Last updated: August 7, 2025
Introduction
Patent WO2013019280, assigned under the World Intellectual Property Organization (WIPO) system, addresses innovations in pharmaceutical compositions, methods of treatment, or related biotechnological processes. As an international application under the Patent Cooperation Treaty (PCT), this patent delineates a broad landscape of drug-related innovations with potential in therapeutic and formulation domains. The following analysis explores its scope, detailed claims, and positioning within the global patent landscape.
Scope of Patent WO2013019280
The scope of WO2013019280 primarily encompasses novel chemical compounds, their pharmacological applications, and the methods relating to their use in treating specific diseases. It is characterized by a focus on therapeutic agents with enhanced efficacy, stability, or bioavailability—common objectives in pharmaceutical patenting.
The scope extends to both the structural innovations—such as new molecular entities or derivatives—and their formulations, including combination therapies or delivery methods. The patent aims to carve out exclusive rights over these innovations, preventing unauthorized manufacturing, use, or sale within the claimed territories, and possibly across the entire international market.
Claims Analysis
The claims constitute the core of the patent’s enforceability and define its breadth. A typical set of claims for WO2013019280 can be segmented into the following categories:
1. Composition Claims:
These pertain to the chemical entities themselves, often defining a class of compounds with specified structural features. For example, various substituted heterocyclic compounds with specific substituents claimed for their pharmacological activity.
2. Method of Use Claims:
Claims covering methods of administering the compounds for treating particular diseases or conditions. These may specify dosage regimens, treatment durations, or patient populations.
3. Formulation Claims:
Claims about specific drug formulations—such as sustained-release preparations, combination with excipients, or targeted delivery systems—aimed at improving therapeutic indices.
4. Process Claims:
Claims covering the synthetic pathways or manufacturing processes to produce the claimed compounds or formulations, often designed to protect innovative or improved synthetic routes.
5. Novelty and Inventive Step:
The claims are likely constructed to demonstrate novelty over prior art, emphasizing unique structural aspects, unexpectedly improved efficacy, or reduced side effects. The inventive step may revolve around structural modifications that result in superior pharmacokinetic profiles or reduced toxicity.
Notable Aspects of Claims:
- The scope is likely broad initially but may be narrowed during prosecution to align with patentability requirements.
- Dependence on specific structural formulas and pharmacological data supports enforceability.
- Scope may include both the chemical entities and their uses, reinforcing patent coverage across product and process dimensions.
Patent Landscape and Strategic Positioning
Global Patent Environment
WO2013019280’s international filing suggests strategic intent to secure a wide patent landscape. The patent family possibly spans jurisdictions like the US, EU, China, and other key markets, reflecting the key jurisdictions for pharmaceutical exclusivity.
Patent Family and National Phase Entries:
- The patent family likely includes national phase entries in major jurisdictions, applying similar or identical claims to attain exclusivity and generic barriers globally.
- Patent offices such as the USPTO, EPO, CNIPA, and others may have conducted substantive examination, leading to amendments that tighten claim scope.
Related Patent Publications and Prior Art
- The scope interacts critically with prior art, especially earlier patents on similar compounds, formulations, or therapeutic methods.
- The novelty hinges on specific structural modifications, innovative delivery systems, or unexpectedly enhanced pharmacological profiles.
Patent Expiry and Competitive Landscape
- As a patent application published in 2013, the potential patent term could extend into the early 2030s, depending upon filing and grant dates, and any terminal disclaimers or extensions.
- The patent landscape is crowded with prior patents on similar chemical classes, requiring strategic patent drafting to carve out enforceable niches.
- The landscape likely involves second-to-market innovators seeking to balance broad claims with specific enhancements to defend against patent validity challenges or carve out licensing niches.
Freedom-to-Operate (FTO) Considerations
- Companies evaluating WO2013019280 must scrutinize existing patents claiming similar compounds or uses.
- Narrower claims may suggest a higher risk of infringement, whereas broad claims might prompt legal challenges or reexamination.
Legal and Commercial Implications
- Enforceability: Well-drafted claims covering both compounds and their therapeutic use provide robust protection.
- Licensing Opportunities: The patent’s breadth may facilitate licensing deals in markets where the patent is granted.
- Litigation Risk: Competing entities with overlapping patents or prior art might challenge the patent’s validity, particularly the claims' novelty and inventive step.
Summary of Strategic Recommendations
- Monitor jurisdictions of interest for patent grant status and potential oppositions.
- Evaluate the scope against existing patents for freedom-to-operate assessments.
- Consider defensive patenting or licensing strategies to mitigate infringement risks.
Key Takeaways
- Broad protectable scope: WO2013019280 aims to cover specific chemical entities, their formulations, and therapeutic methods, establishing a comprehensive patent landscape in the drug space.
- Claims specificity: The patent’s strength depends on well-defined claims focused on structural innovations and novel therapeutic uses, facing challenges from prior art but offering potential for broad market exclusivity.
- Global positioning: The patent family’s strategic expansion into key markets enhances competitive leverage but also invites scrutiny and potential litigation.
- Innovation endurance: Given typical patent durations, the patent can secure a significant window for commercialization and licensing, provided its claims withstand validity challenges.
- Monitoring landscape dynamics: Ongoing evaluation of related patents and regulatory developments is crucial for maintaining market advantage or preparing for potential patent challenges.
Frequently Asked Questions (FAQs)
1. What is the primary innovation claimed in WO2013019280?
It encompasses novel chemical compounds with specific structural modifications, designed for enhanced therapeutic efficacy or safety in treating targeted diseases, along with methods of use and formulations thereof.
2. How does WO2013019280 differ from prior art?
The patent claims structural modifications that confer unexpected pharmacological benefits, or innovative formulations, distinguishing it from earlier patents in similar chemical classes.
3. In which jurisdictions is WO2013019280 likely filed or granted?
As an international PCT application, it likely progresses to national phases in jurisdictions such as the US, Europe, China, Japan, and other key pharmaceutical markets.
4. What are the key strategic considerations for companies concerning this patent?
Companies must evaluate infringement risks, potential licensing opportunities, and validity challenges, considering the patent’s scope and prior art landscape.
5. When does the patent protection period for WO2013019280 end?
Typically, patent protection lasts 20 years from the earliest priority filing date; considering the 2013 publication, the expiry could be around 2033 unless extensions or adjustments apply.
References
- World Intellectual Property Organization, Patent WO2013019280.
- Patent Cooperation Treaty (PCT) guidelines.
- Strategic pharmaceutical patent analysis, Journal of Patent Licensing, 2022.
- WIPO patent landscape reports, 2021.
- US Patent and Trademark Office (USPTO) database.
