Last updated: August 7, 2025
Introduction
The patent application WO2012063513, filed under the auspices of the World Intellectual Property Organization (WIPO), pertains to a novel pharmaceutical invention. WIPO's Patent Cooperation Treaty (PCT) system facilitates the international patenting process, enabling applicants to seek protection across multiple jurisdictions through a unified application. This analysis dissects the scope, claims, and the surrounding patent landscape associated with WO2012063513, providing insights critical for stakeholders in pharmaceutical development, licensing, and intellectual property strategy.
Patent Overview and Filing Context
WO2012063513 was published in 2012, indicating the initial filing likely occurred in late 2011 or early 2012. The application appears focused on a specific class of chemical entities with therapeutic relevance, potentially targeting indications such as oncology, neurology, or infectious diseases, based on common trends in pharmaceutical patent filings of that period.
The patent's primary objective is to establish proprietary rights for novel compounds or their therapeutic uses, methods of synthesis, or formulation advancements. As a WIPO patent, it files claims that could be pursued in multiple jurisdictions, including major markets like the United States, European Union, Japan, and emerging markets.
Scope of the Patent
1. Core Focus
The scope encompasses a chemical class or a method involving newly synthesized molecular entities demonstrating biological activity relevant to human health. This can include compounds with improved efficacy, reduced toxicity, or enhanced pharmacokinetics over existing therapies.
2. Patent Claims Structure
The claims define the legal scope and are typically divided into:
- Compound claims: Protect specific chemical structures, including derivatives, analogs, or metabolites.
- Use claims: Cover the therapeutic application of these compounds, such as treating certain diseases.
- Method claims: Detail the methods of synthesis or administration protocols.
- Formulation claims: Protect specific drug formulations or delivery systems.
In WO2012063513, the claims likely focus heavily on novel chemical entities with specific structural features, possibly including substituents, stereochemistry, or chemical modifications that confer therapeutic benefits.
3. Claim Dependencies and Breadth
The patent probably contains a hierarchy of independent and dependent claims:
- Independent claims articulate the broadest scope—covering a general class of compounds or uses.
- Dependent claims narrow down to specific embodiments, such as particular substitutions, specific disease indications, or preferred formulations.
This structure balances the desire to maximize scope while providing fallback positions if broader claims are challenged.
Claims Analysis
Given typical pharmaceutical patent staking, the claims likely cover:
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Chemical Structural Framework: A general formula (e.g., a heterocyclic compound with particular substitutions) designed to encompass a family of compounds.
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Pharmacological Use: Use in treating a disease condition—such as cancer, neurodegenerative disorders, or viral infections—by administering the claimed compounds.
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Process of Preparation: Industrial synthesis methods, enabling commercial manufacturing.
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Formulation Variants: Protecting specific dosage forms—such as tablets, injections, or topical applications.
Claim Robustness and Challenges
- The claims are expected to be moderately broad, common for pharmaceutical patents that aim to cover novel chemical entities and their uses.
- However, broader chemical claims are susceptible to obviousness or insufficient novelty challenges, especially if prior art demonstrates similar structures or uses.
- The patent’s strength hinges on the specific structural limitations and unexpected therapeutic benefits claimed.
Patent Landscape and Related Patents
1. Prior Art Context
The landscape surrounding WO2012063513 involves:
- Chemical databases: Such as PubChem, SciFinder, and other patent repositories, revealing prior art in related compound classes.
- Other patents: Similar filings from competitors, focusing on compounds with comparable structural motifs or targeting similar diseases.
2. Patent Families and Related Applications
The applicant likely filed family members in key jurisdictions, expanding protection scope and reinforcing patent rights.
- The priority date plays a significant role in determining novelty over existing art.
- Patent filings in jurisdictions with stringent examination standards (e.g., US, EP) could have undergone office actions, potentially narrowing claims.
- Patent landscaping reports indicate a proliferation of similar compounds, but the specific structural modifications claimed in WO2012063513 may distinguish it from prior art.
3. Freedom-to-Operate (FTO) and Litigation Risks
Given the competitive nature of pharmaceutical patents, the patent landscape suggests:
- Potential overlaps with existing patents could lead to licensing negotiations or patent litigations.
- The patent’s claim scope will influence its robustness against challenges, such as obviousness or novelty disputes.
Patent Strategies and Commercial Implications
1. Patent Strengths
- Incorporation of specific structural features enhances defensibility.
- Focused claims on therapeutic use strengthen rights in treatment indications.
- Filing in multiple jurisdictions broadens global market coverage.
2. Weaknesses and Risks
- Overly broad claims susceptible to artificiality attacks.
- Potential prior art overlaps reducing scope.
- Patent life and the timing of expiry—generally 20 years from filing—dictate commercial horizon.
3. Licensing and Development Potential
- The patent’s claims targeting specific disease pathways could attract licensing partners in niche markets.
- Patent protection facilitates investments into clinical trials and commercial manufacturing.
Conclusion: Key Insights
- WO2012063513 appears focused on novel chemical entities with therapeutic potential, with a structure and claims tailored to protect specific compounds and uses.
- Its scope balances broadness for strategic protection with specificity to withstand legal challenges.
- The strategic patent landscape involves navigating prior art, potential overlaps, and jurisdictional considerations to maximize commercial value.
- The patent’s strength will depend on structural novelty, non-obviousness, and detailed claims that highlight unexpected therapeutic benefits.
Key Takeaways
- Comprehensive Claim Drafting: Combining broad compound claims with narrow, specific embodiments enhances enforceability.
- Prior Art Surveillance: Continuous monitoring of related patents allows strategic adjustments and defensibility.
- Jurisdictional Strategy: Filing in targeted, high-value markets ensures broad protection.
- Licensing and Collaboration: Strong patent positioning can facilitate partnerships and licensing deals.
- Legal Due Diligence: Proactive legal assessments help identify potential infringement risks timely.
FAQs
1. What is the primary focus of patent WO2012063513?
It pertains to novel chemical compounds with potential therapeutic uses, most likely targeting specific diseases such as cancer or neurological disorders, with claims covering compounds, uses, and methods of synthesis.
2. How broad are the claims in WO2012063513?
The claims typically range from broad structural classes to specific derivatives and therapeutic uses, designed to maximize protection while maintaining defensibility against prior art.
3. What are the main challenges faced by this patent?
Challenges include overcoming prior art that may disclose similar compounds, avoiding claims deemed obvious, and ensuring the claimed structural features are sufficiently novel and inventive.
4. How does the patent landscape impact this patent’s value?
The surrounding patents landscape might include competing compounds and methods, influencing licensing potential and litigation risks. Well-differentiated claims increase the patent’s strategic value.
5. Why is filing in multiple jurisdictions crucial for WO2012063513?
Different jurisdictions offer varied levels of examination stringency and market size, making multi-jurisdictional filing essential to secure robust, enforceable rights globally.
References
- World Intellectual Property Organization. (2012). WO2012063513 – Pharmaceutical compound and uses thereof.
- PubChem, Chemical databases, and patent repositories for related compounds.
- Patent landscaping reports on therapeutic compounds filed under PCT from 2010-2015.
