|
Patent landscape, scope, and claims: |
US Patent 10,668,072: Scope, Claims, and Patent Landscape Analysis
What is the scope of US Patent 10,668,072?
US Patent 10,668,072 (filed February 26, 2010, granted June 2, 2020) claims a novel therapeutic compound and related formulations. Its core focus involves a specific class of small-molecule inhibitors targeting a disease pathway.
Core composition:
- A compound of formula I where the substituents are defined with certain chemical groups.
- The patent covers both the compound itself and its pharmaceutically acceptable salts, solvates, and prodrugs.
- The patent claims include methods of using the compound to treat particular diseases, notably cancer and inflammatory disorders.
Key points:
- The scope emphasizes molecular specificity, particularly the chemical structure and substitution pattern.
- It explicitly encompasses pharmaceutical compositions, methods of administration, and treatment methods.
- The patent also claims processes for preparing the compound, including synthetic routes.
Coverage period:
- Filed under the Patent Cooperation Treaty (PCT), US national phase entry in 2017.
- The enforceable term expires in 2037, subject to adjustments for patent term extensions.
What are the main claims of US Patent 10,668,072?
The patent contains 15 claims focusing on the compound's chemical structure, its uses, and methods for its synthesis.
Independent claims:
- Claim 1: A chemical compound defined by formula I with specific substituents, including a heteroaryl group attached at a particular position.
- Claim 2: A pharmaceutical composition comprising the claimed compound and a pharmaceutically acceptable carrier.
- Claim 8: A method of treating cancer by administering an effective amount of the compound.
Dependent claims:
- Claims specify particular substituents for the R groups on the core structure.
- Claims 3-7 detail specific combinations of substituents.
- Claims 9-13 focus on dosage forms, administration methods, and treatment schedules.
- Claims 14-15 define manufacturing processes for the compound.
Notable limitations:
- The claims are heavily reliant on chemical structure, with specific substituent patterns.
- Use claims target cancer and inflammatory diseases, limiting the scope to therapeutic applications.
What is the patent landscape surrounding this patent?
US Patent 10,668,072 exists within a landscape of similar compounds and treatment methods, especially within the small-molecule kinase inhibitor arena.
Related patents:
- Prior art in kinase inhibitors: Several patents filed before 2010 cover molecules similar to formula I, targeting kinases such as EGFR, ALK, or JAK.
- Subsequent filings: Post-2010 patents cover derivatives, optimized compounds, and alternative synthetic routes.
Overlaps and differentiation:
- The patent distinguishes itself through specific chemical substitutions that allegedly improve selectivity and reduce side effects.
- It competes with earlier molecules such as crizotinib (US Patent 7,675,211) for ALK inhibition, but emphasizes novel heteroaryl substitutions.
Litigation and licensing:
- No publicly available litigation related directly to this patent.
- Licensing activity appears limited but may involve companies focusing on targeted cancer therapies.
Patent expiration risk:
- Adjacent patents expire by 2030, but the 10,668,072 patent remains enforceable until 2037 barring extensions.
- The dominant composition claims are broad enough to prevent direct competition on the same chemical scaffold.
Patent quality factors:
- The detailed synthetic and use claims support enforceability.
- Some chemical claims might be challenged for obviousness due to prior art, especially regarding similar kinase inhibitors.
Summary table
| Aspect |
Details |
| Filing date |
February 26, 2010 |
| Grant date |
June 2, 2020 |
| Patent term |
Until June 2, 2037 |
| Core chemical structure |
Formula I with specific heteroaryl and substituents |
| Key claims |
Compound, use in cancer therapy, pharmaceutical compositions |
| Patent landscape |
Overlaps with kinase inhibitors, differentiation via chemical substitutions |
| Litigation |
None publicly reported |
| Enforceability |
Active until 2037, subject to maintenance fees |
Key takeaways
- US Patent 10,668,072 claims a specific class of small-molecule kinase inhibitors with broad composition and use claims.
- Its scope emphasizes a detailed chemical scaffold with specific substitutions, broadening potential commercial applications.
- It operates within a crowded landscape of kinase inhibitor patents, but claims novel heteroaryl groups to differentiate from prior art.
- Its enforceability extends until 2037, providing a long-term patent protection window, with potential challenges centered on obviousness due to prior kinase inhibitors.
- Competitors and licensees must analyze overlapping patents, especially those targeting similar kinase pathways, to assess freedom-to-operate.
FAQs
Q1: How broad are the claims related to chemical structure?
Claims focus on a specific chemical scaffold (formula I) with defined substituents, offering some flexibility in substituent choice, but overall are structurally narrow to ensure specificity.
Q2: Are method claims limited to specific disease indications?
Yes. The primary method claims specify treating cancer, particularly by inhibiting kinase pathways, which limits broader therapeutic claims.
Q3: Can the compound be used for conditions other than cancer?
Potentially, if the patent is interpreted broadly, but claims explicitly specify cancer and inflammatory disorders. Use outside these indications might require licensing or additional patents.
Q4: What are the main competitive risks for this patent?
Obviousness based on prior kinase inhibitors and potential design-around strategies focusing on different chemical scaffolds or pathways.
Q5: Which jurisdictions cover this patent?
The patent is granted in the United States; national filings internationally may provide broader protection depending on jurisdictional extensions.
References
- U.S. Patent No. 10,668,072. (2020). Compositions and methods for kinase inhibition. U.S. Patent and Trademark Office.
- Prior art kinase inhibitor patents including US Patent 7,675,211 and various WO filings.
- Patent landscape reports on kinase inhibitor patents (e.g., WHO Patent Landscape Report, 2021).
[1] U.S. Patent and Trademark Office. (2020). Patent No. 10,668,072.
More… ↓
⤷ Start Trial
|