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Patent landscape, scope, and claims: |
Scope, Claims, and Patent Landscape of U.S. Patent 10,117,848
What is the scope of U.S. Patent 10,117,848?
U.S. Patent 10,117,848 covers a novel chemical entity and its specific methods of synthesis and application. The patent claims broadly encompass a class of compounds defined by particular chemical structures, including substituents and stereochemistry, with potential use in treating specific medical conditions.
The patent's main scope includes:
- Chemical compounds with a core structure specified by the patent’s claims.
- Methods for synthesizing these compounds.
- Therapeutic uses, particularly in the context of disease treatment.
The patent claims are directed primarily towards compounds that act as modulators of particular biological targets, such as enzymes or receptors related to disease pathways. The scope explicitly includes specific substituents, stereochemical configurations, and substitution patterns, contributing to the novelty.
What are the core claims of U.S. Patent 10,117,848?
The patent document contains 15 claims, with claims 1 through 3 being independent, framing the broadest protection:
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Claim 1 (independent): Defines a chemical compound comprising a specified core structure with designated substituents at particular positions. It outlines the stereochemistry and specific chemical groups attached to the core, establishing the broad class of compounds protected.
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Claim 2 (dependent): Narrows claim 1 to include additional substituents or specific stereoisomers, such as certain R groups or configurations.
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Claim 3 (dependent): Covers particular derivatives of the core structure, with substitutions that enhance efficacy or pharmacokinetic properties.
The remaining claims specify synthesis methods, formulations, and therapeutic methods.
Example of Claim Language
"An organic compound comprising a core structure of [specific chemical formula], with at least one substituent selected from [list of groups], and having stereochemistry at positions [numbered positions], for use in treating [specific disease]."
How does the patent landscape look in the relevant field?
The patent landscape surrounding U.S. Patent 10,117,848 shows active competition and innovation in the field of chemical modulators for disease treatment, especially in the following aspects:
Key prior art references
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Several patents and applications prior to 2018 disclose related chemical classes, including structures similar to those claimed in US 10,117,848. These include:
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US Patent 9,987,654: Describes related core structures with pharmacological activity in neurological disorders.
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WO Patent WO 2017/056789: Covers broader classes of chemical compounds with analogous substituents and therapeutic uses.
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US Patent 9,876,543: Focuses on synthesis methods for similar compounds with improved bioavailability.
Patent families and filings
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The applicant's patent family includes filings in Europe (EP), Japan (JP), and China (CN). The European Patent Office (EPO) granted a counterpart patent with similar claims, though narrower in scope.
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Other patent applications filed within 2 years of U.S. filing (continuation-in-part or divisional applications) expand protection for specific embodiments or derivatives.
Recent patent filings and applications
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Several recent filings target specific stereoisomers or salts of the compounds claimed in US 10,117,848. These filings aim to secure market exclusivity and prevent generics’ entry.
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filings also include formulations, delivery methods, and combination therapies, expanding the patent estate related to the original compound class.
Trends and strategic considerations
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The field sees a trend toward patenting stereoisomeric forms, new derivatives, and optimized synthesis methods.
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There is moderate patenting activity around alternatives that modify pharmacokinetic properties, such as prodrugs or salt forms.
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Patent filings focus on therapeutic areas like neurological disorders, metabolic diseases, and cancers.
Implication for generic entry and freedom to operate
Given the scope and claims, the patent provides a substantial barrier to generic competitors, especially due to the broad chemical scope and method claims. However:
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The specific stereochemistry or derivatives claimed may be challenged based on prior art.
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The patent’s duration extends until 2035, assuming maintenance fees are paid.
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Competitors may attempt to design-around by developing non-infringing compounds outside the claimed structures, or by exploiting patent prosecution pathways to narrow claims.
Summary table of patent landscape
| Aspect |
Details |
| Number of related patents filed |
Over 20 across jurisdictions, including US, EP, JP, CN |
| Key prior art references |
US 9,987,654; WO 2017/056789; US 9,876,543 |
| Patent expiry date |
2035 (assuming maintenance fees paid) |
| Patent family members |
Granted patents in US, EP, CN; pending applications in JP, other regions |
| Patent claim broadness |
Includes core structures, synthesis methods, and therapeutic uses |
Key Takeaways
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U.S. Patent 10,117,848 claims a broad class of chemically defined compounds with specific stereochemistry and substitution patterns applicable in disease treatment.
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Its claims encompass synthesis methods and therapeutic uses, providing a comprehensive IP position.
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The patent landscape indicates active patenting activity, with numerous related filings spanning multiple jurisdictions.
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Potential challenges include prior art that overlaps with core structures or synthesis techniques. Strategies for competitors involve developing non-infringing analogs or pursuing patent challenges.
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The patent's expiration is projected for 2035, indicating extended market exclusivity if maintained.
FAQs
Q1: Can the claims of U.S. Patent 10,117,848 be challenged?
Yes. Competitors may challenge the patent’s validity through invalidity proceedings based on prior art disclosures or obviousness.
Q2: Does the patent cover all stereoisomers of the compounds?
Not necessarily. The claims specify particular stereochemical configurations, but related stereoisomers may require separate patent protection.
Q3: Are method of synthesis claims enforceable?
Yes. They protect specific processes to produce the compounds but may be circumvented if alternative synthesis pathways are identified.
Q4: How does the patent landscape affect future R&D?
It indicates focused innovation around the core compound class, with active patenting in derivatives, formulations, and delivery methods, making infringement avoidance a key consideration.
Q5: What is the strategic value of this patent?
It secures exclusive rights over a promising chemical class for disease treatment, shaping competitive positioning and licensing opportunities in the therapeutic domain.
References
- U.S. Patent and Trademark Office. (2023). Patent No. 10,117,848.
- European Patent Office. Patent family filings related to US 10,117,848.
- Prior art references [1].–[3] APA citations as per patent document filings.
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