United States Patent 10,717,721: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 10,717,721, granted on July 21, 2020, is a significant patent in the pharmaceutical sector, particularly involving chemical compounds with therapeutic applications. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Patent Number and Date
The patent in question is US 10,717,721 B2, granted on July 21, 2020, with the application filed on January 18, 2018[1].
Inventors and Assignees
The patent was invented by Fadini et al. and assigned to the respective entities involved in the patent application process.
Classification
The patent falls under various classifications, including A61K 31/675, A61K 45/06, and C07D 213/74, among others. These classifications indicate its relevance to pharmaceutical compositions and specific chemical compounds[1].
Scope of the Patent
Subject Matter
The patent pertains to specific chemical compounds, particularly those with potential therapeutic applications. It includes detailed descriptions of compounds such as:
- 4-(5-(2-(3,5-bis(trifluoromethyl)phenyl)-N,2-dimethylpropanamido)-1-oxido-4-(o-tolyl)pyridin-2-yl)-1-methylpiperazine 1-oxide[1].
Therapeutic Applications
These compounds are likely intended for various therapeutic uses, given the classifications under A61K, which relate to pharmaceutical preparations. The specific therapeutic applications, however, are not explicitly stated in the patent abstract but can be inferred from the chemical structures and related classifications.
Claims of the Patent
Independent and Dependent Claims
The patent includes multiple claims, both independent and dependent. Independent claims define the broad scope of the invention, while dependent claims narrow down the scope by adding additional limitations.
- Independent Claims: These claims outline the core aspects of the invention, such as the specific chemical structures and their pharmaceutical uses.
- Dependent Claims: These claims build upon the independent claims by adding specific details or limitations, such as particular substituents or preparation methods[1].
Claim Language and Scope
The scope of the patent claims is crucial for determining the breadth of protection. Research suggests that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Patent Landscape
Related Patents and Applications
The patent is part of a series of continuations and continuations-in-part, indicating a complex and evolving patent strategy. It is linked to earlier applications such as 15/874,325, 15/194,984, and PCT/US2012/066778, among others[1].
Litigation and Settlements
While the specific patent 10,717,721 is not mentioned in recent litigation updates, understanding the broader landscape of pharmaceutical patent litigation is essential. Cases like Otsuka Pharm. Co., Ltd. v. MSN Labs. Pvt. Ltd. and Novo Nordisk Inc. v. Alvogen, Inc. highlight the complexities and legal battles surrounding pharmaceutical patents[2].
Patent Maintenance and Expiration
The patent is subject to maintenance fees, with recent payments made in 2023 and 2024. This indicates that the patent remains active and is expected to be enforced until its expiration date, which is not yet specified but will be determined based on the patent term and any potential extensions[4].
Impact on the Pharmaceutical Industry
Innovation and Incentives
The patent's scope and claims can influence innovation in the pharmaceutical sector. Broader patents can sometimes be seen as overly broad, leading to increased licensing and litigation costs, which can diminish incentives for innovation[3].
Competitive Landscape
The presence of multiple patents protecting similar or related compounds can create a complex competitive landscape. Companies must navigate these patents to avoid infringement while developing their own therapeutic agents.
Key Takeaways
- Patent Scope: The patent covers specific chemical compounds with therapeutic applications, with both independent and dependent claims defining its scope.
- Classification: It falls under various pharmaceutical and chemical classifications.
- Related Patents: Part of a series of continuations and continuations-in-part, indicating a strategic patent approach.
- Maintenance and Expiration: Active with recent maintenance fee payments.
- Impact on Industry: Influences innovation and the competitive landscape in the pharmaceutical sector.
FAQs
What is the primary subject matter of United States Patent 10,717,721?
The primary subject matter involves specific chemical compounds with potential therapeutic applications.
How does the patent fit into the broader patent landscape?
It is part of a series of continuations and continuations-in-part, indicating a complex and evolving patent strategy.
What are the implications of the patent's scope and claims?
The scope and claims can influence innovation and create a complex competitive landscape in the pharmaceutical sector.
How is the patent maintained?
The patent is subject to maintenance fees, with recent payments made in 2023 and 2024.
What are the potential therapeutic applications of the compounds described in the patent?
The compounds are likely intended for various therapeutic uses, although the specific applications are not explicitly stated in the patent abstract.
Sources
- United States Patent and Trademark Office, "United States Patent: Fadini et al.", US 10,717,721 B2, July 21, 2020.
- Robins Kaplan LLP, "ANDA Litigation Settlements | Hatch-Waxman", 2023.
- SSRN, "Patent Claims and Patent Scope", September 29, 2016.
- Pharsight, "Akynzeo patent expiration", accessed December 19, 2024.
