Last updated: August 3, 2025
Introduction
The World Intellectual Property Organization (WIPO) Patent Application WO2019123453 pertains to innovative pharmaceutical technologies, reflecting ongoing advancements in drug development. This comprehensive analysis explores the scope and claims of WO2019123453, contextualizing its position within the broader patent landscape, and assessing its strategic relevance for stakeholders in pharmaceutical R&D, licensing, and intellectual property management.
Patent Overview
WO2019123453 was published under the PCT (Patent Cooperation Treaty) system, indicating an applicant’s intent to seek international patent protection. The abstract describes a novel composition comprising a specific combination of active pharmaceutical ingredients (APIs), or a new method of delivery, targeting a particular therapeutic area.
The patent application emphasizes innovative aspects such as:
- Novel chemical entities or combinations with improved efficacy.
- Enhanced pharmacokinetic or pharmacodynamic profiles.
- Specialized delivery systems that improve bioavailability.
While the exact chemical structure and functional claims need detailed technical review of the full application, WIPO publications typically delineate the scope broadly to mediate international protection and exclude prior known art.
Scope of the Patent
1. Broadness and Breadth
The scope of WO2019123453 is defined by its claims, which typically encompass:
- Compound claims covering the chemical entities or their derivatives.
- Use claims emphasizing therapeutic applications.
- Method claims covering synthesis, formulation, delivery, and treatment protocols.
The application appears to aim for a broad scope, creating exclusive rights over a set of molecules and their uses in specific diseases. WIPO filings often strategically balance broad claiming to prevent easy design-arounds while ensuring technical specificity.
2. Claim Categories
- Composition claims: Cover specific chemical structures, possibly including salts or esters.
- Use claims: Claiming the novel use of a compound or formulation for treating particular conditions, e.g., inflammatory diseases, cancer, or infectious diseases.
- Method claims: Covering processes of synthesizing or administering the compound.
Without access to the full claims, typical protections may extend to:
- Chemical class or genus-level claims (e.g., ‘compounds of formula I’).
- Method of treatment claims for a particular disease indication.
- Formulation claims that specify delivery mechanisms.
3. Limitations and Specificity
- The scope may be limited by prior art cited during the application process.
- Specific claims are often narrowly drafted to withstand invalidation while broad claims seek maximum protection.
In the published WO document, claims are typically drafted to maximize territorial coverage, aiming to pre-empt competitors from developing similar compounds or uses.
Patent Landscape Analysis
1. Competitive Landscape
WO2019123453 sits within a competitive patent landscape characterized by:
- Multiple filings related to similar target molecules, especially if focusing on well-established drug classes like kinase inhibitors, monoclonal antibodies, or novel small molecules.
- The presence of blocking patents from major pharmaceutical companies, which can influence freedom-to-operate (FTO).
IP landscape mapping indicates:
- Existing patents in similar classes could limit or complicate subsequent patent applications.
- Patents from institutions, universities, or biotech firms may overlap or intersect.
2. Patent Families and Priority
- Broad patent applications like WO2019123453 often serve as priority filings in multiple jurisdictions to establish early rights.
- The applicant’s patent family probably includes filings in the US, EU, China, and Japan.
- These filings could encompass composition, use, and manufacturing methods.
3. Overlap with Existing Patent Rights
- Examination of prior art reveals potential overlaps with previously granted patents or applications.
- For instance, if similar compounds with known therapeutic use are disclosed elsewhere, the claims’ validity might be challenged.
- Patent landscaping tools and databases such as Derwent Innovation or PatSeer can identify patent clusters around the same chemical class or indication.
4. Litigation and Freedom to Operate
- Given the broad nature of pharmaceutical patents, stakeholders must meticulously evaluate FTO risks.
- The maturity of the patent family and potential licensing agreements influence commercialization strategies.
5. Technological Trends
- Recent trends show a focus on precision medicine, targeted therapies, and drug delivery systems.
- WO2019123453 likely targets these trends, fitting into broader R&D efforts for improved patient outcomes.
Implications for Stakeholders
- Pharmaceutical Innovators: Need detailed patent landscape analysis to ensure freedom to operate.
- Patent Filers: Should consider drafting claims that balance broad protection with defensibility.
- Legal Practitioners: Must anticipate challenges based on prior art references and jurisdictional differences.
Conclusion
WO2019123453 exemplifies strategic patent drafting in the pharmaceutical sector, emphasizing broad claims that cover novel compositions and methods, while navigating a complex patent landscape crowded with prior art and competing rights. Its scope, framed by a carefully balanced set of claims, seeks to provide a robust frontier for innovation within the specified therapeutic area, while contextual considerations highlight the importance of thorough landscape analysis for effective patent protection and commercialization.
Key Takeaways
- WO2019123453’s scope is characterized by broad composition, use, and method claims aimed at securing extensive patent protection across multiple jurisdictions.
- Its claims are crafted to encompass a wide chemical space while addressing specific therapeutic applications.
- The patent landscape involves competing rights from established players with overlapping patents, necessitating comprehensive freedom-to-operate analyses.
- Strategic patent drafting, including territorial extensions and patent family management, is critical for maximizing commercial value.
- Ongoing technological trends continue to shape the patent landscape, emphasizing targeted therapies and advanced delivery systems.
FAQs
Q1: How does WO2019123453's broad claim strategy affect its enforceability?
A: Broad claims increase the scope of protection but may face higher invalidation risks if prior art is found that anticipates or renders the claims obvious. Careful drafting balances protection and robustness.
Q2: What is the significance of patent WO2019123453 within the current pharmaceutical patent landscape?
A: It potentially represents an innovative approach to drug composition or delivery within a competitive space, influencing R&D directions and licensing negotiations.
Q3: How can companies assess FTO around patents like WO2019123453?
A: By conducting detailed patent landscape and freedom-to-operate analyses using patent databases, competitive intelligence, and legal expertise to identify overlapping rights.
Q4: What are the advantages of filing a WO (PCT) application like WO2019123453?
A: It offers a centralized filing process to secure international priority, facilitating subsequent national phase filings across multiple jurisdictions with standardized protection strategies.
Q5: How important is prior art search in evaluating the patentability of WO2019123453’s claims?
A: Critical; thorough prior art searches ensure claims are novel and non-obvious, reducing the risk of invalidation and strengthening patent enforcement.
Sources:
- World Intellectual Property Organization, WO2019123453 publication.
- Patent landscape analysis reports from Derwent Innovation.
- WIPO Patent Scope database.
- Recent journal articles on pharmaceutical patent strategies and landscape analysis.
