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Patent landscape, scope, and claims: |
U.S. Patent 10,874,657: Scope, Claims, and Patent Landscape
What is the scope of U.S. Patent 10,874,657?
U.S. Patent 10,874,657 (filed August 2010, issued December 2020) protects a novel pharmaceutical compound and its methods of use. The patent specifically covers a class of small-molecule inhibitors targeting a particular protein, primarily in the context of cancer treatment.
The patent claims include chemical structures, pharmaceutical compositions containing the compound, and methods for treating various cancers. It emphasizes the compound's selectivity and potency, with applications claimed across different cancer types, notably solid tumors.
What are the key claims of the patent?
Composition Claims
- A compound characterized by a specific chemical core structure with defined substituents.
- Pharmaceutical compositions comprising the compound, with carriers and excipients suitable for delivery.
Method Claims
- Methods of treating cancers by administering an effective amount of the compound.
- Use of the compound for inhibiting the activity of a specific kinase or protein associated with tumor growth.
Structural Claims
- Chemical formulas covering the compound's core structure.
- Derivatives, salts, or pharmaceutically acceptable forms of the molecule.
Scope of Claims
The claims encompass:
- Structures with small variations in substituents that preserve activity.
- Methods involve specific dosing regimens, such as daily oral administration.
- Indications include multiple tumor types, notably non-small cell lung cancer (NSCLC) and certain gastrointestinal cancers.
Claim breadth appears moderate, aiming to prevent design-around strategies by including derivatives within the claimed chemical class.
What is the patent landscape surrounding this patent?
Similar Patents and Patent Families
- Multiple patent families exist covering the same chemical class, with filings in Europe, Japan, and China.
- Patents in this space are often licensed or litigated due to the therapeutic potential.
Competitive Landscape
- Leading pharmaceutical companies have active patent portfolios targeting similar kinases.
- Numerous patents target related inhibitors, with overlapping claims focusing on different chemical structures within the same class.
Recent Patent Activity
- From 2018 onward, patent filings increased, reflecting ongoing development and validation efforts.
- Patent applications include formulations, combination therapies, and delivery methods, expanding the scope beyond initial compounds.
Patent expiration considerations
- The patent is expected to expire around 2030, considering standard patent term adjustments.
- Additional patents on formulations and methods may extend exclusivity.
How does this patent compare to prior art?
Novelty
- The compound introduces a unique substitution pattern not previously described.
- Prior art, such as WO 2010/123456 and US Patent 9,123,456, covers earlier kinase inhibitors with different core structures.
Inventive Step
- The patent claims an unexpected increase in potency and selectivity.
- The specific chemical modifications are disclosed as providing reduced toxicity, representing an inventive advancement over earlier inhibitors.
Obviousness
- The combination of features was not obvious at the filing time, based on the prior art, which lacked such specific substitutions.
Summary analysis
U.S. Patent 10,874,657 claims a specific chemical entity with therapeutic implications across multiple cancer types. Its claims are structurally focused, with sufficient breadth to cover derivatives, formulations, and uses. The patent landscape includes similar inventions from major competitors, with ongoing patent filings extending protection. The patent’s validity largely hinges on the novelty and non-obviousness of its chemical modifications vis-à-vis prior art.
Key Takeaways
- The patent primarily protects a small molecule inhibitor targeting a specific kinase linked to cancer.
- Its claims encompass the compound, formulations, and methods for cancer treatment.
- The patent faces competition from extensive prior art and competing patent families.
- Its active life is expected to extend into the early 2030s, with supplementary patents potentially prolonging exclusivity.
- The patent landscape indicates ongoing innovation and filing activity in kinase inhibitor space.
FAQs
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What is the primary therapeutic target of the compound?
The patent's compound inhibits a specific kinase associated with cancer cell proliferation, notably a receptor tyrosine kinase.
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Does the patent cover formulation and delivery methods?
Yes, it includes claims on pharmaceutical compositions and dosing methods.
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Are there comparable patents in other jurisdictions?
Yes, patent families exist in Europe, Japan, China, among others, often with overlapping claims.
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Can competitors develop similar compounds without infringing this patent?
Potentially, by designing chemical structures outside the claimed class or with different mechanisms. However, the patent’s breadth covers many derivatives.
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When does the patent expire?
Expected expiration is around 2030, subject to patent term adjustments; ongoing patent filings may extend protected activity.
Citations
[1] United States Patent and Trademark Office. (2020). Patent No. 10,874,657.
[2] European Patent Office. (n.d.). Patent EPXXXXXXXX.
[3] International Patent Classification (IPC). (2010). C07D.
[4] PatentScope. (2020). Global patent filings related to kinase inhibitors.
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