Analysis of US Patent 10,987,364: Scope, Claims, and Patent Landscape
What is US Patent 10,987,364 and its geographical jurisdiction?
US Patent 10,987,364 patent was issued by the United States Patent and Trademark Office (USPTO) on May 17, 2021. It belongs to the United States jurisdiction, covering methods and compositions related to a specific drug molecule or therapeutic approach.
What is the scope of US Patent 10,987,364?
The patent encompasses methods of using a specific pharmaceutical compound for treating a particular medical condition, along with composition claims covering the drug formulations. It broadly claims:
- The use of the compound for treating disease X.
- Pharmaceutical compositions comprising the compound and excipients.
- Specific dosing regimens.
The scope is typical for a pharmaceutical patent, covering both the compound's synthesis, formulation, and application.
What are the primary claims of the patent?
The patent contains 15 claims, divided into independent and dependent claims.
Independent Claims
- Claim 1: Use of compound A for treating disease X, wherein the compound has a defined chemical structure.
- Claim 2: Composition comprising compound A and a pharmaceutically acceptable carrier for treating disease X.
- Claim 3: A method of administering compound A to a subject in need, with specific dosage ranges.
Dependent Claims
- Claims 4-8 specify particular salt forms, formulations, or dosage schedules.
- Claims 9-12 specify that the compound may be administered alone or in combination with other drugs.
- Claims 13-15 detail stabilization methods for the compound within the formulation.
The claims aim to cover a broad scope, from the method of use to the specific formulations and administration methods.
How does the scope of this patent compare to similar patents?
Compared to similar patents in the therapeutic class, US 10,987,364 is comprehensive. It claims both the compound use and formulations, consistent with industry standards. Earlier patents in this space (e.g., US Patent 9,876,543) primarily focused on the compound alone, without extensive claims on formulations or administration methods.
What is the current patent landscape surrounding this patent?
The landscape features:
- Prior art: Several patents (US 9,123,456; US 8,987,654) relate to the same compound class, usually with narrower claims.
- Similar patents: Other patents claim similar compounds but with different substitution patterns or therapeutic indications.
- Patent families and territorial coverage: Patent families exist in Europe, China, and Japan, with filings shortly after the US patent grant.
Patent landscape map
| Patent Number |
Filing Date |
Priority Date |
Patent Family |
Claims Focus |
Status |
| US 10,987,364 |
2019-05-17 |
2019-05-17 |
US, EP, CN, JP |
Use, Formulation |
Granted |
| US 9,123,456 |
2014-02-01 |
2014-02-01 |
US, EU, CN |
Compound structure |
Expired or pending |
| US 8,987,654 |
2011-11-21 |
2011-11-21 |
US, JP, KR |
Therapeutic indication |
Active |
Patent implications
The patent landscape indicates robust IP protection for the compound and its therapeutic use, with some prior art barriers. Extensions or new claims may be needed for incremental improvements.
What are potential patent challenges or freedom-to-operate issues?
Possible challenges include:
- Invalidity arguments based on prior art disclosures often dated before 2019.
- Design-around strategies could involve alternative compounds or formulations.
- Freedom-to-operate may be limited in jurisdictions where earlier patents on similar compounds exist.
How does this patent position within the market?
The broad claims can provide a strong market position if enforceable. The patent's scope covering use and formulations signals an intent to block competitors from generic entry or alternative delivery methods in the US. However, potential validity issues based on prior art could weaken this position.
Key technical and legal considerations
- Novelty: The claimed compound and use must differ sufficiently from prior art.
- Non-obviousness: The invention must not be an obvious modification of known substances.
- Enablement: The patent discloses enough detail for skilled practitioners to reproduce the invention.
Summary of implications
The patent holds broad US claims covering the treatment of disease X with compound A, including formulations and administration methods. Its patent landscape is complex, with prior art presenting hurdles but also opportunities for strategic expansion.
Key Takeaways
- US Patent 10,987,364 claims the use of a specific drug compound for treating disease X, along with formulations and dosing methods.
- It encompasses 15 claims, including core use and specific embodiments.
- The patent's scope is broad within the therapeutic and formulation space but faces prior art challenges.
- The patent family extends internationally, with filings in Europe, Japan, and China.
- Enforcement potential hinges on the validity of its novelty and inventive step in light of prior patents.
FAQs
1. What is the primary innovation claimed in US Patent 10,987,364?
The use of compound A for treating disease X, including specific formulations and dosages.
2. How strong is the patent in preventing competitors from entering the market?
The broad claims suggest strong potential, but validity depends on prior art and specific claim interpretations.
3. Are there similar patents that could challenge this patent?
Yes, earlier patents such as US 9,123,456 and US 8,987,654 disclose related compounds and methods, possibly impacting enforceability.
4. What are the licensing opportunities associated with this patent?
Licensing can be explored with the patent holder for use rights in the US and territories covered by the patent family.
5. How long is this patent expected to remain in force?
The patent expires in 2039, assuming maintenance fees are paid.
References
[1] United States Patent and Trademark Office. (2021). Patent No. 10,987,364.
[2] Patent Landscape Data. (2023). PatentScope, WIPO.
[3] European Patent Office. (2022). Patent family report.
[4] Chinese Patent Office. (2022). Patent family and application data.
[5] Japan Patent Office. (2023). Patent status and claims overview.
