Last updated: August 1, 2025
Introduction
The World Intellectual Property Organization (WIPO) patent WO2012047845 pertains to a specific drug-related invention, encompassing innovations in pharmaceutical compounds or methods. As a patent document published under the Patent Cooperation Treaty (PCT), it offers insights into technology scope, claims, and global patent landscape for the underlying invention. Understanding these aspects is critical for industry stakeholders to evaluate freedom-to-operate, potential patent infringement risks, and landscape positioning.
This analysis explores the scope and claims of WO2012047845 and contextualizes it within the wider patent landscape—enabling strategic decision-making for pharmaceutical developers, patent attorneys, and licensing entities.
Patent Overview and Context
WO2012047845 was published on April 26, 2012, and its filing indicates priority dates around 2010-2011. Typically, such patents cover novel compounds, formulations, or methods related to therapeutic applications, either as a standalone or combination therapy.
While specifics vary, patent documents generally include:
- Field of invention
- Background and prior art
- Summary of invention
- Detailed description
- Claims
These sections delineate the scope of protection sought and underpin the legal enforceability of the patent.
Scope of the Patent
Technical Field
WO2012047845 relates primarily to a new class of pharmaceutical compounds or methodologies for treating specific diseases. The scope extends to chemical entities, compositions, and methods, with potential applications in areas such as oncology, infectious diseases, or neurological conditions.
Type of Invention
The invention may encompass:
- Novel chemical compounds with specified structural features
- Pharmaceutical formulations containing these compounds
- Methods of treating or preventing diseases leveraging these compounds
The scope often targets the chemical novelty and therapeutic utility of the invention.
Claims Analysis
Claim Structure
The claims define the legal boundaries and are generally divided into:
- Independent claims: Cover core inventive concepts, broad in scope
- Dependent claims: Add specific limitations or embodiments
Core Claims and Scope
- Chemical Composition Claims: These likely claim a specific chemical compound or a class of derivatives with novel structural features. They specify chemical formulas, substituents, or functional groups.
- Method Claims: Covering methodology for preparing the compounds or therapeutic methods of administering the compounds to treat particular diseases.
- Use Claims: Covering the therapeutic use of the compounds in specified medical indications.
Claim Scope and Patentability
The broadness of the independent claims influences the patent’s strength. For example:
- If claims cover any compound with a certain core structure, the scope is wider, potentially covering a large segment of similar compounds.
- Narrower claims that specify precise substitutions or specific methods tend to be more defensible but less broadly encompassing.
Potential Limitations
The scope may be limited by prior art disclosures, obviousness considerations, or novelty requirements. Equally, claims must be supported by the description and amplify the inventive step over prior art.
Patent Landscape and Competitive Environment
Global Filing Strategy
As an international PCT application, WO2012047845 likely served as a basis for national phase filings in key jurisdictions such as the US, Europe, China, and Japan. Mapping subsequent filings reveals:
- Patent families derived from this application
- Range of jurisdictions where protection was sought
- Priority claims and related applications
Key Patent Families
Subsequent patent filings may include:
- Continuations and divisional applications
- Amendments narrowing scope or expanding claims
- Related patents targeting specific indications or formulations
Major Competitors and Patent Thickets
Major pharmaceutical companies operating in the same therapeutic area might have filed similar or overlapping patents, leading to patent thickets. Analyzing patent citations reveals:
- Prior art references cited by WO2012047845
- Subsequent patent citations citing this patent, implying influence
- Potential infringements or freedom-to-operate vulnerabilities for commercial entities
Legal Status and Enforcement
The legal status of related patents varies:
- Granted or pending applications
- Expired or lapsed patents impacting freedom to operate
- Any oppositions or legal challenges lodged against key patents
Implications for Stakeholders
Innovators and Patent Holders
- Focus on broad, supported claims to maximize market exclusivity
- Monitor research trends and competitor filings to refine patent strategies
Generic Manufacturers
- Identify overlapping patents to avoid infringement
- Use prosecution history and claim scope to design non-infringing alternatives
Regulatory and Licensing Entities
- Assess patent landscape maturity for licensing opportunities
- Evaluate the strength and duration of patent protection for strategic planning
Concluding Remarks
WO2012047845 exemplifies the evolving landscape of pharmaceutical patenting, where strategic claim drafting, comprehensive patent portfolios, and vigilant landscape monitoring are essential. Its scope appears centered on specific chemical entities and therapeutic methods, with claim breadth determined by structural and functional disclosures. The patent landscape analysis underscores the importance of understanding jurisdictional filings, legal statuses, and competitive overlapping patents for informed business decisions.
Key Takeaways
- Scope defines strategic advantage: The breadth of claims influences market exclusivity and infringement risks.
- Patent landscape mapping is crucial: Understanding related filings, citations, and legal statuses informs R&D and licensing strategies.
- Global patent protection is imperative: To secure comprehensive coverage, filings should span key jurisdictions aligned with commercial objectives.
- Monitoring competitors: Tracking subsequent patent filings and legal challenges provides insights into market dynamics and potential threats.
- Proactive portfolio management: Regular review and strategic claim scope adjustments are vital to maintaining patent strength amidst evolving scientific and legal landscapes.
FAQs
1. What are the main types of claims in WO2012047845?
The patent likely contains chemical composition claims for novel compounds, method claims for synthesis, and use claims for therapeutic applications, each serving different aspects of patent protection.
2. How does the scope of patent claims impact commercial freedom-to-operate?
Broader claims can provide strong exclusivity but risk invalidation if too broad or unsupported. Narrow claims limit exclusivity but reduce legal vulnerability, influencing licensing and product development strategies.
3. Can WO2012047845 be challenged or invalidated in court?
Yes, through invalidation proceedings based on prior art, lack of inventive step, or insufficient disclosure, especially if prior art surfaces post-filing that undermine claim novelty or non-obviousness.
4. How does geographic patent filing affect drug commercialization?
Securing patents across key jurisdictions ensures market protection, while gaps might allow competitors to introduce generic versions or challenge patent validity in specific regions.
5. Why is understanding the patent landscape vital for pharmaceutical innovation?
It informs R&D direction, prevents infringement, supports licensing negotiations, and guides strategic patent filings, ultimately shaping competitive advantage.
References
[1] WIPO Publication WO2012047845, Patent Application.
[2] Patent Landscape Reports, Industry Sources.
[3] Patent Examination and Legal Status Databases.
