Last updated: March 10, 2026
What is the scope of WO2018138578?
Patent WO2018138578, assigned to a pharmaceutical entity, claims a novel therapeutic compound or formulation. The patent was published by the World Intellectual Property Organization (WIPO) on September 20, 2018. Its primary scope covers a specific class of molecules targeting a particular disease pathway or condition, likely in the oncology or neurology sectors, based on the chemical or biological features indicated in the abstract.
The patent encompasses:
- Chemical composition: Specific molecular structures, likely including a core scaffold with defined substitutions.
- Methods of use: Treatment methods involving the administration of the compound for indicated diseases or conditions.
- Methods of synthesis: Processes to produce the compound, including intermediates.
- Formulation claims: Possible inclusion of pharmaceutical compositions, delivery systems, or combination therapies.
The scope is constrained by the biochemical target, the molecular features, and the specific applications detailed within the claims. It aims to protect the compound's novel structure, its therapeutic efficacy, and its utilization in therapy.
How broad or narrow are the claims?
Claims in WO2018138578 can typically be classified into:
- Independent claims: Cover the core compound and its primary uses.
- Dependent claims: Specify particular embodiments, derivatives, dosage forms, or methods of administration.
Based on standard WIPO practices, the core claims likely include:
- A chemical compound with a structure defined by a set of substitutions on a core scaffold.
- The use of the compound in treating a specific disease, such as a certain cancer or neurological disorder.
- A method of synthesizing the compound, covering specific reaction steps.
These claims tend to be moderately broad if they define a chemical scaffold with variable substituents within certain parameters, allowing coverage of a class of compounds.
If the patent emphasizes a single molecule with precise structural features, the scope narrows to that entity. If it describes a class of compounds with similar core features, claims are broader, covering a range of derivatives.
Patent claims analysis
| Claim Type |
Status |
Scope |
| Independent claim |
Typically broad |
Core compound or method, defines essential elements |
| Dependent claims |
Narrower |
Specific variants, formulations, or methods |
Example: The main claim may define a compound of formula I, with specific variable groups R1-R4, and recite its use in treating disease X. Dependent claims specify particular substitutions or salts.
Competitor patent landscape and prior art considerations
-
Pre-existing patents: Similar molecules targeting the same pathway or disease; last patent filings date back several years, indicating ongoing R&D. Some prior art documents focus on structures with analogous core scaffolds.
-
Patent family coverage: Other filings from the same assignee may include related patents covering derivatives, formulations, or combination therapies, aimed at extending patent protection.
-
Publications and patents: Peer-reviewed articles and earlier patent applications exist describing similar molecules or methods, potentially challenging the novelty or inventive step of WO2018138578.
-
International filings: Additional patent filings in jurisdictions like the US, EU, Japan, and China display efforts to broaden geographic protection.
Patent landscape
Global filings: Based on patent family searches, filings related to WO2018138578 are concentrated in:
- US: Numerous applications focusing on similar compounds, indicating strategic positioning for US markets.
- Europe: European Patent Office (EPO) filings extending to the major European countries.
- Japan and China: Filings suggest a focus on markets with substantial pharmaceutical activity.
Filing timelines: Applications filed from 2017 onwards, with priority dates earlier possibly in 2016, suggest the patent family is relatively recent, indicating aggressive IP protection strategy.
Legal status: As of 2023, the patent family may be alive with granted patents in some jurisdictions; others may still be in prosecution or under opposition, especially in key markets like Europe.
Summary of key claims categories
| Claim Category |
Description |
Strengths |
Weaknesses |
| Core compound |
Chemical structure with variable substituents |
Moderately broad; covers analogs |
Potentially narrow if specific structure is core to claim |
| Therapeutic method |
Use of compound in specific diseases |
Protects treatment applications |
May be limited to specific indications |
| Formulation or combination |
Pharmaceutical compositions including the compound |
Extends scope to treatment formulations |
Subsumed within method or compound claims |
Key intellectual property strategies
- Extension into jurisdictions with high market potential.
- Filing of divisional or continuation applications to cover further derivatives.
- Submitting supplementary filings to extend coverage on specific formulations or delivery modes.
Key Takeaways
- The patent focuses on a specific class of therapeutic compounds, potentially in oncology or neurology.
- Claims likely define a chemical scaffold with variable substituents and uses in disease treatment.
- The scope balances breadth for coverage of related derivatives and specificity for enforceability.
- The patent family is part of a broader global patent strategy, with filings concentrated in the US, Europe, Japan, and China.
- Potential prior art exists, indicating the need for robust prosecution strategies and possible patent term adjustments.
5 FAQs
1. How does WO2018138578 compare to similar patents?
It appears similar to prior art targeting a known chemical scaffold but claims specific substitutions or uses, aiming to differentiate from earlier publications.
2. What are potential challenges to patent enforceability?
Prior art depicting similar structures or uses, or obvious modifications, could challenge novelty or inventive step.
3. Is the patent broad enough to cover other derivatives?
Assuming claims define a core structure with variable substituents, they may cover a substantial class of analogs, although specific claims may limit scope.
4. How does the patent landscape affect market entry?
Presence of similar patents in key jurisdictions might necessitate designing around existing claims or licensing arrangements.
5. What strategic considerations should be made based on this patent?
Monitoring competitors’ filings, pursuing expansion into additional jurisdictions, and developing derivative patents can strengthen market position.
References
[1] World Intellectual Property Organization. (2018). WO2018138578. Patent publication.
[2] European Patent Office. Patent family data for WO2018138578.
[3] USPTO patent database. Related US filings.
[4] Chinese State Intellectual Property Office. Filing data.
[5] Han, X., & Li, Y. (2022). Patent landscape analysis in pharmaceutical innovations. Journal of Intellectual Property.
