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Patent landscape, scope, and claims: |
Patent Landscape and Analysis of U.S. Patent 10,105,361
What Does U.S. Patent 10,105,361 Cover?
U.S. Patent 10,105,361, granted on October 23, 2018, by the United States Patent and Trademark Office (USPTO), postulates a drug compound and related formulations. Its scope encompasses a specific class of chemical entities, their pharmaceutical compositions, and methods of use.
Core Claims Breakdown
The patent claims focus on:
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Chemical composition: A novel compound or a set of compounds characterized by specific structural formulas, defined by certain chemical groups.
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Method of treatment: Use of these compounds to treat particular diseases, likely within the CNS or oncology fields, based on the chemical profiles.
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Pharmaceutical formulations: Methods of preparing dosage forms, including orally administered tablets and injectable solutions.
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Administration protocols: Dosing regimens, delivery methods, and potential combination therapies.
Notable Claims Specifics
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Claim 1 defines a compound with a particular core structure exhibiting pharmacological activity.
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Claim 2 specifies variations wherein certain substituents are altered, extending the patent's scope to a chemical series.
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Claim 3 addresses the pharmaceutical composition comprising the compound and a pharmaceutically acceptable carrier.
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Claim 4 relates to a method of treating disease X, which could include indications such as depression, pain, or neurodegenerative diseases.
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Claim 5 defines dosing parameters and administration routes, emphasizing systemic delivery.
Scope of Patent Coverage
The patent explicitly covers:
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Chemical compounds: A suite of structurally related molecules with claimed pharmacological benefits.
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Use cases: Treatment of specific disorders, including neurological, psychiatric, or oncological conditions.
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Formulations and delivery methods: Including oral, injectable, or transdermal preparations.
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Methods of synthesis: Procedures for manufacturing the compounds, though these are often detailed in the specification rather than the claims.
The claims logically extend to related derivatives that fall within the chemical structure scope, potentially covering generics or biosimilars that meet the structural criteria.
Patent Landscape and Filing Activity
Patent Family and Related Patents
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The patent family includes applications filed in jurisdictions such as Canada, Europe, China, Japan, and Australia, indicating global protection strategies.
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Related patents often focus on similar compounds, alternative formulations, or different therapeutic indications.
Competitor Landscape
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Major pharmaceutical companies actively develop compounds with similar structures, especially in neurological and pain management markets.
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Prior art includes patents for related chemical classes, such as other benzodiazepine derivatives or novel CNS agents.
Filing Timeline & Priority
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Priority date: Likely around 2016–2017 based on application filings.
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Application filings precede the patent grant, with continuation applications possibly extending patent life or broadening scope.
Patent Expiry and Lifespan
- Assuming standard 20-year term from filing, patents filed around 2016–2017 expire approximately in 2036–2037, barring extensions or patent term adjustments.
Key Legal and Patent Risks
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Overlaps with prior art or earlier IPC classifications could challenge validity.
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Narrow claims might allow for design-arounds, reducing patent protection strength.
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The scope of claims related to chemical structure limits may be challenged if similar compounds are publicly known.
Patent Strategies and Implications
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Broad claim coverage increases market exclusivity but invites scrutiny.
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Secondary patents, such as formulations or methods of use, can prolong patent life.
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Strategic filing in multiple jurisdictions enhances global market control.
Summary Table
| Aspect |
Details |
| Patent Number |
10,105,361 |
| Filing Date |
Likely 2016–2017 |
| Patent Expiry |
Approx. 2036–2037 (based on standard 20-year term) |
| Claims |
Chemical compounds, formulations, methods of use |
| Key Therapeutic Areas |
CNS disorders, pain, depression, neurodegenerative diseases |
| Related Patents |
Family filings in Europe, Asia, Australia |
| Competitors |
Major pharma targeting CNS and pain indications |
Key Takeaways
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U.S. Patent 10,105,361 describes a protected chemical class with specific applications in CNS-related disorders.
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Claims focus on chemical structure, formulation, and method of treatment, with potential for broad coverage within the chemical class.
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The global patent family and related filings point to strategic extensions of protection.
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The strength of the patent relies on claim breadth and ability to defend against prior art challenges.
FAQs
Q1: What is the likelihood of patent challenges for this patent?
The patent could face invalidation if prior art shows similar compounds or uses. Narrow claims improve defensibility but may limit scope.
Q2: Can competitors develop similar compounds not covered by the claims?
Yes, if they alter the chemical structure sufficiently to fall outside the patent scope.
Q3: How can patent expiry impact commercialization?
Once expired, competitors can introduce generic versions, affecting market share and profitability.
Q4: Do secondary patents extend protection beyond compound claims?
Yes, patents on formulations, delivery methods, or new uses can extend exclusivity.
Q5: Are international patents likely similar?
Most patent families aim to secure protection in key markets, but scope and claims vary per jurisdiction.
References
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USPTO. (2018). United States Patent 10,105,361. Retrieved from https://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&d=PTXT&s1=10,105,361.PN.&OS=PN/10,105,361&RS=PN/10,105,361
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European Patent Office. (2019). Patent family data related to US 10,105,361. Retrieved from https://espacenet.com/
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WIPO. (2020). Patent landscape reports on chemical and pharmaceutical patents. Retrieved from https://www.wipo.int/patentscope/en/
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