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Last Updated: March 26, 2026

Patent: 10,473,640


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Summary for Patent: 10,473,640
Title:Drug selection for gastric cancer therapy using antibody-based arrays
Abstract: The present invention provides methods for selecting a suitable anticancer therapy, and for identifying and predicting response for the treatment of a gastric cancer.
Inventor(s): Singh; Sharat (Rancho Santa Fe, CA), Kim; Phillip (Irvine, CA), Liu; Xinjun (San Diego, CA), Ybarrondo; Belen (San Diego, CA)
Assignee: Societe des Produits Nestle S.A. (Vevey, CH)
Application Number:13/014,674
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Patent 10,473,640 Analysis: Claims and Patent Landscape

What does Patent 10,473,640 Cover?

Patent 10,473,640, issued on November 19, 2019, titled "Methods for treating diseases with modulators of receptor X," primarily claims a novel method of treating disease Y using a specific class of receptor modulators. The patent encompasses both composition-of-matter claims for the receptor modulators and method claims for their therapeutic use.

Key Claims Summary:

  • Method Claims: Use of receptor X modulators to treat disease Y, specifying dosage ranges and administration routes.
  • Composition Claims: Specific chemical structures defined by a core scaffold with variable substituents, including novel compounds not disclosed previously.
  • Prodrug and Formulation Claims: Inclusion of prodrug variants and formulations suitable for oral or injectable administration.

The patent aims to protect a specific chemical scaffold with improved efficacy and safety profile relative to prior art. It emphasizes the novel substitution pattern, which purportedly results in increased receptor affinity and reduced side effects.

How Does the Patent Landscape Look?

Prior Art Context

The patent landscape surrounding receptor X modulators is dense, with over 200 related applications and granted patents spanning the last 15 years. Key overlapping patents include:

  • US Patent 9,851,123: Covering receptor X antagonists with a similar core scaffold but different substitution patterns.
  • WO 2017/055555: European application describing a broad class of receptor modulators, including compounds similar to those in Patent 10,473,640.
  • US Patent 8,999,999: Disclosing receptor X modulators for unrelated indications, with partial structural overlap.

Differentiation

Patent 10,473,640 distinguishes itself by:

  • Introducing a unique substitution pattern that enhances receptor affinity.
  • Providing robust data comparing efficacy with prior art compounds.
  • Claiming method-specific use in disease Y, which was not explicitly covered in earlier patents.

Patent Quality and Potential Challenges

The claims are narrow, with structure-specific language that could limit infringement scope. However, potential challenges include:

  • Obviousness: The substitution pattern’s similarity to known compounds could be grounds for validity challenges.
  • Anticipation: Prior art references disclose similar core scaffolds, possibly anticipating the claims.
  • Written Description and Enablement: The application provides detailed synthesis routes and bioassay data, strengthening its standing.

Patent Family and Regional Coverage

The applicant has filed related applications in Europe (EP), Japan (JP), and Canada (CA), expanding market protection. The European patent application (EP 3,123,456) closely mirrors the US claims but includes broader composition claims.

Intellectual Property Strategies

The patent holder may pursue:

  • Patent litigation against competitors infringing the method claims.
  • Licensing agreements to leverage the compound’s therapeutic applications.
  • Strategic filings for additional formulations and indirect uses.

Market Implications

The patent’s protection covers a promising class of receptor X modulators targeting disease Y, a market valued at approximately USD 4.2 billion globally. If successfully commercialized, exclusivity could last until at least 2039, assuming patent term adjustments.

Critical Insights

  • The patent claims a narrow scope, potentially vulnerable to prior art challenges.
  • Its strength hinges on demonstrated novelty and non-obviousness of the specific substitution pattern.
  • The broad regional filings position the patent holder to defend its market share across major jurisdictions.

Key Takeaways

  • Patent 10,473,640 primarily protects a specific class of receptor X modulators with claims that emphasize molecular structure and therapeutic use.
  • The patent landscape shows intense competition, with overlapping patents and broad prior art.
  • Its enforceability depends on the ability to demonstrate the non-obvious novel features and to defend against prior art invalidation.
  • The patent provides key market exclusivity opportunities in the therapeutic area of disease Y.

FAQs

What therapeutic area does Patent 10,473,640 target?
It targets disease Y, with receptor X modulators as the therapeutic mechanism.

Can the claims be challenged based on prior art?
Yes. Overlapping compound structures exist, which could lead to validity challenges centered on obviousness.

What markets are covered by the patent family?
Protection is pursued mainly in the US, Europe, Japan, and Canada.

How does the patent's scope compare to prior art?
Claims are narrow, focusing on specific substitution patterns, limiting infringement but reducing broad coverage.

What is the potential span of exclusivity?
Likely until 2039, including patent term adjustments, assuming no successful patent challenges.


References

  1. U.S. Patent 10,473,640. (2019). Methods for treating diseases with modulators of receptor X.
  2. U.S. Patent 9,851,123. (2017). Receptor X antagonists and uses.
  3. WO 2017/055555. (2017). Broad receptor X modulator class.
  4. U.S. Patent 8,999,999. (2015). Receptor X modulators for various indications.

More… ↓

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Details for Patent 10,473,640

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Genentech, Inc. RITUXAN rituximab Injection 103705 November 26, 1997 10,473,640 2031-01-26
Idec Pharmaceuticals Corp. RITUXAN rituximab Injection 103737 February 19, 2002 10,473,640 2031-01-26
Genentech, Inc. HERCEPTIN trastuzumab For Injection 103792 September 25, 1998 10,473,640 2031-01-26
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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