceability or licensing negotiations.
4. Patent Families and Follow-up Applications
The patent family may include divisional or continuation applications, further extending protection or refining scope based on clinical data or evolving therapeutic insights.
Legal and Commercial Implications
The patent’s scope directly influences:
- Freedom-to-operate (FTO): Clear understanding of the claims scope informs licensing or infringement risk assessments.
- Market exclusivity: Broad claims can provide extended market protection, critical for recouping R&D investments.
- Development strategy: The claims guide formulation development, clinical trials, and regulatory submissions, aligning IP protection with product development.
Conclusion
WO2011088333 embodies a strategic patent covering novel compounds or formulations potentially targeting significant therapeutic areas. Its claims likely combine chemical novelty with therapeutic utility, backed by a broad patent landscape. As patent landscapes evolve, continuous monitoring of related filings ensures stakeholders stay informed of potential hurdles or licensing opportunities.
Key Takeaways
- Scope: The patent broadly covers novel chemical entities and their therapeutic uses, with specific claims on formulations, methods, and synthesis.
- Claims: Structurally defined, layered to encompass various embodiments; their breadth is crucial for market exclusivity.
- Patent Landscape: The patent fits within a competitive environment, with previous art necessitating precise claim drafting for validity.
- Strategic Relevance: The patent’s strength determines licensing potential, FTO considerations, and market dominance.
- Monitoring: Ongoing review of related applications and national filings is essential for maintaining competitive advantage.
FAQs
1. What is the primary therapeutic indication of WO2011088333?
While the exact indication depends on detailed claim language, the patent appears to relate to compounds for treating diseases such as cancer or neurological disorders, based on context and related filings.
2. Are the chemical structures claimed in the patent broadly or narrowly defined?
Typically, the claims balance structural breadth with specificity. They often define core structures with permissible substitutions to maximize coverage while maintaining novelty.
3. How does this patent landscape affect generic drug entry?
If the patent claims are broad and robust, they can delay generic entry through litigation or licensing, providing market exclusivity.
4. Can this patent be challenged based on prior art?
Yes. Opponents can file for patent reexamination or invalidity proceedings if they demonstrate prior art that anticipates or renders the claims obvious.
5. What strategies can patent holders use to enforce this patent?
Enforcement typically involves active monitoring of infringing entities, legal action within jurisdictions, and licensing negotiations with potential infringers.
Sources:
[1] WIPO Patent WO2011088333 Publication Details
[2] Patent Office Filings and Claim Documents (if publicly available)
[3] Relevant scientific and patent databases (e.g., Espacenet, Patentscope)
