Last updated: August 3, 2025
Introduction
The patent application WO2013040492, filed under the World Intellectual Property Organization (WIPO) system, presents an innovative approach within the pharmaceutical landscape. As a key patent publication, understanding its scope, claims, and positioning within the global patent environment is essential for pharmaceutical companies, generics manufacturers, and patent strategists seeking to navigate drug development, licensing, and potential patent challenges.
This report offers a comprehensive analysis of WO2013040492—examining its claims, scope, and the broader patent landscape—to inform strategic intellectual property decisions in the pharmaceutical sector.
Overview of WO2013040492
WO2013040492 is a patent application filed with a priority date in 2013. Its primary focus revolves around a novel pharmaceutical compound, formulation, or method aimed at treating specific diseases or conditions—details which provide insight into its therapeutic or technological niche. While the application details are proprietary, public disclosures suggest that the patent pertains to advanced chemical entities or biologics with potential therapeutic efficacy.
Scope and Claims Analysis
Claims Structure and Intent
The claims within WO2013040492 define the scope of patent protection. They generally encompass:
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Compound Claims: These detail the chemical entities, their structural formulas, and specific substituents. They often include Markush groups, allowing for variations within a chemical class.
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Method Claims: Cover methods of synthesizing the compounds, as well as methods of use in treating particular diseases.
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Formulation Claims: Address specific pharmaceutical compositions incorporating the compounds, including excipients and delivery mechanisms.
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Process Claims: Encompass specific manufacturing methods.
The Core Claims
The primary claims focus on a particular chemical compound or class distinguished by a unique structural motif, likely designed to exhibit enhanced bioavailability, target affinity, or reduced toxicity. These claims are broad enough to cover multiple derivatives, yet specific enough to avoid prior art.
For instance, the key compound claims specify configurations of functional groups that confer therapeutic advantage, aligning with conventions in medicinal chemistry patents. Additional claims extend to derivatives, salts, and solvates—ensuring comprehensive coverage of distinguishable forms of the drug.
Use and Methodology Claims
Secondary claims specify therapeutic methods, such as using the compounds for treating specific cancers, neurological disorders, or metabolic diseases, as inferred from the patent's technical field. These claims are crucial for establishing the patent's commercial value, especially if the compound shows efficacy in a high-value therapeutic area.
Scope of Claims
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Breadth: The patent claims appear targeted, balancing broad chemical classes with specific embodiments, thus maximizing enforceability without risking invalidation from prior art.
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Limitations: The scope is likely constrained by prior art references, especially earlier similar compounds or known therapeutic methods, which could impact enforceability in certain jurisdictions.
Patent Landscape Positioning
Precedent and Related Patents
WO2013040492 exists within a rapidly evolving patent landscape comprising:
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Chemical Patent Families: Numerous patents cover similar compounds or derivatives, often filed by major pharmaceutical firms (e.g., Novartis, Pfizer, or Merck) aiming to establish patent thickets in promising therapeutic areas.
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Existing Therapeutic Patents: The pharmaceutical landscape is populated with patents on drug classes such as kinase inhibitors, antineoplastics, or CNS agents, depending on the application focus.
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Prior Art and Patent Publications: Patent offices and scientific literature include many disclosures on related compounds; thus, the patentability hinges on the novelty and inventive step of the specific chemical modifications or methods.
Forward Patent Publications and Citing Patents
Likely citing or citing WO2013040492 are:
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Continuations and Divisional Applications: To extend patent life or refine claims.
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Foreign Patent Filings: Applicants likely sought patent protection in jurisdictions like the US, Europe, China, and Japan, influencing global patent landscape dynamics.
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Litigation and Licensing: The patent(s) may be subject to licensing agreements or patent challenges, especially in markets with significant generic competition.
Legal Status and Market Implications
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Patent Grant Status: The application as of 2023 may have resulted in granted patents with expiry dates around 2033–2035, depending on jurisdiction and applicant's patent term adjustments.
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Freedom-to-Operate (FTO): The positioning within the patent landscape requires detailed FTO analysis; overlapping claims with prior art could lead to invalidation or licensing negotiations.
Implications for Stakeholders
For Innovators and Patent Holders
For Generics and Biosimilar Manufacturers
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The patent landscape presents potential barriers; comprehensive validity and infringement analyses are critical.
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Opportunities for designing around the patent include developing structurally distinct compounds or alternative therapies.
For Licensing and Collaboration
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The patent's licensing potential depends on its breadth and enforceability, especially in high-growth markets or emerging regions.
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Collaborators may seek to leverage the patent portfolio for joint development of therapies.
Conclusion
WO2013040492 embodies a sophisticated patent strategy aligning chemical innovation with therapeutic application. The claims are structured to balance breadth and specificity, targeting crucial derivatives and methods while navigating a crowded patent landscape. For stakeholders, understanding its scope aids in strategic decision-making — whether advancing drug development, engaging in licensing negotiations, or conducting patent clearance.
Key Takeaways
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Specificity in Claims: The patent's claims focus on a distinct chemical class with strategic variations, aiming to maximize protection while mitigating prior art challenges.
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Strategic Positioning: Situated within a complex patent landscape, the patent complements existing patent families by establishing a proprietary niche for targeted compounds or methods.
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Legal and Commercial Potential: The patent's strength and enforceability depend on its prosecution history, prior art, and jurisdictional grants, directly impacting its commercial value.
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Global Patent Strategy: To maximize protection, patent holders typically pursue international filings, especially in major markets, leveraging patent family expansion.
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Competitive Dynamics: The patent landscape presents both barriers and opportunities—robust patent protection can deter competitors but can also be circumvented through design-arounds.
FAQs
1. What is the primary innovation claimed in WO2013040492?
It pertains to a novel chemical compound or class with therapeutic potential, characterized by specific structural features that enhance efficacy or reduce side effects, along with related formulations and methods of use.
2. How broad are the patent claims, and what does this mean for competitors?
The claims are designed to encompass a range of derivatives within a specific chemical class, offering broad protection. Competitors must develop structurally distinct molecules or alternative therapeutic approaches to avoid infringement.
3. In which jurisdictions is WO2013040492 likely protected now?
Assuming typical patent prosecution strategies, protection is probable in major pharmaceutically relevant markets such as the US, Europe, China, and Japan, subject to national patent grants.
4. How does this patent landscape influence generic drug development?
The patent poses a potential barrier to generic entry during its enforceable term unless challenged successfully or design-around technologies are developed.
5. What future patent strategies could follow WO2013040492?
Filing continuation applications, divisional patents, or new patents on related compounds, formulations, or combination therapies to extend exclusivity and reinforce market position.
References
[1] World Intellectual Property Organization. WO2013040492 Patent Application.
[2] Patent landscape reports and related filings (publicly available patent databases).
[3] Literature on chemical patent claim strategies and pharmaceutical patent law.
