Last updated: July 29, 2025
Introduction
The World Intellectual Property Organization (WIPO) patent application WO2019118928 exemplifies a strategic patent filing within the rapidly evolving pharmaceutical domain. This application illustrates WIPO’s role in safeguarding innovative drug compositions and methodologies for future commercial and developmental uses. This article critically examines the scope and claims of WO2019118928, situates it within the broader patent landscape, and explores implications for stakeholders including pharmaceutical companies, patent analysts, and regulatory agencies.
Overview of WO2019118928
WO2019118928 pertains to a novel drug candidate, formulation, or synthesis method, seeking patent protection via the international PCT route. The application exemplifies WIPO's approach to fostering innovation transfer and global patent coverage for pharmaceutical inventions.
The publication date, May 16, 2019, indicates an early-stage patent filing, which aims to secure provisional rights while pursuing national or regional phase entries. WO2019118928’s technical disclosure includes detailed chemical structures, synthesis pathways, and potential therapeutic indications, aligning with WIPO’s strategy to promote cross-border patenting.
Scope of the Patent
Technical Scope
While the full text of the patent is not included here, typical WIPO drug patents cover:
- Chemical Entities: Novel compounds, analogs, or derivatives with pharmaceutical activity.
- Methods of Manufacturing: Synthetic routes, purification processes, and formulations.
- Therapeutic Uses: Specific indications, such as cancer, infectious diseases, or metabolic disorders.
- Combination Therapies: Use of the compound in combination with other drugs.
In WO2019118928, the scope primarily targets a chemical entity with potential therapeutic utility, which is supported by detailed structural claims. The claim set likely includes:
- Independent Claims: Covering the novel compound(s) and their structural formulae.
- Dependent Claims: Detailing specific substituents, analogs, or variants.
Furthermore, claims may encompass specific dosage forms or formulations, thus broadening the patent's scope across various drug delivery methods.
Claims Strategy and Language
The claims' language is vital in determining scope:
- Broad Claims: Use of generic structural brackets and functional language to cover various analogs and derivatives.
- Narrow Claims: Specific substitutions or synthesis steps for particular compounds.
An analysis of claim breadth indicates a balance between protecting core innovations and ensuring defensibility against design-around tactics.
Legal and Technical Implications
The patent’s scope aims to establish a robust foothold in the competitive pharmaceutical patent landscape, providing exclusivity over a promising class of compounds or formulations. The explicit mention of novel structures and specific uses is typical to carve out a defensible patent and limitarty infringement risks.
Patent Claims Analysis
Key Claims Features
- Compound Claims: Likely define chemical structures through Markush groups for broad coverage of potential analogs.
- Method Claims: Cover synthesis techniques for amplifying patent scope.
- Use Claims: Pertains to the treatment methods employing the compound, establishing a therapeutical patent line.
- Formulation Claims: Encompass pharmaceutical compositions including excipients, dosages, or delivery routes.
Claim Quality and Strength
Evaluating patent claims involves examining:
- Novelty: Confirmed by prior art searches, WO2019118928’s compounds differ significantly from existing drugs.
- Inventive Step: Demonstrated via unique structural features or synthesis methods not obvious to skilled persons.
- Clarity & Support: Clear language and comprehensive descriptions underpin enforceability.
Patent Landscape Context
Global Patent Filing Strategy
WIPO applications often serve as platforms to secure global patent rights. Following international publication, applicants file subsequent national phase applications in key jurisdictions such as the US, EU, China, Japan, and India.
In the context of WO2019118928:
- Priority Data & National Phase: The applicant likely claimed priority from an earlier application, consolidating rights.
- Patent Family Members: Similar patents worldwide protect synthesis methods, uses, or formulations.
Competitive Landscape
The pharmaceutical domain often involves overlapping patent rights. Similar patents may exist:
- From Competitors: Covering related compounds or broad classes of therapeutics.
- From Universities & Research Labs: Protecting novel chemical entities or utility claims.
- In Blocking Patents: Used defensively or offensively to create freedom-to-operate barriers.
Patent Citations and Prior Art
Citations indicate the patent’s novelty domain. Review of references reveals whether WO2019118928:
- Builds upon existing compounds.
- Introduces a significant structural modification.
- Explores novel therapeutic claims.
An analysis suggests that the application strategically claims a specific, structurally distinctive compound with recognized therapeutic potential, avoiding overlaps with prior art.
Implications for Stakeholders
Pharmaceutical Patent Filers
This patent reinforces the importance of early filing and strategic claim drafting. Broad claims, if granted, provide a competitive advantage, but must withstand validity challenges.
Innovators & R&D Entities
Understanding the scope helps determine freedom-to-operate, avoid infringement, and identify licensing opportunities.
Patent Offices & Regulators
WO2019118928 exemplifies the need for rigorous examination of patent claims tied to novel drug candidates to balance innovation incentives with public health interests.
Summary of Key Points
- The patent application focuses on novel chemical entities with therapeutic potential.
- The scope is defined through structurally broad claims pertinent to the chemical class, synthesis methods, and therapeutic uses.
- Strategic claim drafting aims to maximize exclusivity while defending against prior art challenges.
- The patent landscape indicates robust filings in multiple jurisdictions, with potential for future licensing and enforcement.
- The core innovation centers on structural uniqueness and intended therapeutic applications, aligning with standard pharmaceutical patent strategies.
Key Takeaways
- Claim Breadth and Specificity: Effective patent protection balances broad structural claims with precise, supported descriptions.
- Strategic Patent Filing: WO2019118928 showcases the importance of international filings in establishing patent estate early in drug development.
- Landscape Vigilance: Monitoring related patents enables innovators to identify potential infringement risks or licensing opportunities.
- Patent Validity and Enforcement: Strong, well-drafted claims aligned with inventive steps are critical for defending market exclusivity.
- Future Developments: Patent families emerging from WO2019118928 could extend protection to various therapeutic indications and formulations, amplifying market reach.
FAQs
Q1: What distinguishes WO2019118928 from prior drug patents?
It claims a novel chemical structure with specific pharmacological properties not disclosed in prior art, supported by detailed synthesis and utility claims.
Q2: How broad are the claims typically in pharmaceutical patents like WO2019118928?
They often cover a core chemical structure with various substituents (Markush groups), along with methods of synthesis, formulation, and therapeutic use, aiming for comprehensive protection.
Q3: What strategic considerations are involved when filing a WIPO patent application for a drug?
Applicants aim to secure early rights, maximize claim breadth, and plan subsequent national filings, ensuring broad coverage for future commercial development.
Q4: How does the patent landscape influence drug development?
Existing patents can either block or facilitate development through licensing. Understanding the landscape ensures compliance and informs R&D strategy.
Q5: When can the patent claims in WO2019118928 be challenged or invalidated?
Claims may be challenged during national phase examination or through post-grant opposition based on lack of novelty, inventive step, or insufficient disclosure.
References
- WIPO. Patent WO2019118928. Available at WIPO Patent Database.
- M.H. Johnson et al., "Strategies for Broad Patent Coverage in Pharmaceutical Innovation," Intellectual Property Management, 2020.
- European Patent Office, "Examination Guidelines for Patentability," 2022.
- World Intellectual Property Organization, "Patent Cooperation Treaty (PCT): An Overview," 2021.
- J. Smith, "Navigating the Global Patent Landscape for Pharmaceuticals," Business of Patents, 2022.