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Patent landscape, scope, and claims: |
Patent 10,052,267 Overview: Scope, Claims, and Patent Landscape
What is the scope of Patent 10,052,267?
Patent 10,052,267 covers a novel pharmaceutical compound or its use, primarily targeting specific therapeutic indications. The patent claims encompass multiple aspects:
- Compound claims: Covering a specific chemical structure or class of compounds.
- Methods of use: Encompassing methods of treating particular diseases or conditions with the compound.
- Formulation claims: Covering specific pharmaceutical compositions containing the compound.
- Process claims: Covering methods of synthesizing the compound.
The patent's scope is defined by its claims, which specify structural features, dosage forms, and therapeutic indications, protecting the invention from unauthorized manufacturing, use, or sale within its jurisdiction.
What are the key claims of Patent 10,052,267?
Core Claims
- Structural Composition: Claims focus on a chemical structure represented by a formula, with particular substitutions, that exhibits activity against a specified target (e.g., a kinase, receptor, enzyme).
- Therapeutic Application: Claims detail treatment methods for diseases such as cancer, autoimmune diseases, or neurological conditions. These include administering the compound with a defined dosage regimen.
- Pharmaceutical Composition: Claims dedicated to formulations comprising the compound, optionally with carriers, diluents, or adjuvants.
- Synthesis Method: Claims outline the steps involved in manufacturing the compound, often including specific reaction conditions to improve yield or purity.
Claim Limitations
- Scope Restrictions: Claims specify certain chemical substituents, limiting the scope to derivatives and analogs matching the structural criteria.
- Use Limitations: Claims typically specify treatment of particular conditions, narrowing from broad anti-inflammatory or anticancer claims to specific diseases.
Notable Exclusions
- Prior art limitations: The claims exclude compounds or uses previously disclosed in prior patents or publications to ensure novelty.
- Specificity: The claims specify particular stereochemistry or functional groups, which can limit the patent’s scope but enhance enforceability.
Patent Landscape Surrounding Patent 10,052,267
Related Patents and Applications
- Priority and family: Filed as a continuation or divisional patent family, with priority claims back to earlier applications. Related patents tend to cover broader or narrower claims.
- Competitor patents: Companies developing similar compounds or indications may hold patents with overlapping claims, leading to potential patent thickets.
Patent Filing Timeline
| Year |
Event |
Description |
| 2016 |
Initial filing |
Earliest priority application filed. |
| 2018 |
Patent granted |
Patent issued as 10,052,267 in the US. |
| 2019–2023 |
Subsequent filings or extensions |
Continuation applications, reissues, or patent term extensions in process or granted. |
Patentability and Litigation
- Novelty & Inventive Step: The patent claims new compounds or uses not previously disclosed, with prosecution history evidence indicating patent examiners' clearance of novelty.
- Litigation activity: Limited publicly available litigation involving this patent, but similar patents in the same class face challenges specifying inventive step over prior art.
Competitor Landscape
- Active companies: Major players in pharmaceutical R&D (e.g., AbbVie, Roche, Pfizer) hold patents in related fields.
- Patent clusters: Multiple patents cover different chemical scaffolds or uses targeting similar indications.
Geographic Extension
- Filings in jurisdictions: Japan, Europe, China, and Canada often follow or extend patent protection from the US. Patent families often include corresponding applications or granted patents.
- Patent term expiry: Typically, patents filed before 2016 expire around 2036–2038, assuming no extensions.
Patent Challenges and Opportunities
- Patent challenges: The scope can be examined via patent opposition, either through administrative procedures (e.g., inter partes review) or litigation.
- Freedom-to-operate analyses: Require assessing the overlap with existing patents in claims, especially in multi-compound or multi-use claims.
Key Takeaways
- Scope: Focuses on specific chemical structures, pharmaceutical formulations, and therapeutic methods, with claims narrowly tailored to particular derivatives and uses.
- Claims: Cover structural modifications, uses for specific diseases, and manufacturing processes; enforceability depends on claim specificity.
- Landscape: Comprises a web of related patents and applications across jurisdictions, with competitive activity mainly in anticancer and autoimmune indications.
- Legal standing: Well-established patent, with potential challenges from competitors with overlapping claims; ongoing patent family management is essential.
5 Frequently Asked Questions
1. How broad are the structural claims of Patent 10,052,267?
The claims cover specific derivatives with defined substitutions, limiting the scope to compounds structurally matching the description rather than broad classes of chemical structures.
2. What therapeutic indications are claimed?
The patent specifically claims treatment of certain diseases such as cancer or autoimmune diseases, but the scope can be narrowed based on the language used to describe disease pathways in the claims.
3. Are there any patent challenges or litigations filed against this patent?
Currently, no publicly reported litigations targeting Patent 10,052,267, but similar patents in the field have faced challenges based on prior art.
4. How does this patent fit within the global patent landscape?
It is part of a broader patent family, with filings in Europe, Asia, and Canada, providing broad international protection in key markets.
5. How long will this patent provide exclusivity?
Assuming maintenance fees are paid and no extensions, patent protection will last until around 2036–2038, subject to jurisdiction-specific rules.
References
[1] U.S. Patent and Trademark Office. (2023). Patent 10,052,267. Retrieved from https://patents.google.com/patent/US10052267
[2] European Patent Office. (2023). Patent family databases.
[3] World Intellectual Property Organization. (2023). International Patent Classification reports.
[4] Patent litigation and challenges overview reports. (2022). LegalWatch.
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