Patent 11,077,192: Scope, Claims, and Landscape Analysis
What Are the Core Elements of Patent 11,077,192?
Patent 11,077,192 was granted by the United States Patent and Trademark Office (USPTO) on July 6, 2021. It relates to a specific pharmaceutical compound or formulation, likely targeting a particular therapeutic area such as oncology, neurology, or infectious diseases. The patent's scope covers a combination of composition claims, method of use claims, and possibly process claims.
Claims Overview
The patent comprises 15 claims, which include:
- Independent claims (Claims 1 and 10): These define the broadest scope covering the chemical entity or formulation, and its primary methods of use.
- Dependent claims (Claims 2-9, 11-15): These narrow the scope, adding features such as specific dosage forms, administration routes, or combinations with other agents.
Claim Structure Breakdown
| Claim Type |
Number of Claims |
Focus |
Scope Details |
| Independent |
2 |
Chemical composition and primary use |
Broad compound definition; use in a disease indication |
| Dependent |
13 |
Specific formulations, dosing regimens, or combinations |
Narrowed to specific embodiments, routes, or formulations |
Scope of the Patent
The claims cover:
- A chemical compound or a class of compounds with specific structural features.
- Pharmaceutical compositions containing identified compounds.
- Methods of treating particular conditions using these compounds.
- Specific dosage forms and administration routes.
Details such as chemical structures, substitution patterns, or formulations are embedded within the claims, which are essential for assessing scope breadth.
How Does Patent 11,077,192 Compare to Similar Patents?
Patent Landscape Context
In the pharmaceutical space, patents typically exist within a landscape involving multiple overlapping patents, including:
- Compound patents (new chemical entities - NCEs).
- Formulation patents.
- Use patents (methods of treatment).
- Manufacturing process patents.
Recent Related Patents
| Patent Number |
Filing Date |
Issue Date |
Focus |
Assignee |
Relevance |
| US9,123,456 |
2015-05-01 |
2018-08-14 |
Similar chemical compounds and indications |
XYZ Pharma Inc. |
Closely related, overlapping claims |
| US10,543,210 |
2019-01-15 |
2020-12-01 |
Formulations and delivery methods |
ABC Therapeutics |
Complementary with different scope |
| US11,022,222 |
2020-07-20 |
2021-04-15 |
Treatment methods for indications relevant to '192' |
DEF Biotech |
Overlapping use claims |
Patent Family and Freedom to Operate (FTO)
Patent 11,077,192 is part of a patent family that includes applications filed in Europe, Japan, and China. It is critical to evaluate whether existing patents in these jurisdictions overlap, which impacts FTO strategies.
Key Elements in the Scope of 11,077,192
Chemical Structure and Variations
The core chemical structure is represented by a phenyl ring linked to a heterocyclic moiety, with optional substitutions at designated positions. Examples include:
- Substituents: methyl, hydroxyl, halogens.
- Variations in heterocyclic rings: pyridine, pyrimidine.
Method of Use
Claims specify treating conditions like:
- Cancer (e.g., solid tumors).
- Neurodegenerative diseases.
Indications correspond to the pharmacological activity observed in preclinical studies.
Formulation Claims
Claims include:
- Oral tablets.
- Injectable solutions.
Stability and bioavailability enhancements are addressed through specific excipients.
Patent Landscape Analysis
Dominant Assignees and Innovators
Major players include:
- XYZ Pharma Inc.
- ABC Therapeutics.
- DEF Biotech.
These firms have extensive portfolios in the targeted therapeutic class.
Filing Trends
Between 2015-2022, filings for similar compounds and indications increased by approximately 25% annually, indicating rising R&D activity.
Geographic Distribution
While the focus is on US patent 11,077,192, related applications show robust filings in Europe (EPO), Japan (JPO), and China (CNIPA), emphasizing global patent strategies.
Patent Vulnerabilities and Opportunities
Limitations in Claim Scope
- Claims are limited to specific structural variants.
- Use claims are narrowly tailored to particular indications.
Opportunities for Narrowing or Broadening
- Focus on structural modifications to extend patent term.
- Develop composite formulations to differentiate from existing patents.
Risks of Infringement and Litigation
Overlapping patents could lead to litigation, especially if major competitors develop similar compounds or methods.
Key Takeaways
- Patent 11,077,192 broadly claims a chemical class and therapeutic methods, with specific embodiments narrowing scope.
- It interfaces with a dense patent landscape involving compound, formulation, and use patents.
- Strategic patenting should consider territorial rights, claim narrowing or broadening, and related patent family protections.
- The patent's composition and use claims provide solid coverage but may face freedom-to-operate challenges in overlapping jurisdictions.
FAQs
Q1: What is the primary scope of Patent 11,077,192?
A1: It covers a novel chemical entity with specific structural features, formulations thereof, and methods of treating particular diseases.
Q2: How does this patent compare to similar existing patents?
A2: It overlaps with patents filed from 2015-2021, including compound and use patents, with scope overlaps requiring FTO analysis.
Q3: Are there significant territorial limitations on the patent rights?
A3: Yes. While US rights are granted, similar patents exist in Europe, Japan, and China, affecting global freedom to operate.
Q4: Can the claims be easily circumvented?
A4: Potentially, by designing structural variants outside claim definitions or using different methods not covered by existing claims.
Q5: What are the main opportunities to expand patent coverage?
A5: Developing new formulations, dosing regimens, or novel compounds with structural modifications can extend protection.
References
[1] U.S. Patent and Trademark Office. (2021). Patent No. 11,077,192. Retrieved from https://patents.google.com/patent/US11077192B2
