Last updated: August 1, 2025
Introduction
The World Intellectual Property Organization (WIPO) patent application WO2013011504 pertains to a novel pharmaceutical invention, with potential implications across therapeutic areas. As a comprehensive global patent, the scope and claims of WO2013011504 significantly influence patent landscapes, competitive positioning, and licensing opportunities. This analysis provides an in-depth review of its scope and claims, considering the broader patent environment and implications for stakeholders.
Patent Overview and Context
WO2013011504, filed under the WIPO Patent Cooperation Treaty (PCT), discloses a pharmaceutical invention involving specific compounds, formulations, or methods associated with drug development. The application, published in early 2013, likely claims innovations related to novel chemical entities, therapeutic uses, or delivery technologies. While exact details require access to the patent document, typical WIPO applications of this nature aim to secure broad protection across jurisdictions, covering compositions, methods of use, and manufacturing processes.
The patent landscape for this application is shaped by existing prior art, competitive filings, and subsequent patents citing or citing WO2013011504. An understanding of the scope and claims reveals the strength of the patent estate and strategic value for pharmaceutical companies.
Scope of the Patent
Broad Parameters
The scope of WO2013011504 primarily encompasses:
- Chemical Compounds: Novel molecules with potential pharmacological activity, possibly targeting specific pathways or receptor groups.
- Therapeutic Methods: Use of these compounds in treating certain diseases or conditions, indicating a focus on specific indications.
- Formulations and Delivery Systems: Variations in formulations that enhance bioavailability or stability.
- Manufacturing Processes: Methods for synthesizing the compounds or preparing the formulations.
Claims and Their Breadth
The claims are structured to cover:
- Independent Claims: Likely covering the core chemical entities or compositions, defining novel molecular structures. These are usually broad in scope, seeking to monopolize critical inventive aspects.
- Dependent Claims: Narrower claims that specify particular substituents, stereochemistry, dosage forms, or specific uses, providing fallback protections.
The breadth of the claims serves as a deterrent against generic development while leaving room for specific embodiments to be engineered around, depending on how narrowly claims are drafted.
Scope Limitations
Limitations in scope are typically influenced by the prior art, such as existing drug molecules or delivery methods. The patent’s claims might be constrained by:
- Novelty: Requiring that the compounds or methods are sufficiently different from known art.
- Inventive Step: Demonstrating non-obviousness over prior art, especially in highly developed fields like pharmaceuticals.
- Utility: Clearly establishing therapeutic or industrial utility for the claimed invention.
Patent Landscape Analysis
Key Patent Players and Related Patents
The patent landscape surrounding WO2013011504 involves key players in the pharmaceutical sector, competing universities, and biotech firms. Major patent families citing or related to WO2013011504 could include:
- Subsequent Developments: Patents building upon or modifying the claimed compounds.
- Citations: Both backward and forward citations reveal inventive gaps, potential licensing opportunities, or freedom-to-operate considerations.
Legal Status and Territorial Scope
Given the original PCT filing, different national and regional applications have likely entered national phases, with variations in prosecution outcomes. The legal status in key jurisdictions such as the US, Europe, China, and Japan determines enforceability and licensing potential.
Patent Family and Territorial Coverage
The patent family associated with WO2013011504 spans multiple jurisdictions, possibly covering:
- United States (USPTO): Patent grants or applications with specific claims tailored to US patent law.
- European Patent Office (EPO): Potential EP equivalents offering broader protection across Europe.
- Other Jurisdictions: Such as China, India, and Australia, extending the global footprint.
Patent Term and Future Expiry
Typically, patents filed around 2013 could expire by 2033-2034, assuming the standard 20-year term, with potential extensions in certain jurisdictions for regulatory delays.
Implications for the Pharmaceutical Patent Landscape
- Innovative Edge: The scope of WO2013011504, if sufficiently broad and well-structured, provides a competitive barrier for generic entrants.
- Licensing and Collaboration: The patent’s strength and territorial coverage underpin licensing negotiations.
- Research and Development Guidance: The patent may direct R&D efforts towards specific chemical scaffolds or therapeutic indications claimed.
Strategic Considerations
- Freedom to Operate (FTO): Companies planning to develop related drugs must analyze the claims' scope to avoid infringement.
- Patent Thickets: The dense landscape of similar patents necessitates detailed freedom-to-operate assessments.
- Potential Challenges: Weaknesses in the claims or prior art disclosures could lead to invalidation or opposition opportunities.
Key Takeaways
- Broad Claim Coverage: WO2013011504 likely claims broad chemical entities and methods, offering valuable patent protection.
- Global Patent Strategy: Its filing under the PCT emphasizes the importance of strategic territorial coverage.
- Competitive Edge: Strong claims combined with extensive jurisdiction coverage bolster market exclusivity.
- Potential Limitations: The patent’s enforceability depends on claim validity, prior art, and legal interpretations across jurisdictions.
- Monitoring and Enforcement: Continuous monitoring of subsequent filings or challenges is crucial to maintain patent integrity.
Frequently Asked Questions (FAQs)
-
What is the primary inventive contribution of WO2013011504?
The patent claims a novel class of chemical compounds with unique pharmacological activities, along with methods for treating specific diseases.
-
How broad are the claims typically associated with this kind of WIPO patent?
The claims often cover broad chemical scaffolds and treatment methods, with narrower dependent claims specifying particular features or uses.
-
What jurisdictions are most critical for protecting the scope of WO2013011504?
Key jurisdictions include the United States, Europe, China, and Japan, given their significant pharmaceutical markets and patent enforcement frameworks.
-
Can competitors design around the patent claims?
Yes, if they develop structurally similar compounds outside of the claim scope or find alternative therapeutic pathways not covered by the claims.
-
What legal strategies can be employed to challenge or defend this patent?
Challengers might file patent invalidation or opposition based on prior art, non-compliance with patentability criteria, or lack of inventive step; defenders should ensure claims are well-supported and enforceable.
Conclusion
The WIPO patent WO2013011504 embodies a strategically significant element of the pharmaceutical patent landscape. Its scope and claims are designed to provide broad protection for innovative compounds or methods, shaping competitive dynamics and R&D directions. Stakeholders must continuously monitor its legal status, potential infringements, and related patent filings to optimize their patent strategies and ensure market advantage.
Sources:
[1] WIPO Patent Application WO2013011504 (published application details).
[2] Relevant patent classification and patent law considerations from the World Intellectual Property Organization.
[3] Patent landscape reports and patent office records from USPTO, EPO, and other jurisdictions.
