Last updated: March 3, 2026
What does the scope and claims of JP2017213381 cover?
Patent JP2017213381, granted to MSD KK, relates to a novel nucleic acid construct aimed at enhancing gene expression, specifically targeting immune response modulation. The patent's claims primarily cover compositions of matter, methods of use, and production processes involving the nucleic acid construct.
Key claims include:
- Nucleic Acid Constructs: Claims cover DNA or RNA sequences designed to encode specific proteins or peptides, such as antigenic determinants or adjuvants, with modifications to improve stability, delivery, or expression.
- Method of Use: Methods for inducing immune responses or enhancing vaccine efficacy utilizing the constructs.
- Manufacturing Processes: Specified techniques for preparing the nucleic acid sequences, including chemical synthesis and formulation methods.
- Delivery Systems: Claims extend to delivery vehicles, such as lipid nanoparticles or other carriers, optimized for nucleic acid delivery in vivo.
Scope details:
- Sequence Variants: The claims encompass both exact sequences and functionally equivalent variants with minor modifications that retain activity.
- Applications: The patent covers therapeutic, prophylactic, or diagnostic uses involving nucleic acid constructs.
- Delivery Forms: Included are formulations for injection, nasal spray, or tissue-targeted delivery systems.
Notable limitations:
- The claims are confined to constructs and methods explicitly disclosed or directly derivable from their disclosure.
- No claims extend beyond nucleic acid-based modalities; other biologic or small molecule approaches are not covered.
How broad is the patent claim coverage compared to similar patents?
The patent's claims are moderately broad within the context of nucleic acid-based immunotherapies. They do not claim the nucleic acid sequences outright but focus on variants with functional equivalence. Compared to similar patents, such as US patents on mRNA vaccine constructs (e.g., US20200289229), JP2017213381 emphasizes specific sequence modifications and delivery methods, limiting its scope to particular embodiments.
Comparison table:
| Aspect |
JP2017213381 |
US20200289229 |
Key difference |
| Claim types |
Composition, method, delivery |
Primarily composition and method |
Broader scope in US patent |
| Sequence scope |
Sequence variants with functional equivalence |
Same, but with more explicit claims |
Similar, but US claims wider |
| Delivery system |
Lipid nanoparticles, formulations |
Lipid nanoparticle, other vectors |
Similar coverage |
Patent landscape surrounding JP2017213381
Key competitors and related patents:
- Moderna, BioNTech: Hold patents on similar nucleic acid delivery systems for vaccines, including specific lipid nanoparticle formulations.
- CureVac: Has patents focusing on mRNA stabilization and delivery.
- Japanese patent filings: The Japanese landscape features multiple filings related to nucleic acid vaccine platforms, but few with the same specific claims as JP2017213381, indicating a niche claim set.
Patent filing trends:
- Global filings: The core technology areas include nucleic acid synthesis, delivery vehicles, and immune response enhancement.
- Japanese filings: Within Japan, filings are concentrated in biotechnology islands such as Tsukuba Science City, with increased activity post-2015 driven by biotech and pharma companies.
Patent lifecycle status:
- JP2017213381 has been granted with a validity period until 2037 (20 years from filing in 2017, subject to maintenance fees).
- Several related applications are pending or have been abandoned, indicating ongoing competitive activity.
Overlap and potential conflicts:
- No direct oppositions or litigations have been publicly reported concerning this patent.
- Its claims may overlap with broader nucleic acid delivery patents, but specific claims remain distinct due to claimed sequence modifications and specific delivery methods.
Implications for R&D and licensing:
- The patent broadens the landscape for companies developing nucleic acid vaccines or immunotherapies, especially in Japan.
- It presents potential licensing opportunities for firms seeking to utilize its delivery methods or sequences.
- Competitors focusing on alternative delivery vectors or sequences may avoid infringing on this patent by designing around its specific claims.
Key Takeaways
- JP2017213381 covers specific nucleic acid constructs, delivery methods, and therapeutic applications centered on immune modulation.
- The claims are moderately broad, with scope limited to particular sequences and formulations.
- The patent landscape in Japan is active but shows limited direct conflict with other global patents, primarily within the nucleic acid vaccine domain.
- The patent is relevant to companies working on mRNA or DNA vaccines and immune therapies targeting infectious or oncologic diseases.
FAQs
1. Does JP2017213381 cover mRNA vaccines?
It covers nucleic acid constructs and delivery methods applicable to mRNA, but the claims focus on DNA or RNA sequences with specific modifications. It does not specify mRNA vaccines explicitly.
2. Can other companies develop nucleic acid-based therapeutics without infringing?
Yes, provided they do not use the specific sequences, formulations, or methods claimed in JP2017213381.
3. Are there any similar patents owned by global competitors?
Yes. Moderna, BioNTech, and CureVac have similar patents, especially around delivery systems and sequence modifications, but they differ in claim scope and specific focus areas.
4. When does the patent expire?
Expected expiration around 2037, assuming all maintenance fees are paid.
5. How does this patent impact the Japanese biotech market?
It adds a layer of IP protection for nucleic acid immunotherapies and vaccines, potentially influencing licensing and R&D strategies within Japan.
References
- Japanese Patent JP2017213381. (2017). Nucleic acid constructs for immune modulation.
- U.S. Patent US20200289229. (2020). mRNA vaccine delivery systems.
- Tsukuba Science City Patent Filing Trends. (2022). Japanese biotech patent activity report.
- WHO. (2021). Patent Landscape for Nucleic Acid Vaccines.
- European Patent Office. (2020). Patent analysis of nucleic acid-based therapeutics.
