Last updated: February 22, 2026
What is the scope of patent WO2010040113?
Patent WO2010040113, titled "Methods for the treatment of diseases associated with elevated levels of MyD88," relates to therapeutic methods targeting MyD88—a fundamental adaptor protein in innate immunity pathways. The patent aims to protect methods for modulating MyD88 activity to treat inflammatory and autoimmune diseases.
The patent explicitly covers:
- Use of specific MyD88 modulators, including small molecules, peptides, and nucleic acids.
- Methods for administering these modulators to achieve therapeutic effects.
- Diagnostic methods involving the detection of elevated MyD88 levels.
The scope centers on intervening in MyD88-regulated pathways relevant to diseases like sepsis, rheumatoid arthritis, systemic lupus erythematosus, and other inflammatory conditions.
What are the key claims of the patent?
The patent contains 20 claims, with the core claims summarized below:
Independent Claims
- Claim 1: A method of treating a disease associated with elevated MyD88 levels, comprising administering an effective amount of a MyD88 modulator selected from a specified class of compounds.
- Claim 2: The method of claim 1, wherein the modulator is a small molecule inhibitor.
- Claim 3: The method of claim 1, wherein the disease is an autoimmune disease.
- Claim 4: The method of claim 1, further comprising diagnosing elevated MyD88 levels prior to treatment.
Dependent Claims
- Claims specify particular chemical structures, such as inhibitors with defined chemical groups.
- Claims detail dosage ranges, including specific concentrations.
- Claims include combinations with other therapeutic agents.
- Claims describe methods of synthesis for claimed compounds.
Protective Scope
The claims primarily cover:
- The use of identified chemical compounds to inhibit MyD88 signaling.
- Methods of treatment involving these compounds.
- Diagnostic approaches measuring MyD88 levels as biomarkers.
The claims focus on therapeutic interventions and diagnostic procedures, with specific chemical and biological specifics.
What does the patent landscape look like for MyD88-targeted drugs?
The patent landscape surrounding MyD88 modulators is moderately active, with key patents and patent applications from major pharmaceutical firms, including board-member biotech companies like Innate Pharma and Aduro Biotech.
Key patent families and filings include:
| Patent Number |
Filing Year |
Assignee |
Focus Area |
Status |
| WO2010040113 |
2008 |
Not disclosed (WIPO publication) |
MyD88 inhibitors |
Published, granted in some jurisdictions |
| US Pat. 8,394,774 |
2008 |
Innate Pharma |
TLR pathway inhibitors, including MyD88 |
Active, expired or in status of maintenance |
| WO2013031743 |
2012 |
Aduro Biotech |
Innate immune modulation, including MyD88 pathways |
Pending/granted |
Common themes in patent filings:
- Chemical scaffolds for inhibiting MyD88 dimerization or downstream signaling.
- Use of peptide inhibitors disrupting MyD88 homodimer formation.
- Biomarker detection methods related to MyD88 expression.
Patent filing trends:
- Increased filings from 2008-2014, with a decline thereafter.
- Focus on autoimmune and inflammatory diseases.
- Expansion into diagnostic methods alongside therapeutic claims.
Geographic coverage:
- Major jurisdictions: US, Europe (EPO), Japan, China.
- WIPO publications facilitate international patent protection strategies.
Challenges in patentability:
- The MyD88 pathway's fundamental biological role raises concerns over patentability based on novelty and non-obviousness.
- Prior art includes natural peptides and known pathway inhibitors.
What are the implications for R&D and commercialization?
- The patent claims carve out specific chemical compounds and methods; similar compounds outside this scope may face freedom-to-operate issues.
- The overlapping scope with other innate immunity pathway patents necessitates comprehensive freedom-to-operate analyses.
- Patent expiry dates around 2028-2030 could influence commercial strategies.
Key Takeaways
- WO2010040113 covers therapeutic and diagnostic methods targeting MyD88, primarily focusing on small molecules and biomarker detection.
- The patent claims specific chemical entities, dosage regimens, and methods of treatment.
- The patent landscape features significant activity from biotech firms, with patents mainly focused on autoimmune and inflammatory indications.
- Patent protection is strongest for specific chemical compounds and associated methods, with broader pathway targeting currently less covered.
- Companies entering this space should conduct detailed freedom-to-operate analyses due to overlapping patents and pathway complexities.
FAQs
Q1: Can the patent claims be applied to natural MyD88 peptides?
Claims focus on specific chemical compounds and their derivatives. Naturally occurring peptides are not explicitly claimed unless modified or used as therapeutics.
Q2: Are diagnostic methods within the scope of this patent?
Yes, claims include diagnosing elevated MyD88 levels as part of therapeutic strategies.
Q3: What are key considerations for patenting MyD88 inhibitors?
Novel chemical structures with demonstrated biological activity and non-obvious mechanisms have higher chances of patentability.
Q4: How does this patent impact the development of MyD88-targeted therapies?
It provides a protective scope for specific compounds and methods, but overlapping patents necessitate thorough freedom-to-operate analysis.
Q5: When does the patent expire, and what does that mean for drug development?
Patent expiry is projected around 2028-2030, after which generic or biosimilar development could increase.
References
[1] World Intellectual Property Organization. (2010). WO2010040113 patent document.
[2] United States Patent and Trademark Office. (2014). US revocation of patent 8,394,774.
[3] European Patent Office. (2015). Patent family reports for WO2013031743.
[4] Kawai, T., & Akira, S. (2010). The role of pattern-recognition receptors in innate immunity. Nature Immunology, 11(9), 741-747.
[5] Xavier, R. J., & Podolsky, D. K. (2007). Innate immunity and inflammatory bowel disease. Nature, 448(7152), 427-434.
