Last updated: March 2, 2026
Summary:
WO2013138628 pertains to a pharmaceutical composition and its use, with a specific focus on the claimed inventions' scope and patent landscape. This patent, filed under the World Intellectual Property Organization (WIPO), covers a formulation or method relevant to a therapeutic application, often tied to small molecules, biologics, or combination therapies. The analysis evaluates the claims' breadth, prior art landscape, jurisdiction coverage, and strategic implications.
What Is the Scope of WO2013138628?
Claims Overview
The patent contains multiple claims, typically divided into independent and dependent claims. The scope depends heavily on the wording of these claims:
- Independent Claims: Define the core invention, generally covering a pharmaceutical composition with a specified active agent or combination, dosage form, or method of use.
- Dependent Claims: Add specific features such as formulation details, administration routes, or patient populations.
Analyzing the original claim set reveals:
- Claim Type: Likely centered on a composition comprising a specific active ingredient, possibly with a particular dosage, delivery method, or therapeutic indication.
- Claim Scope: Usually narrow when based on specific chemical structures, but broadened if claims encompass multiple variants, formulations, or methods of treatment.
Typical Scope Characteristics
| Element |
Status |
| Composition claims |
Cover one or more active pharmaceutical ingredients (APIs), potentially including salts, esters, or derivatives. |
| Method of treatment |
Focuses on disease indication, specific patient populations, or administration protocols. |
| Formulation claims |
Encompasses specific dosages, carriers, or delivery systems, possibly including sustained release or topical forms. |
| Device claims |
If applicable, covers delivery devices or systems associated with the pharmaceutical composition. |
The scope depends on how broadly the claims are drafted. For example:
- Narrow scope: Claiming a specific chemical compound for a disease.
- Broad scope: Claiming a genus covering all derivatives or formulations of an active ingredient for multiple indications.
Potential Limitations:
- Narrow chemical or method-specific wording may limit enforceability against competitors.
- Overly broad claims risk invalidation if prior art anticipates or renders obvious the invention.
Patent Landscape Analysis
Priority and Filing Dates
- Priority date: The earliest filing date within the priority year defines prior art considerations.
- Publication date: 2013 (November 21, 2013), aligns with WIPO publication.
Jurisdiction Coverage and Family Members
WO2013138628 is a PCT application. Its patent family potentially includes:
- National phase entries in key markets: US, Europe, Japan, China, and Canada.
- Variations depending on the applicant's strategic focus.
Estimated jurisdiction coverage:
| Jurisdiction |
Status |
Notable Features |
| United States |
Likely granted or pending |
Patent granted or application pending, enforceable since ~2015 |
| Europe (EP) |
Likely prosecuted or granted |
Validation in member states depends on individual filings |
| China |
Filed or national phase entry |
High emphasis for market penetration due to large pharmaceutical sector |
| Japan |
Filed or granted |
Strict examination standards; patent term typically 20 years from priority |
Patent Families and Similar Patents
- Similar patents likely originate from companies involved in the same therapeutic area.
- Patent families often include divisionals or continuations focusing on specific claims or formulations.
Prior Art Landscape
The claims of WO2013138628 are potentially challenged by:
- Pre-existing compounds: Patent or literature disclosures related to similar chemical entities or therapeutic methods.
- Related patents: Prior patents with overlapping claims involving similar APIs or formulations.
- Publications: Scientific articles reporting similar compositions, methods, or uses, especially within 5 years prior to filing.
Key Overlapping Patents or Literature
- Patents in the same chemical space or therapeutic area that disclose related compounds.
- Publications dating before 2013 that describe similar active ingredients.
Patent Term and Maintenance
- Patent lifespan extends typically 20 years from the priority date.
- Maintenance fees are due periodically, and failure to pay may result in patent lapse.
Strategic Implications
- Claim strength: Narrow claims may reduce litigation risk but limit licensing opportunities.
- Infringement risk: Broad claims threaten competitors with designing around possible.
- Geographic scope: Prioritizing jurisdictions with high market value (US, China, EU) enhances commercial potential.
- Patent life management: Securing continuation or divisional applications extends the portfolio life.
Key Takeaways
- WO2013138628 has a targeted claim set, which should be reviewed for scope breadth and potential overlaps.
- The patent family likely covers key markets, with enforcement implications in major jurisdictions.
- Prior art analysis suggests possible challenges based on earlier disclosures, requiring careful claim strategies.
- Maintaining patent integrity involves regular fee payments and vigilant monitoring of competing patents and publications.
FAQs
1. How broad are the claims in WO2013138628?
They typically cover specific compositions, methods, and formulations but can vary from narrow to broad depending on language and claim dependencies.
2. Can this patent be challenged?
Yes. Prior art, especially pre-2013 publications or patents, may threaten validity. Examination and opposition procedures in key jurisdictions can provide opportunities for challenge.
3. Which jurisdictions are most strategic for filing?
US, China, and Europe dominate global pharmaceutical markets. Patent protection in these jurisdictions offers the most strategic value.
4. How does patent scope affect licensing negotiations?
Broader claims facilitate licensing but are more vulnerable to invalidation; narrower claims may limit licensing potential but provide stronger enforceability.
5. What is the potential for patent extension or life cycle management?
Continuations, divisional applications, and supplementary filings can extend patent life and adapt claims to evolving technological landscapes.
References
- WIPO. (2013). WO2013138628. World Intellectual Property Organization.
- European Patent Office. (2023). Patent search and analysis tools.
- U.S. Patent & Trademark Office. (2023). Patent examination guidelines.
- Chinese Patent Office. (2023). Patent prosecution statistics.
- Kanwar, S., & Swaminathan, R. (2020). Patent strategies for biologics. Journal of Pharmaceutical Innovation, 15(2), 113–122.
