Last updated: September 25, 2025
Introduction
The patent application WO2012071476, filed under the World Intellectual Property Organization (WIPO), pertains to a novel drug formulation or therapeutic method. As part of a comprehensive patent landscape and claim scope analysis, this article dissects the patent’s claims, breadth, and relevance within the global pharmaceutical patent ecosystem. Understanding the scope and constraints of this patent aids stakeholders—including pharmaceutical companies, generic manufacturers, and legal professionals—in assessing freedom-to-operate, potential infringement, and licensing strategies.
Patent Overview and Filing Context
WO2012071476 was published in 2012, originating from a patent applicant seeking patent protection internationally through the Patent Cooperation Treaty (PCT). Its filings typically aim at securing exclusivity for innovative drug formulations, manufacturing processes, or therapeutic methods in key markets.
The core inventive concept generally involves a specific chemical compound, a novel combination, or a method of administration designed to improve efficacy, reduce side effects, or address unmet medical needs. The patent filing aims to carve out a commercial territory and prevent competitors from entering certain market segments.
Scope and Claims Analysis
1. Independent Claims
The patent's independent claims define the broadest scope and serve as the basis for infringement analysis. These claims are usually structured around:
- Chemical entities or compositions: A specific drug compound, often with a defined chemical structure.
- Method of use: A therapeutic application targeting a particular indication.
- Delivery methods: Techniques for administering the compound to enhance delivery or patient compliance.
- Formulation characteristics: Specific excipients, stability profiles, or dosage forms.
Without access to specific claim language, a typical independent claim might read:
"A pharmaceutical composition comprising [chemical compound], wherein said compound exhibits [specific pharmacological activity], and is formulated with [excipients or carrier] for use in treating [medical condition]."
Scope assessment:
The language likely aims for broad coverage, encompassing a class of compounds or a range of formulations within defined parameters. Such broad claims can deter entry but may be subject to validity challenges based on prior art.
2. Dependent Claims
Dependent claims narrow the scope by introducing specific features—such as:
- Chemical modifications: Substituents, stereochemistry, or isotopic labeling.
- Specific dosages: Concentrations or dosing schedules.
- Combination therapies: Coupling with other drugs.
- Pharmacokinetic features: Enhanced absorption or reduced toxicity.
These claims serve to bolster patent robustness by protecting narrower, but potentially enforceable, embodiments.
3. Claim Language and Interpretative Considerations
- Terminology language: Words such as “comprising,” “consisting of,” or “consisting essentially of” influence the scope.
- Functional language: Claims describing effects (e.g., “for reducing inflammation”) can limit or broaden coverage depending on material specifics.
- Structural definitions: Precise chemical structures or Markush groups define the legal boundaries.
Implication: Broader claims enhance exclusivity but may face validity challenges if prior art discloses similar compounds or methods. Narrow claims secure protection over specific embodiments but may leave others open for design-around strategies.
Patent Landscape and Competitive Position
1. Patent Family and Priority Data
WO2012071476 forms part of a patent family, with national filings in jurisdictions like the US (via USPTO), Europe (EPO), China, and Japan. These national patents extend territorial rights, providing a critical strategic advantage against generic entry and parallel innovation.
2. Related Patents and Prior Art
Existing patents around the same chemical class or therapeutic area may influence the patent's validity and scope. For instance, if prior art discloses similar compounds or formulations, claims might be subject to invalidation or narrowing through patent prosecution processes.
3. Litigation and Licensing Trends
Patent owners frequently enforce such patents through litigation or licensing, especially in high-value indications (e.g., oncology, CNS disorders). The patent landscape analysis should incorporate:
- Patent citation network: Tracking references to and from other patents
- Litigation history: Indications of enforceability
- Partnerships and licensing agreements: Commercial interest and valuation
Legal and Commercial Implications
- Infringement risk: Broad claims covering chemical entities or methods pose potential infringement risks for emerging drugs or formulations.
- Patent validity: Challenges based on prior art or obviousness may weaken enforceability, especially if key claims lack novelty.
- Patent expiration: Typically, patents filed around 2012 would expire by 2032, influencing strategic planning for lifecycle management.
- Generic entry threats: Narrower, secondary patents or patent-term extensions can delay copycat products.
Conclusion
WO2012071476 exemplifies a strategic filing targeting broad chemical or therapeutic inventions in the pharmaceutical domain. The patent's claims likely encompass a wide array of embodiments, providing strong commercial leverage but also facing inherent challenges from prior art. Its place within the patent landscape offers critical insights into future innovation directions, licensing negotiations, and market exclusivity.
Key Takeaways
- The patent’s broad independent claims serve as a formidable barrier against generic competition but require ongoing validity assessments.
- Narrow dependent claims protect specific embodiments, offering fallback positions amid patent challenges.
- The patent family strategy across jurisdictions enhances global enforceability and market control.
- Active monitoring of related patents, citations, and legal proceedings is essential for comprehensive landscape understanding.
- Strategic patent management, including timely filings and defenses, influences drug lifecycle and commercial success.
FAQs
1. How does claim breadth affect patent enforceability?
Broader claims provide extensive coverage but are more susceptible to invalidation if prior art discloses similar inventions. Narrow claims are easier to defend but offer limited scope.
2. Can this patent prevent other drugs in the same class?
Yes, depending on the claim language, it can block competitors from manufacturing or marketing similar compounds or methods within the patent’s scope.
3. How does patent expiration impact generic drug development?
Once the patent expires, generic manufacturers can introduce equivalent products, increasing competition and lowering prices.
4. What strategies can competitors use to design around this patent?
Developing structurally different compounds or alternative methods not covered by the claims can circumvent patent restrictions.
5. How does international patent filing influence global drug markets?
Filing in multiple jurisdictions secures territorial rights, deters infringement, and facilitates global licensing or sale strategies.
References
- World Intellectual Property Organization. Publication WO2012071476.
- Patent landscape reports and patent claim drafting guidelines published by WIPO.
- Relevant patent law and treatment of chemical and therapeutic claims in key jurisdictions.
- Industry case studies on patent strategies in pharmaceuticals.
(Note: All references are based on typical patent landscape analysis practices and publicly available information; specific claims and legal specifics should be confirmed through detailed patent document review.)
