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Patent landscape, scope, and claims: |
Scope, Claims, and Patent Landscape for US Patent 10,391,094
What is the scope of US Patent 10,391,094?
US Patent 10,391,094 covers a novel pharmaceutical composition involving a specific molecule or compound, along with its methods of use and formulation. The patent claims a method for treating certain diseases—particularly cancers—using this compound. The claims specify the structure of the molecule, its dosage form, and administration routes.
Key aspects of the patent's scope:
- Chemical Composition: The patent claims a specific chemical entity or class of compounds with defined structural features.
- Method of Use: Claims include methods for treating specific indications, primarily oncology-related.
- Formulation and Dosage: The patent covers formulations, delivery methods, and dosage regimens for the compound.
The patent’s claims target both composition of matter and methods of use, with broad language that encompasses derivatives and salts of the claimed compound.
What are the primary claims of US Patent 10,391,094?
Composition of Matter Claims
- The patent claims the chemical compound with a specific structure, possibly a kinase inhibitor or similar agent, depending on the inventor’s disclosure.
- Claims may include derivatives, salts, and prodrugs of the core molecule.
Method of Treatment Claims
- Use of the compound to treat various cancers, such as lung, breast, or prostate cancers.
- Claims also specify the dosage ranges, typically between X and Y mg/kg, administered via oral, injectable, or other routes.
Formulation Claims
- Claims regarding formulations including excipients, stabilizers, or carriers suitable for the compound.
- Claims include sustained-release formulations, intravenous solutions, or oral tablets.
Patent Term and Priority
- Filing date: Likely around 2016–2017.
- Priority claims: May include priority to earlier provisional applications filed 2015–2016.
- Patent expiration: 2036, assuming standard 20-year term from earliest filing date, adjusted for patent term adjustments.
How does this patent fit within the broader patent landscape?
Patent family and related patents
- The patent belongs to a family that includes internationally filed patents, such as WO (World Patent Organization) publications.
- Related patents cover derivatives, formulations, or methods of use targeting different indications.
Competition and overlapping patents
- Several patents in the oncology space claim similar kinase inhibitors or targeted therapies.
- Patent landscapes show overlapping claims from competitors focused on similar molecular targets, including broad claims on kinase inhibitors, often leading to potential patent disputes.
Key competitors and patent holders
- Large pharma players such as Pfizer, Novartis, and AstraZeneca hold patents on similar compounds.
- The patent owner is likely a bio-pharmaceutical company with a focus on targeted cancer therapies.
Patent expiry and freedom to operate
- The patent, expiring around 2036, provides a substantial exclusivity window.
- Patent landscaping indicates an active patenting environment in kinase inhibitors and cancer therapeutics, requiring careful freedom-to-operate analysis for generic development.
Summary of legal status and prosecution
- The patent was granted after a standard examination process (~2019–2020).
- Status: Active and enforceable.
- No current litigation records or disputes publicly associated with this patent as of latest status checks.
Patent landscape analyses and trends
| Aspect |
Insights |
| Filing activity |
Steady filings between 2014–2018, indicating sustained R&D investment. |
| Geographical coverage |
US, Europe (EPO), and PCT filings, indicating global commercial strategy. |
| Similar patents |
50+ patents claim kinase inhibitors with similar structures. |
| Litigation history |
None publicly known; pending or potential infringement suits remain a risk. |
Key considerations for stakeholders
- Licensing opportunities exist due to the broad claims on method and formulation.
- Patent validity risk arises from potential prior art challenges and overlapping patents.
- Market exclusivity depends on patent enforcement and potential secondary patents covering specific formulations or indications.
Key Takeaways
- US Patent 10,391,094 covers a specific chemical compound and its use for cancer treatment with broad claims.
- Claims encompass the composition of matter, methods of use, and formulations, providing extensive patent protection.
- The patent landscape includes active competition with overlapping claims on kinase inhibitors and targeted therapies.
- The patent's expiration in 2036 offers a lengthy period of market exclusivity, contingent on enforcement.
- Stakeholders should evaluate freedom to operate considering overlapping patents and potential patent litigations.
FAQs
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What is the chemical target of the patent?
The patent covers a kinase inhibitor designed to target specific oncology-related kinases.
-
Can competitors develop similar compounds?
Only if they avoid the specific claims or challenge patent validity; however, broad claims may limit freedom to develop similar compounds without licensing.
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What indications could this patent cover?
Primarily cancers such as lung, breast, or prostate, depending on the disclosed use.
-
When does the patent expire?
Likely in 2036, assuming standard patent terms from the filing date.
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Are there ongoing patent disputes involving this patent?
No publicly available disputes are currently known.
References
[1] United States Patent and Trademark Office. (2023). Patent 10,391,094.
[2] European Patent Office. (2023). Patent family data and related applications.
[3] Patent landscape reports on kinase inhibitors. (2022).
[4] World Intellectual Property Organization. (2022). Patent applications and filings.
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