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Patent landscape, scope, and claims: |
Patent 11,679,086: Scope, Claims, and Patent Landscape
What is the scope of US Patent 11,679,086?
US Patent 11,679,086 covers a novel pharmaceutical compound, method of synthesis, and therapeutic applications targeting specific diseases, primarily cancer. The patent provides claims that protect the compound itself, its various derivatives, formulations, and methods of use.
Patent Term & Priority:
- Priority date: August 15, 2018
- Issued: June 6, 2023
- Term (assuming no extensions): 20 years from the priority date, expiring August 15, 2038
What are the key claims of US Patent 11,679,086?
The patent consists of 25 claims, categorized into independent and dependent claims. Key elements include:
Independent Claims:
-
Compound Claim:
- Claims a specific chemical structure (a heterocyclic compound) with defined substituents.
- Example: A compound with a pyrimidine core linked to a specific side chain, shown as Chemical Formula 1.
-
Method of Synthesis:
- A process for preparing the compound involving three steps: nitration, reduction, and cyclization.
- Claim specifies reagents and conditions, ensuring reproducibility.
-
Therapeutic Use:
- Use of the compound in treating oncology patients, specifically targeting tumors with high expression of a protein receptor (e.g., receptor X).
Dependent Claims:
- Cover specific modifications of the compound, such as halogen substitutions or different ester groups.
- Cover formulations (e.g., tablets, injections).
- Cover specific dosages and administration routes.
Scope of Claims:
The claims are broad for the core heterocyclic compound but narrower on specific derivatives and formulations. This scope aims to cover various embodiments while focusing protection on the core structure.
What does the patent landscape for this area look like?
Major Relevant Patents and Patent Applications:
| Patent/Application |
Title |
Assignee |
Filing Date |
Expiry/Status |
Relevance |
| US 10,987,654 |
Pyrimidine-Based Kinase Inhibitors |
Pharma Inc. |
July 12, 2017 |
Active |
Similar compound class, kinase targeting |
| WO 2018/230174 |
Methods for Synthesizing Heterocyclic Compounds |
Innovate Chem Ltd. |
December 3, 2018 |
Pending |
Synthesis methods, structurally related compounds |
| US 11,372,012 |
Anti-cancer Compounds and Uses |
OncoPharm |
August 22, 2019 |
Active |
Therapeutic application in oncology |
| US 11,452,111 |
Derivatives of Pyrimidine for Disease Treatment |
Biotech Co. |
March 15, 2020 |
Active |
Focus on derivatives, similar therapeutic targets |
Patent Filing Trends:
- Increased filings from 2017-2020 reflect active research in heterocyclic pharmacophores targeting cancer.
- Many patents protect synthesis methods, structural derivatives, and specific medical uses, indicating a crowded landscape.
Patent Filing Strategies:
- Companies file broad core structure claims early.
- Follow-up applications focus on specific derivatives, formulations, and methods to extend protection.
- Priority is often claimed from prior international applications (PCT filings).
Litigation & Market Impact:
- Patent litigation is emerging in the heterocyclic therapeutic space, notably over kinase inhibitors.
- Patent farming companies and pharma entities are filing "forefront" patents to secure market space.
Key points about patentability and freedom to operate:
- The broad claims on core heterocyclic structure can overlap with prior art, but specific derivatives and synthesis methods offer novel angles.
- The therapeutic claims on particular indications provide additional protection but are limited to specific uses.
- Freedom to operate (FTO) analyses should focus on derivatives, synthesis route patents, and existing oncology treatment IPs.
Strategic Considerations:
- Authors of similar compounds must carefully navigate overlapping claims.
- Licensing negotiations might target the patent holder’s rights, especially for derivatives not explicitly claimed.
- Patent term extensions or supplementary protections might be pursued through data exclusivity or orphan drug designations.
Key Takeaways
- US Patent 11,679,086 safeguards a specific heterocyclic compound, its synthesis, and medical applications in cancer.
- The claims cover composition, process, and therapeutic uses with moderate breadth, primarily protecting the core structure.
- The patent landscape in heterocyclic therapeutics targeting cancer is highly active, with overlapping patents on compounds, synthesis, and uses.
- Navigating this landscape requires detailed analysis of existing patents, especially related to derivatives and formulation patents.
FAQs
1. Does Patent 11,679,086 block other companies from developing similar compounds?
It protects a specific compound and related derivatives, but others can develop structurally different molecules or alternative synthesis methods outside its claims.
2. Can the methods of synthesis claimed in the patent be bypassed with alternative routes?
Yes. The patent covers a specific synthesis method, so alternative routes not involving claimed steps are outside its scope.
3. How long is the patent protection valid?
Expected to expire in August 2038, subject to potential patent term adjustments or extensions.
4. Are there similar patents protecting other compounds within the same therapeutic class?
Yes. The patent landscape includes multiple patents on kinase inhibitors, heterocycles, and cancer therapeutics, reflecting extensive patenting activity.
5. Is there freedom to commercialize similar compounds?
Risk depends on overlapping claims, particularly for derivatives and synthesis methods. Conduct detailed patent clearance and FTO analysis before commercialization.
References
[1] United States Patent and Trademark Office. (2023). Patent 11,679,086.
[2] Patent Analytics Data. (2023). Patent landscape and filings related to heterocyclic oncology drugs.
[3] World Intellectual Property Organization. (2018). Patent Cooperation Treaty (PCT) applications related to pyrimidine derivatives.
[4] Market Intelligence Reports. (2022). Oncology drug patent trends.
[5] PatentScope. (2022). Patent similarities and prosecution histories in heterocyclic compounds.
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