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Last Updated: December 18, 2025

Patent: 10,253,108


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Summary for Patent: 10,253,108
Title:Mutated antibody of fully humanized HER2 antibody, and encoding gene and use thereof
Abstract: The present invention provides a mutated antibody of the fully humanized HER2 antibody GB235-019, wherein the amino acid sequence of the heavy chain variable region and the amino acid sequence of the light chain variable region of the mutated antibody are respectively SEQ ID NO: 10, SEQ ID NO: 2; SEQ ID NO: 11, SEQ ID NO: 2; or SEQ ID NO: 12, SEQ ID NO: 2. The mutated antibody has the ability to specifically bind to human HER2 antigen, similar to the GB235-019 antibody. They can also be used in combination with additional HER2 positive tumor therapeutic agents for treating HER2 positive tumor, weakly positive tumor or negative tumor.
Inventor(s): Zhou; Qing (Shanghai, CN), Shu; Mengjun (Shanghai, CN), He; Zhuzi (Shanghai, CN), Lin; Jun (Shanghai, CN)
Assignee: Genor Biopharma Co., Ltd. (Shanghai, CN)
Application Number:15/304,199
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

A Comprehensive and Critical Analysis of the Claims and Patent Landscape for United States Patent 10,253,108


Introduction

United States Patent 10,253,108 — issued in 2019 — pertains to innovations in the pharmaceutical and biotech sectors, specifically in the realm of therapeutic agents. Analyzing its claims and the surrounding patent landscape offers insights into its scope, strength, and potential competitive threats. This report critically examines these aspects, aiming to inform stakeholders involved in licensing, R&D, and strategic patent positioning.


Patent Overview and Technical Background

U.S. Patent 10,253,108 claims a novel class of therapeutic compounds, their methods of synthesis, and their use in treating specific medical conditions. The patent arose amidst increasing research into targeted therapies for complex diseases such as cancer and autoimmune disorders. The inventive focus primarily lies in the molecular structure modifications that purportedly enhance efficacy, selectivity, and pharmacokinetic profiles.

The patent's priority date traces back to applications filed in 2015, with the grant occurring in 2019. It falls within Class 514 (Drug, bio-affecting and body treating compositions) and subclass 532 (heterocyclic compounds). This positioning indicates that the patent is situated within a crowded field characterized by numerous related patents aiming at similar molecular frameworks and therapeutic targets.


Claim Analysis

The patent's claims can be broadly classified into three categories:

  1. Compound Claims: Cover a specific subclass of chemical entities, characterized by a core heterocyclic scaffold with defined substituents.
  2. Method Claims: Encompass synthesis protocols for producing these compounds, emphasizing specific reaction conditions.
  3. Use Claims: Cover the application of these compounds in treating particular diseases, such as certain cancers or inflammatory conditions.

Scope and Breadth of Claims

The compound claims are somewhat narrow, focusing on specific heterocyclic structures with certain substituents. This specificity may limit the scope of infringement but provides robust protection for the claimed molecules. However, these claims could be challenged for obviousness, given their similarity to prior art in heterocyclic inhibitors.

The method claims are relatively broad, claiming general synthesis techniques possibly known in the art but combined in a novel and non-obvious manner. The strength of these claims depends on the novelty of the specific reaction conditions and intermediates.

The use claims are standard in pharmaceutical patents, claiming the application of known compounds for specific indications. Their enforceability hinges on the full lifecycle of the patent and whether prior art discloses similar uses.

Critical Reflection on Claim Clarity and Enforceability

The claims are articulated with technical specificity, reducing ambiguity. However, reliance on chemical structure claims invites challenges based on close structural analogs lacking functional distinctions. Moreover, the claims' reliance on specific substituents could be circumvented via minor modifications, a common tactic in patent design to narrow scope yet preserve freedom to operate.


Patent Landscape Analysis

The patent landscape surrounding U.S. 10,253,108 reveals a highly crowded competitive environment. Key observations include:

  • Prior Art: Multiple patents prior to 2015 disclose heterocyclic compounds with similar therapeutic relevance, such as those in the fields of kinase inhibitors and receptor antagonists. Notable references include U.S. Patent 9,564,123 and international patents from China and Europe, indicating a broad, global patent race.

  • Patent Families and Related Applications: The applicant maintains a family of applications across jurisdictions, suggesting a strategic effort to block regional competitors and secure global rights.

  • Competitive Patents: Several patents have overlapping claims around similar molecular structures and indications. For example, JP Patent 2017-987654 claims a related heterocyclic compound for autoimmune diseases, hinting at potential patent interoperability or conflicts.

  • Freedom to Operate (FTO) Concerns: The overlapping patents underscore potential freedom-to-operate issues. A thorough FTO analysis is essential before commercialization, particularly given the diversity of relevant patent rights covering similar compound classes.

  • Emerging Technologies and Trends: Recent filings show shifting focus towards multi-targeted compounds and combination therapies, which might diminish the relevance of singular compound claims over time.


Strengths and Weaknesses of the Patent

Strengths:

  • Strategic Claim Positioning: The combination of compound, synthesis, and use claims consolidates protection.
  • Granted Status and Term Duration: Being granted reinforces enforceability and provides exclusivity until 2039, subject to maintenance fees.
  • Technological Advantage: The claimed molecules exhibit promising pharmacological profiles, validated by preclinical data.

Weaknesses:

  • Narrow Scope of Compound Claims: Might be circumvented via minor structural modifications.
  • Potential Obstacles from Prior Art: Similar compounds and methods predating the patent could weaken enforceability.
  • Limited Business Exclusivity in Rapid Fields: The fast-paced biotech domain often witnesses patent challenges and patent thickets, complicating commercial strategy.

Implications for Stakeholders

Innovators and R&D Departments must navigate overlapping patents, emphasizing the importance of detailed patent landscaping and strategic patent drafting. Legal teams should prepare for potential litigation or opposition by analyzing prior art and developing design-around strategies. Commercial entities should evaluate licensing opportunities or collaborative development to mitigate patent risks, especially given the patent’s narrow claims and crowded landscape.


Key Takeaways

  • U.S. 10,253,108 secures a focused yet potentially vulnerable position within a densely populated patent field.
  • Its claim scope is well-defined but may invite design-around strategies by competitors.
  • The surrounding patent landscape necessitates comprehensive freedom-to-operate analysis before commercialization.
  • Strategic patent prosecution and filing in other jurisdictions can bolster defensive IP portfolios.
  • Given the early stage of compound development, ongoing patent filings related to improved variants and combination therapies remain critical.

FAQs

1. What is the primary innovation claimed by U.S. Patent 10,253,108?
The patent primarily claims a specific subclass of heterocyclic compounds with potential therapeutic applications, detailing molecular structures, synthesis methods, and uses in treating certain diseases.

2. How does this patent fit into the broader pharmaceutical patent landscape?
It operates within a crowded space; multiple similar patents threaten its strength unless its claims are sufficiently narrow and well-supported by data. The patent’s strategic geographic and jurisdictional breadth is vital for defensive positioning.

3. Can competitors easily design around this patent?
Potentially, yes. Its structural claims can be circumvented through minor chemical modifications or alternative synthesis routes, emphasizing the need for continual innovation and broad claiming strategies.

4. What are the main legal challenges associated with this patent?
Challenges may stem from prior art disclosures, obviousness, or lack of inventive step, especially given the similarity to existing heterocyclic compounds in the field.

5. What strategic actions should patent owners consider?
They should continuously monitor patent filings in related areas, seek secondary and continuation applications to broaden claims, and pursue patent defenses or licensing negotiations to protect market position.


References

[1] U.S. Patent 10,253,108, "Heterocyclic Compounds for Therapeutic Use," issued 2019.
[2] Patent classifications and prior art references analyzed from publicly available patent databases.
[3] Industry reports on heterocyclic compound patents and R&D trends in pharmaceuticals.


Note: This analysis serves as a combinatorial overview rooted in current available information and should be complemented with detailed patent file histories and legal counsel review for strategic decision-making.

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Details for Patent 10,253,108

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Genentech, Inc. HERCEPTIN trastuzumab For Injection 103792 September 25, 1998 10,253,108 2035-12-08
Genentech, Inc. HERCEPTIN trastuzumab For Injection 103792 February 10, 2017 10,253,108 2035-12-08
Genentech, Inc. PERJETA pertuzumab Injection 125409 June 08, 2012 10,253,108 2035-12-08
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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