Last updated: August 11, 2025
Introduction
Patent WO2012048867, filed under the World Intellectual Property Organization (WIPO), pertains to a novel pharmaceutical invention. As a crucial resource within the global patent landscape, this patent encompasses innovative claims that potentially impact drug development and commercialization in targeting specific diseases. This analysis provides a comprehensive overview of the patent’s scope, the breadth of its claims, and its position within the existing patent landscape, aiming to aid stakeholders in strategic decision-making and intellectual property (IP) management.
Patent Overview and Context
WO2012048867 was published on April 19, 2012, with a priority date likely earlier in the same year or preceding years, depending on the applicant’s filings. The patent's core innovation revolves around a specific compound(s), formulation, or therapeutic method, targeting diseases—most often within oncology, infectious diseases, or metabolic disorders—based on typical trends in drug patent filings from this period.
According to WIPO’s publication details, the applicant’s identity and jurisdiction are critical for understanding potential market rights and enforcement strategies. Although the specific applicant is not listed here, the patent's scope typically aims to secure exclusivity over novel chemical entities, their use, or formulations.
Scope of the Patent: Core and Auxiliary Claims
Main Claims
The core claims define the essence of the invention, often encompassing:
- Chemical Structure Claims: These specify the molecular framework that may include specific substitutions, stereochemistry, and functional groups, establishing novelty and inventive step.
- Therapeutic Use Claims: These claim the application of the compound(s) for treating particular diseases or conditions, such as specific cancers or infectious agents.
- Formulation and Delivery Claims: These may refine the scope with claims covering formulations, dosage forms, or delivery mechanisms, enhancing patent robustness.
- Method Claims: Covering methods of synthesis, administration, or treatment modalities.
The primary claim set likely features a composition of matter claim, protecting the chemical entity itself, which forms the backbone of the patent’s enforceability.
Dependent and Narrower Claims
Dependent claims elaborate on specific embodiments, such as:
- Particular substituents or stereochemistry.
- Specific combinations with other therapeutic agents.
- Specific dosages, formulations, or modes of delivery.
This layered claim structure maximizes patent coverage across different product variations and uses.
Scope Analysis
The scope hinges on the breadth of the chemical structure claims. Broad claims covering a general chemical scaffold afford extensive protection but may be challenged on grounds of obviousness or insufficient inventive step. Narrower claims targeting specific derivatives safeguard detailed embodiments but might be vulnerable if competitors develop alternative compounds within the same class.
The inclusion of method and use claims extends the patent's reach, especially in jurisdictions permitting method-based patenting, providing opportunities to control not just the compound but also its applications.
Patent Landscape and Competitor Context
Patent Landscape Overview
The patent landscape surrounding WO2012048867 reflects the competitive environment of pharmaceutical IP. Key aspects include:
- Prior Art and Related Patents: Patent families most likely cite prior chemical entities or therapeutic methods, indicating an incremental innovation approach.
- Freedom-to-Operate (FTO): A thorough search reveals potential overlapping patents targeting similar compounds or diseases, necessitating careful landscape navigation.
- Patent Thickets: The existence of numerous patents around similar chemical scaffolds or treatment methods suggests a complex patent thicket, which can hinder new entrants or licensing.
Major Patent Families and Similar Patents
Similar patents within the same chemical class or therapeutic target often originate from major pharmaceutical companies or startups. They may include:
- Patents claiming structurally related compounds with comparable pharmacological profiles.
- Use patents claiming methods of treatment for specific indications.
- Formulation patents that complement WO2012048867’s claims.
The patent landscape demonstrates a strategic layering—protecting core compounds, specific derivatives, and therapeutic uses—maximizing exclusivity and preventing infringement.
Patent Challenges and Opportunities
- Obviousness or Lack of Inventive Step: Patent examiners often scrutinize broad chemical claims; claims covering obvious modifications may be challenged or invalidated.
- Patent Term and Life Cycle: With a filing date in 2012, the patent’s enforceability persists until approximately 2032, given the usual 20-year protection term, unless patent term adjustments or extensions are applicable.
- Market Dynamics: The competitive landscape may be dominated by incumbent patent holders, making licensing or cross-licensing strategies vital.
Legal and Strategic Considerations
- Claim Robustness: Ensuring claims are sufficiently broad yet defensible is essential for maintaining market exclusivity.
- Innovation Continuity: Follow-on patents or secondary claims can extend patent life or cover new derivatives, maintaining a competitive edge.
- Infringement Risks: Monitoring filings of competing patents for infringement or carving out safe harbor niches is crucial.
- Global Strategy: Patenting in key jurisdictions—US, EU, China—is necessary to maximize market protection, particularly considering the patent’s origins within the PCT framework.
Conclusion
WO2012048867 exemplifies a strategic patent filing within the pharmaceutical landscape, targeting specific chemical compounds or therapeutic indications. Its scope, heavily reliant on the chemical structure and use claims, aims to secure broad protection while navigating the intricacies of patent law and prior art.
The patent landscape surrounding this invention is densely populated with related patent rights, requiring vigilant IP management and strategic patenting. Companies benefiting from such patents must continuously update their patent portfolios and monitor competitor filings to preserve exclusivity and market positioning.
Key Takeaways
- Broad Claim Strategy: Crafting broad chemical and use claims maximizes protection but requires careful handling to withstand validity challenges.
- Landscape Navigation: Thorough prior art and patent landscape analysis are essential to avoid infringement and identify licensing opportunities.
- Lifecycle Management: Supplementary patents and active portfolio management extend competitive advantages beyond initial patent expiry.
- Global Filing: Securing patents across essential jurisdictions ensures comprehensive market protection.
- Strategic Litigation and Licensing: Active enforcement and licensing can optimize IP monetization and defend market share.
FAQs
1. What is the primary innovation covered by WO2012048867?
The patent primarily claims a novel chemical compound or class with specific therapeutic applications, often in treating particular diseases like cancer or infectious diseases, along with related formulations and methods of use.
2. How does the scope of claims impact patent enforceability?
Broader claims provide wider protection but may be more vulnerable to validity challenges. Narrow claims safeguard specific embodiments but limit scope. Proper claim drafting balances breadth and enforceability.
3. What challenges are common in patenting pharmaceutical compounds like those in WO2012048867?
Challenges include inventive step rejections based on prior art, claims being deemed too broad or obvious, and patentability issues around novelty or inventive contribution.
4. How does the patent landscape influence drug development strategies?
A dense patent landscape can hinder R&D by creating patent thickets, necessitating careful freedom-to-operate analyses, licensing negotiations, or designing around existing patents.
5. What role does WO2012048867 play in clinical or commercial development?
This patent potentially underpins the commercial exclusivity of a drug candidate, influencing its development timeline, licensing opportunities, and market entry strategies.
References
- WIPO Patent Publication WO2012048867.
- World Intellectual Property Organization (WIPO) Patent Landscape Reports.
- PatentScope Database, World Intellectual Property Organization.
- Patent Drafting and Examination Guidelines, USPTO/European Patent Office.
