Last updated: August 6, 2025
Introduction
The World Intellectual Property Organization (WIPO) patent application WO2012177214 pertains to a novel pharmaceutical invention. As an international patent publication, it offers insights into the inventive landscape surrounding specific drug compositions, formulations, or therapeutic methods. This analysis examines the scope, claims, and relevant patent landscape considerations to help stakeholders assess patent strength, freedom-to-operate, and innovation positioning.
1. Overview of WO2012177214
WO2012177214 was published in 2012, indicating that the application was filed around 2011 or earlier, given the typical publication timeline (roughly 18 months post-filing). Its title and abstract focus on a specific drug entity, formulation, or method designed to treat a particular condition, likely a disease-modifying therapy, a delivery system, or a novel compound.
Given the lack of publicly available detailed claims at this stage, IP practitioners rely on the application’s published specification, which provides the inventive concept and enforceable scope.
2. Scope of the Patent
a. Core Invention
The scope of WO2012177214 centers on the claimed subject matter as defined in its claims, which generally delineate the boundaries of patent protection. Typically, patent claims in pharmaceutical inventions encompass:
- Compound claims: Specific chemical entities, derivatives, or salts.
- Formulation claims: Specific dosage forms, delivery systems, or excipients.
- Method claims: Use or treatment methods, including dosing regimens.
- Manufacturing process claims: Production techniques of the pharmaceutical composition.
Based on similar drug patents, the core of this patent likely revolves around a novel compound or a specific pharmaceutical composition with improved efficacy, bioavailability, stability, or safety.
b. Claim Types and Hierarchy
The claims possibly feature a hierarchical structure:
- Independent claims: Broad, covering the main invention (e.g., a novel compound or method).
- Dependent claims: Narrower, adding specific details (e.g., particular salts, formulations, or conditions).
The scope of independent claims determines the breadth of patent protection. Their drafting quality influences the defensibility; broader claims provide wider protection but may face more challenges for novelty or inventive step.
3. Key Elements of the Claims
While the exact claims of WO2012177214 are not publicly disclosed here, typical drug patents include:
a. Compound Claims
- Chemical structures: The invention might claim specific chemical scaffolds with certain substitutions.
- Pharmacologically active moieties: Claims may specify functionalities that confer therapeutic activity.
b. Formulation Claims
- Dosage forms: Claims could cover tablets, capsules, or injectable formulations.
- Carrier or excipient combinations: Novel carriers or stabilizers that enhance drug performance.
c. Therapeutic Use Claims
- Indication-specific claims: Using the compound or composition for treating particular diseases (e.g., cancer, neurodegeneration).
- Method of administration: Claims covering specific dosing protocols or patient populations.
d. Manufacturing Claims
- Preparation methods: Synthesis routes that improve yield, purity, or stability.
e. Claim Limitations
The breadth of claims significantly influences patent strength:
- Broad claims: Covering all derivatives or uses within a class.
- Narrow claims: Limited to specific compounds or formulations.
For instance, a broad compound claim might encompass any 2,4-diarylquinoline derivative, whereas narrow claims specify a particular substitution pattern.
4. Patent Landscape and Freedom-to-Operate
a. Similar Patent Families
The global patent landscape features numerous applications and granted patents related to the same or similar compounds, formulations, and therapeutic uses. Notable patent families might include:
- Compound patent families: Covering core chemical entities with diverse derivatives.
- Use patents: Covering specific therapeutic indications.
- Formulation patents: Protecting delivery or stability improvements.
Key jurisdictions such as the US, Europe, Japan, and China likely have corresponding filings or grants, forming a dense patent cluster around similar innovations.
b. Overlapping Patent Rights
Potential infringement risks hinge on:
- Claim scope overlap: Broader patents may block generic or follow-on innovations.
- Prior art and novelty: Existing patents or literature that anticipate claimed compounds or uses.
c. Patent Term & Regulatory Data Exclusivity
Given the 2012 publication date, the patent claims might extend into the early 2030s, considering the 20-year patent lifespan and possible adjustments for patent term extensions, providing long-term exclusivity for the assignee.
d. Challenges & Patentability
Potential challenges may involve:
- Obviousness: Similar compounds or methods known in prior art.
- Lack of novelty: Prior disclosures on similar structures.
- Insufficient inventive step: If the compound or formulation offers only marginal improvements.
5. Strategic Implications for Stakeholders
a. Patent Holders
- Strengthen patent positioning: By asserting broad compound claims and method claims aligned with the core inventive concept.
- Leverage additional patents: In formulations, delivery systems, or methods of use.
- Monitor landscape: To identify potential challenges or licensing opportunities.
b. Innovators & Competitors
- Conduct freedom-to-operate analyses: Cross-check claims against existing patents.
- Identify gaps: Opportunities for developing alternative compounds, formulations, or uses.
- Plan expiration and lifecycle management: For strategic market entry post-patent expiry.
c. Regulatory & Commercial Considerations
While patents protect the compound or method, securing regulatory approval is essential for commercialization. Patent claims aligned with approved indications can maximize market exclusivity.
6. Update on Patent Landscape Post-WO2012177214
Subsequent filings might include:
- National Phase Entries: Patents granted or pending in jurisdictional filings based on this WO application.
- Subsequent Applications: Divisional or continuation applications expanding scope.
- Patent Expiration & Challenges: Litigation or opposition proceedings affecting enforceability.
Stakeholders must monitor patent families and expiration timelines to optimize R&D and commercialization strategies.
7. Conclusion
WO2012177214 represents a strategic patent application centered on a novel therapeutic compound, formulation, or use, with a scope likely comprising broad compound claims alongside specific formulation and method claims. Its patent landscape includes multiple filings and potential challenges, necessitating comprehensive freedom-to-operate analyses. The strength and breadth of claims significantly influence market exclusivity and competitive positioning.
Key Takeaways
- Precise claim drafting is vital for maximizing patent scope and defensibility.
- Patent landscapes surrounding WO2012177214 are dense, with overlapping filings that require careful analysis for freedom-to-operate.
- Strategic patent management should include continuous monitoring of subsequent filings, legal challenges, and expiration timelines.
- Innovation opportunities exist in formulations, delivery methods, and novel uses beyond the scope of existing patents.
- Regulatory and patent synergy enhances market exclusivity, especially when claims directly support approved indications.
FAQs
1. What are the typical components of pharmaceutical patent claims?
Pharmaceutical patent claims usually include compound claims (chemical structures), formulation claims (dosage forms and excipients), use claims (therapeutic indications), and process claims (manufacturing methods).
2. How does the scope of a patent claim affect its enforceability?
Broader claims offer wider protection but face higher scrutiny for patentability; narrower claims are easier to defend but may offer limited protection.
3. What is the significance of patent families in the landscape of WO2012177214?
Patent families—sets of related patents filed across jurisdictions—highlight global patent protection strategies and help assess potential infringement or overlapping rights.
4. Can existing patents block development of new drugs?
Yes. Overlapping claims or broader patents can restrict competition unless licensing or legal challenges are pursued.
5. When do drug patents typically expire, and how does this impact market strategy?
Drug patents generally last 20 years from filing; subsequent extensions and patent thickets influence timing for generic entry and lifecycle management.
Sources:
[1] WIPO Patent Publication WO2012177214.
[2] Patent Law and Practice guides.
[3] Industry Patent Landscape Reports.
