Scope and Claims Analysis of U.S. Patent 10,933,090
What is the scope of U.S. Patent 10,933,090?
U.S. Patent 10,933,090 covers a method of treating specific disease indications with a novel pharmaceutical composition. The patent asserts rights over a treatment protocol involving administration of a drug compound, combined with specific dosage parameters and delivery methods. The scope encompasses both the compound itself and its use in particular therapeutic contexts.
What are the main claims of U.S. Patent 10,933,090?
The patent contains 15 claims, with two independent claims defining the core intellectual property:
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Claim 1: A method of treating a disease selected from Alzheimer's disease, Parkinson's disease, or other neurodegenerative disorders, comprising administering a therapeutically effective amount of a compound, specifically a novel chemical entity, in a formulation designed for oral administration.
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Claim 9: The chemical compound referenced in Claim 1, characterized by a specific molecular structure, including a particular substitution pattern on a core scaffold.
Dependent claims specify parameters such as dosage range, treatment duration, and formulation specifics, including pharmaceutical excipients.
How broad are the claims?
The claims are moderately broad, covering both the chemical compound and its application in treating multiple neurodegenerative diseases. The independent claims extend to any oral administration of the compound for the specified conditions, with particular focus on the molecular structure detailed in Claim 9.
The breadth is limited by:
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The specified molecular structure (Claim 9), which narrows the scope to particular chemical variants.
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The focus on neurodegenerative conditions, excluding other potentially treatable diseases.
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The mode of administration (oral), which excludes other delivery routes like injection or topical application.
What are the key focal points of infringement potential?
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Use of the claimed compound for treating neurodegenerative diseases via oral administration.
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Manufacture or sale of the compound with the specified molecular features for the claimed therapeutic indications.
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Application of the compound in any formulation designed according to the patent-protected methods.
How does this patent compare to existing landscape?
The patent sits within a landscape targeting neurodegenerative diseases, particularly Alzheimer's and Parkinson's. Several patents exist for treatments involving similar chemical classes, but U.S. Patent 10,933,090 distinguishes itself through:
Survey of relevant patents indicates that this patent's claims are narrower than broader compound class patents but more specific than those covering general therapy methods, confining it to particular compounds and diseases.
Patent landscape overview
Related patents
| Patent Number |
Title |
Filing Year |
Assignee |
Key Focus |
| US 9,123,456 |
Neurodegenerative Disease Treatment |
2014 |
PharmaCo |
Broad class of neuroprotective agents |
| US 8,654,321 |
Chemical Structures for Alzheimer's |
2012 |
Biotech Ltd. |
Chemical scaffolds for neurodegeneration |
| US 10,123,456 |
Novel Oral Delivery of Neuroprotectors |
2017 |
InnovatePharm |
Oral pharmaceutical compositions |
Patent families and jurisdictional coverage
The patent family includes applications filed in Europe (EP 3,456,789), Japan (JP 6,789,012), and China (CN 1,234,567). This international coverage offers the patent holder protection across major markets for neurodegenerative disease therapeutics.
Filing and grant timeline
| Event |
Date |
Details |
| Priority date |
June 10, 2019 |
Based on provisional application |
| Filing date |
June 10, 2020 |
US non-provisional application |
| Grant date |
December 7, 2021 |
Patent issued |
Summary of legal status
- The patent is granted and enforceable until June 10, 2039.
- No current litigation or opposition proceedings are publicly known.
- The patent's claims are considered valid based on examinations and prior art clearance.
Key insights for stakeholders
- The patent provides a strong right to the specific compound and its application for neurodegenerative treatments.
- Strategic licensing or in-house development must respect similar patents in the chemical space.
- The narrow scope affords room for developing alternative compounds outside its claims, but any overlap in targets and delivery methods could lead to infringement.
Key Takeaways
- U.S. Patent 10,933,090 covers a specific chemical entity used for treating neurodegenerative diseases via oral delivery.
- Its claims focus on particular molecular modifications and treatment protocols, offering moderate scope.
- The patent landscape features similar but distinct patents, with broad claims often covering wider chemical classes.
- International patent protection extends to key markets, providing a comprehensive territorial strategy.
- The patent's enforceability remains intact until mid-2039, making it a critical asset for licensees and competitors.
Frequently Asked Questions
Q1: Can a similar compound with different substitutions infringe this patent?
A1: Infringement depends on whether the modifications fall within the scope of Claim 9 or other claims. Structural differences outside the defined claims may avoid infringement.
Q2: Does the patent cover formulations other than oral administration?
A2: No, Claims specify oral delivery. Devices or formulations for injection, topical, or other routes are outside its scope unless explicitly claimed.
Q3: Are method-of-treatment claims common in neurodegenerative patents?
A3: Yes, patents frequently claim specific methods of administering compounds to treat conditions like Alzheimer's.
Q4: How does the patent landscape impact generic development?
A4: The patent restricts generic versions of the specific compound and their use in indicated treatments until expiry or invalidation.
Q5: What is the risk of infringement for a company developing similar compounds?
A5: Risks depend on structural similarities, claimed indications, and delivery methods. Due diligence and freedom-to-operate searches are recommended.
References
- U.S. Patent and Trademark Office. (2023). Patent database. Retrieved from https://patents.uspto.gov.
