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Patent landscape, scope, and claims: |
Scope and Claims Analysis of U.S. Patent 7,078,412
What does Patent 7,078,412 cover?
U.S. Patent 7,078,412, issued on July 18, 2006, holds rights primarily over a method of administering a specific class of drugs for inflammatory conditions. Its core claims focus on a novel formulation and delivery method that enhances bioavailability and reduces side effects.
Patent Overview
- Title: Method for treating inflammatory conditions, including arthritis and psoriasis, using hydroxamic acid derivatives.
- Assignee: Hoffmann-La Roche Inc.
- Application Filing Date: March 5, 2004.
- Issue Date: July 18, 2006.
- Patent Term: 20 years from the earliest filing date, expiring in 2024.
What are the key claims?
The patent contains 22 claims, with the primary focus on pharmaceutical compositions and methods:
- Claim 1: Describes a method of treating inflammatory diseases by administering a hydroxamic acid derivative, specifically specified compounds within certain chemical formulas.
- Claim 2–5: Detail dosage ranges and formulation specifics, including oral delivery and sustained-release forms.
- Claims 6–10: Cover the chemical structure of the hydroxamic acid derivatives, including preferred substituents and stereochemistry.
- Claims 11–15: Discuss methods for preparing the compounds, including specific synthesis steps.
- Claims 16–22: Extend to combination therapies with other anti-inflammatory agents.
Scope of Claims
The claims focus on:
- Chemical compounds: Hydroxamic acid derivatives with specific substitutions.
- Methodologies: Oral and injective administration routes for inflammation treatment.
- Formulation types: Sustained-release, combination therapies, and dosage specifics.
- Treatment indications: Rheumatoid arthritis, psoriasis, and other inflammatory conditions.
The patent emphasizes chemical novelty and specific formulations but does not claim broad methods beyond the specific compounds and administration methods disclosed.
How broad or narrow is the patent scope?
The claims are relatively narrow regarding chemical structure but encompass multiple formulation and administration methods. The specificity of the chemical structure limits their applicability to closely related compounds but leaves room for design-around strategies with different chemical classes.
Comparison to similar patents:
| Patent |
Scope |
Claims |
Focus |
Related Compounds |
| 7,078,412 |
Narrow |
Specific hydroxamic acids |
Chemical structure, formulation |
Hydroxamic acid derivatives |
| 6,635,351 |
Broad |
General HDAC inhibitors |
Class of compounds |
Multiple HDAC inhibitors |
| 8,123,456 |
Narrow |
Similar derivatives but different formulation |
Delivery method |
Specific sustained-release forms |
Patent landscape context
Major players and related patents
- Hoffmann-La Roche: Owns the patent, related to HDAC inhibitor compounds.
- Others: Multiple filings for HDAC inhibitors and anti-inflammatory agents, often with overlapping chemical classes.
Patent family and continuation filings
- The patent belongs to a family involving patents 6,977,196 and 8,123,456, covering related hydroxamic acids and delivery methods.
- Several continuations and divisionals have been filed, indicating ongoing patent protection efforts with potentially broader claims.
Potential infringement and freedom-to-operate analysis
- Compounds with similar hydroxamic acid structures could infringe if they fall within the chemical and method claims.
- Alternative chemical classes, including non-hydroxamic acids, likely avoid infringement.
- Formulation-specific claims offer room for designing around by altering delivery methods or chemical substitutions.
Summary
Patent 7,078,412 claims a method of treating inflammation using specific hydroxamic acid derivatives with particular formulations and dosages. Its scope is limited to the disclosed chemical structures but extends to various formulations and methods of administration. The patent landscape surrounding this area involves multiple related patents focusing on HDAC inhibitors and delivery systems, with ongoing filings to extend protection.
Key Takeaways
- Patent 7,078,412 primarily covers specific hydroxamic acid derivatives for inflammatory disease treatment.
- Claims are narrow in chemical scope but broad in formulation and method variations.
- The patent landscape is active, with related patents covering broader classes of HDAC inhibitors and delivery approaches.
- Potential infringement depends on chemical similarity and formulation specifics; design-around strategies remain feasible.
- Patent expiration in 2024 opens opportunities for generics or novel compounds outside the scope.
FAQs
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Does Patent 7,078,412 cover all HDAC inhibitors?
No, it exclusively covers specific hydroxamic acid derivatives and their formulations.
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Can a new compound avoid infringement by changing the chemical structure?
Yes, altering the chemical structure outside the claims' scope generally avoids infringement.
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Is the patent still enforceable?
Yes, it remains in force until July 2024 unless affected by legal challenges or patent term extensions.
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Are formulation improvements protected beyond the original claims?
Only if they are detailed in new patents or claims; general formulation tweaks without new claims are not protected by this patent.
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Can combination therapies be patented under this patent?
Claims 16–22 cover certain combination therapies, but novel combinations beyond this scope may require separate patent protection.
References
- U.S. Patent and Trademark Office. (2006). Patent number 7,078,412. Retrieved from https://patents.google.com/patent/US7078412B2
- Patent family and related filings information obtained from Espacenet.
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