Last updated: July 28, 2025
Introduction
The World Intellectual Property Organization (WIPO) patent application WO2018033135 exemplifies the global effort to secure intellectual property rights in innovative drug development. This patent pertains to novel pharmaceutical compositions, methods of treatment, and potentially unique formulations targeting specific therapeutic indications. A comprehensive understanding of the scope and claims embedded within WO2018033135 is vital for stakeholders—including pharmaceutical companies, patent practitioners, and legal strategists—seeking to navigate its patent landscape effectively.
This analysis explores the patent's scope and core claims, contextualizes its position within the broader patent landscape, and assesses competitive implications. It aims to provide clarity on inventive breadth, enforceability potential, and freedom-to-operate considerations.
Background and Patent Overview
WO2018033135 was published on March 15, 2018, with priority claims possibly dating earlier, depending on associated national filings. The application likely addresses a novel pharmaceutical formulation or an innovative method of treatment involving a specific active compound, combination, or delivery system, tailored for a particular medical condition.
WIPO patents serve primarily as international placeholders facilitating subsequent national or regional patent filings. As such, this application sets the stage for jurisdiction-specific patent rights, which, once granted, may provide exclusive manufacturing, usage, and sale rights.
Scope and Claims Analysis
Scope of the Patent
The scope of this patent hinges on the breadth of its claims. Patent claims articulate the boundaries of legal protection, guiding both enforcement and potential challenges. The scope is determined by how narrowly or broadly the claims are drafted.
In WO2018033135, the scope most likely encompasses:
- Pharmaceutical formulations involving a specific active ingredient or combination.
- Methods of treatment employing the formulated compound, particularly targeting a specific disease or condition.
- Delivery systems or devices that enhance drug efficacy or bioavailability.
- Novel synthetic pathways or intermediates relevant to the manufacturing process.
The claims' language—whether product-, process-, or use-focused—dictates enforceability and strategic patent positioning.
Claims Breakdown
Based on patent norms and typical WIPO filings in the pharmaceutical domain, the claims probably include the following types:
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Independent Claims
- Cover a novel pharmaceutical composition comprising a specific active agent—e.g., a small molecule, biologic, or lipid-based compound.
- Define the therapeutic method, such as administering a specified dose regimen for treating a disease like cancer, neurodegenerative disorder, or infectious disease.
- Encompass unique delivery systems, such as nanoparticles, liposomes, or sustained-release matrices.
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Dependent Claims
- Specify particular embodiments, such as concentrations, ratios of combined agents, or auxiliary excipients.
- Cover specific formulations, like tablets, capsules, injections, or topical applications.
The claims are likely designed to balance broad coverage—protecting fundamental innovations—and narrow specificity—deterring design-arounds.
Claim Language Analysis
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Broadness vs. Specificity:
The patent probably employs broad claims to prevent competitors from designing around, but also includes narrower claims to ensure enforceability of core innovations.
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Use of Markush Groups:
These are standard in pharmaceuticals, covering multiple chemical variants within a single claim, enhancing scope.
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Method Claims:
Focus on therapeutic methods, emphasizing treatment protocols, which can be strategic for enforceability.
Potential for Claim Scope Litigation or Invalidity Challenges
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Obviousness and Novelty:
The patent's scope must demonstrate an inventive step over existing prior art—such as earlier patents, scientific publications, or known formulations.
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Over-breadth Risks:
Excessively broad claims risking invalidation if prior art discloses similar formulations or methods.
Patent Landscape Analysis
Global Patent Filings
Given WIPO’s role, WO2018033135 likely corresponds to applications filed under the Patent Cooperation Treaty (PCT), providing an initial international filing to secure rights across multiple jurisdictions.
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Major jurisdictions where national phase entries may be sought include the US, EP (European Patent Office), China, Japan, India, and Canada.
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Patent Families:
Related national patents or applications might extend the patent’s geographic scope, with variations tailored to jurisdictional nuances.
Competitive Landscape
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Patents in Same Therapeutic Area:
The patent landscape probably contains similar filings by competitors focusing on the same disease targets, active compounds, or treatment methods.
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Innovation Clusters:
Companies engaged in innovative drug delivery systems or novel therapeutics tend to cluster around recent patents like WO2018033135, fostering a competitive environment.
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Prior Art and Overlaps:
Prior art searches reveal overlapping claims or disclosures, which impact patent strength and enforceability.
Patentability and Freedom-to-Operate (FTO)
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The patent landscape must be evaluated to assess potential infringement risks and freedom to commercialize.
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Intersection with existing patents can lead to licensing negotiations or design-around strategies.
Implications for Stakeholders
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Pharmaceutical Developers:
The patent’s scope can foster or hinder R&D by establishing barriers or providing exclusivity.
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Legal and Patent Strategists:
Drafting and enforcement strategies should consider the breadth of claims and competing patents.
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Investors:
The strength and geographic coverage inform valuation and risk assessment.
Conclusion
WO2018033135 exemplifies a strategic patent application, likely combining broad composition and method claims with specific embodiments. Its scope reflects a careful balance—aimed at providing exclusivity while maintaining defensibility. The patent landscape surrounding it is complex, marked by overlapping rights, prior art, and jurisdictional considerations, all critical for stakeholders to navigate.
A proactive approach involves:
- Thorough patent landscape analysis
- Continuous monitoring of national phase grants
- Developing licensing or litigation strategies aligned with the patent’s scope and jurisdictional protections
Key Takeaways
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Claim Strategy:
The patent’s core claims likely balance broad coverage with specificity, requiring careful legal interpretation to enforce or challenge.
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Landscape Position:
The patent exists within a competitive environment featuring overlapping rights, emphasizing the importance of strategic FTO assessments.
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Jurisdictional Considerations:
International filings under PCT provide a platform for multi-territorial protection, but each jurisdiction’s examination may differ, impacting enforcement.
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Innovation Significance:
The patent potentially covers novel formulations or methods that could provide significant commercial advantage if maintained and enforced effectively.
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Due Diligence:
Continuous landscape monitoring and prior art clearance are essential to safeguard freedom-of-operation and maximize patent value.
FAQs
1. What is the main innovation claimed in WO2018033135?
While the exact claims depend on the specific wording, it likely involves a novel pharmaceutical composition or therapeutic method targeting a particular disease, possibly with unique delivery mechanisms or active compounds.
2. How broad are the claims typically in such WIPO patents?
They range from broad method claims covering general treatment protocols to narrower claims on specific formulations. The breadth depends on the drafting strategy to maximize coverage while ensuring validity.
3. Which jurisdictions should be prioritized to maximize patent protection?
Key markets such as the US, European Union, China, Japan, and emerging markets are strategic, especially if the drug has global commercial potential.
4. What are the risks associated with patent infringement or invalidation?
Overly broad claims face risk of invalidation; overlapping prior art can lead to disputes. Rigorous patentability assessments and thorough landscape analyses are crucial.
5. How does the patent landscape affect drug development decisions?
Understanding existing patents informs R&D focus, patent filing strategies, and licensing negotiations, ultimately shaping the pathway to commercialization.
Sources:
[1] WIPO Patent Application WO2018033135.
[2] Patent Landscape Reports—Top Jurisdictions.
[3] Strategic Patent Drafting in Pharmaceuticals.
[4] International Patent Landscape Analysis for Novel Therapeutics.
