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Patent landscape, scope, and claims: |
United States Patent 11,628,139: Scope, Claims, and Patent Landscape
What Does Patent 11,628,139 Cover?
Patent 11,628,139 addresses a novel therapeutic compound, a method of administering the compound, and specific formulations resulting from this invention. It focuses on a class of molecules with potential applications in treating a range of diseases, including inflammatory and autoimmune disorders.
Key Elements:
- Chemical composition: The patent claims a set of compounds with a specific chemical backbone, including various substitutions.
- Method of use: The patent covers methods of administering the compounds, especially via oral, injectable, or topical routes.
- Formulations: It encompasses pharmaceutical compositions containing the compound, including sustained-release and combination therapies.
Scope of the Claims
Claim Types:
- Compound claims: Cover chemical entities with defined structural features. For example, compound claims specify the core structure and allowable substitutions.
- Method claims: Cover methods of treatment using these compounds for particular indications, including dosage regimens and routes of administration.
- Formulation claims: Define pharmaceutical compositions, including specific excipients and delivery mechanisms.
Claim Strength:
- Independent claims: Broad, covering the core chemical structure and general methods.
- Dependent claims: Narrower, adding specific substitutions or manufacturing details.
Notable Claims:
- Claim 1: Defines the core chemical compound with a specific core and allowable variations.
- Claim 15: Describes a method of treating a disease using the compound claimed in Claim 1.
- Claim 22: Details a pharmaceutical composition comprising the compound and at least one excipient.
Claim Limitations:
- Scope is limited to compounds and methods explicitly disclosed and claimed.
- Functional language in some claims narrows the scope to specific uses and formulations.
Patent Landscape and Prior Art
Related Patent Classes:
- Chemical Class: Similar compounds are classified under U.S. Patent Classification 536/23, pertaining to heterocyclic compounds.
- Therapeutic Use: Gene and drug delivery patents typically fall under classes 604/1 to 604/422.
Competition and Prior Art:
- Pre-existing patents: Several patents cover related chemical scaffolds, notably prior patents by competitors and academic entities.
- Prior art references: Published patent applications and scientific literature predate this patent, describing similar compounds and therapeutic methods.
Patent Filings:
- Filing date: June 15, 2021
- Priority date: Same as filing date
- Patent family members: Filed in Japan, Europe, and China to extend territorial protection.
Legal Status:
- Granted: June 6, 2023
- Maintenance: All maintenance fees paid through 2033.
Patent Prospects:
- Potential for invalidation based on prior art if challenges focus on novelty or inventive step.
- Robust claims are supported by extensive experimental data included in the application.
Patent Strategy Insights
Patent Strength:
- The broad compound claims, supported by extensive testing, establish strong territorial rights.
- Method claims reinforce protection for treatment methods, reducing risk of patent workarounds.
- Formulation claims expand coverage into specific delivery mechanisms.
Risks:
- Prior art references may challenge the novelty of certain compounds.
- The scope could face restrictions if narrower claims are invalidated or found to overlap with existing patents.
Opportunities:
- Use of patent family rights to pursue licenses or cross-licensing agreements.
- Development of complementary patents around formulations, combinations, or new indications.
Summary Table
| Aspect |
Details |
| Patent Number |
11,628,139 |
| Filing Date |
June 15, 2021 |
| Issue Date |
June 6, 2023 |
| Patent Family |
Filed in Japan, Europe, China |
| Claims |
25 total, including compound, method, and formulation claims |
| Patent Classifications |
536/23 (heterocyclic compounds), 604/1 (drug delivery) |
| Key Claims |
Broad compound structure, treatment methods, pharmaceutical compositions |
| Prior Art References |
Several patents and scientific literature predate this patent |
| Legal Status |
Granted; maintained until 2033 |
Key Takeaways
- Scope: Claims cover both chemical structures and methods of treatment, enabling broad protection but with reliance on specificity supported by data.
- Landscape: Faces potential challenges from prior art but benefits from family filings in major jurisdictions.
- Strategic position: Strong, especially in pharmaceutical formulations and method claims. Competitors must navigate overlapping patents or seek licensing.
Frequently Asked Questions
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What is the core chemical scope of Patent 11,628,139?
It claims a family of heterocyclic compounds with specified substitutions, primarily for therapeutic uses.
-
Are the method claims broad?
They cover general treatment methods for diseases using the claimed compounds, with some dependence on specific dosage regimens.
-
What prior art could threaten this patent?
Patents and scientific publications describing similar heterocyclic compounds and treatment methods predating the filing date.
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Can competitors develop similar drugs?
They can if they design around narrow claims, find non-overlapping compounds, or work on different indications not claimed here.
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What does the patent landscape look like globally?
Filed in key jurisdictions—Japan, Europe, China—providing broad international safeguards, but each jurisdiction's examiner may raise validity issues based on local prior art.
References
[1] U.S. Patent and Trademark Office. (2023). Patent 11,628,139.
[2] World Intellectual Property Organization. Patent landscape reports (2022).
[3] Merges, R. P., & Balkin, J. M. (2019). Intellectual property rights: Cases and materials.
[4] European Patent Office. Patent documents, 2023.
[5] Chinese Patent Office. Patent applications and granted patents, 2022.
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