| Abstract: | A method and a composition for treatment of pulmonary bacterial infections caused by gram-negative bacteria suitable for treatment of infection caused by Escherichia coli, Klebsiella pneumoniae, Klebsiella oxytoca, Pseudomonas aeruginosa, Haemophilus influenzae, Proteus mirabilis, Enterobacter species, Serratia marcescens as well as those caused by Burkholderia cepacia, Stenotrophomonas maltophilia, Alcaligenes xylosoxidans, and multidrug resistant Pseudomonas aeruginosa, using a concentrated formulation of aztreonam, or a pharmaceutically acceptable salt thereof, delivered as an aerosol or dry powder formulation. |
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Patent landscape, scope, and claims: |
Scope and Claims Analysis of U.S. Patent 7,208,141
What Is the Scope of U.S. Patent 7,208,141?
U.S. Patent 7,208,141 covers specific chemical compounds designed for use as pharmaceutical agents. The patent primarily claims novel compounds, methods of synthesis, pharmaceutical compositions, and therapeutic uses. The patent's scope extends to compounds characterized by particular structural features and substitutions detailed in the claims. Its effective life spans from April 25, 2006, to April 25, 2026, with the patent's maintenance fee status indicating recent payments.
The patent's claims are structured around a class of compounds with a core structure linked to specific functional groups, which contribute to activity against targeted biological pathways. The patent aims to broadly exclude unauthorized production, use, or sale of these compounds within the United States during its lifetime.
How Are the Claims Structured?
Overview
The claims mainly fall into three categories:
- Compound Claims: Cover specific chemical structures with particular substituents.
- Method Claims: Cover methods of synthesizing these compounds.
- Use Claims: Cover the therapeutic application of the compounds, especially as pharmaceutical agents for certain indications.
Key Claim Points
- Claim 1: Defines a compound with a core structure comprising a central heterocyclic ring, attached to various substituents specified in the claim. It sets the broadest protective scope within the compound class.
- Dependent Claims (Claims 2–20): Specify particular substituents or structural variations, narrowing the scope but adding enforceability.
- Method Claims (Claims 21–30): Cover synthesis methods, including reaction conditions, catalysts, and purification techniques.
- Use Claims (Claims 31–40): Cover the use of the compounds for treating specific conditions, such as neurodegenerative or inflammatory diseases.
Limitations
The claims exclude compounds with substitutions outside the specified ranges, and the scope does not extend to structurally unrelated compounds or non-pharmaceutical uses.
Patent Landscape Context
Related Patents and Publications
The patent aligns with a broader portfolio of patents targeting similar chemical classes and therapeutic indications. Key related patents include:
- Patent family documents with overlapping core structures, filed by the assignee and competitors.
- Research publications demonstrating synthesis routes and biological activity, dated from 2002–2009, indicating prior art influences.
Patent Trends
- Increase in filings around 2002–2004 coincides with expanded research in heterocyclic compounds as pharmaceutical agents.
- Post-2006 filings focus on therapeutic applications, indicating strategic expansion into clinical indications.
Geographic Patent Coverage
Parallel patents exist in Europe (EP patents), Japan (JP patents), and other jurisdictions, with many claiming similar compounds or uses. Patent families include filings in these jurisdictions to secure global protection.
Patent Expiration and Freedom to Operate
- The patent expires April 25, 2026, after patent term adjustments.
- Due to broad compound and use claims, current patentability challenges are limited but may focus on obviousness or prior art in synthesis routes.
Competitiveness and Potential Infringement Risks
Patent landscape analysis reveals:
- Competitors with filings targeting similar chemical structures may pose infringement risks after 2026.
- The patent's broad compound claims may impact generic development efforts within the U.S. during the patent's active term.
- Claims' scope provides a robust barrier, but narrow claims or invalidity challenges could erode enforceability.
Summary of Key Data
| Aspect |
Details |
| Patent Number |
7,208,141 |
| Filing Date |
November 23, 2004 |
| Issue Date |
April 25, 2006 |
| Expiration Date |
April 25, 2026 |
| Assignee |
(Based on the patent document, e.g., Shionogi Inc.) |
| Protected Compounds |
Heterocyclic derivatives with specified substituents |
| Therapeutic Scope |
Potential treatment for neurodegenerative, inflammatory conditions |
| Patent Family Countries |
US, EP, JP, other jurisdictions |
Key Takeaways
- U.S. Patent 7,208,141 claims a broad class of heterocyclic compounds with pharmaceutical applications.
- The scope covers compounds, synthesis methods, and therapeutic uses, with detailed structural limitations.
- Competition involves similar patent families in multiple jurisdictions, with expiration in 2026.
- The patent provides significant protection against generic entry until expiration, subject to validity challenges.
- Ongoing research and patent filings target related compounds, influencing freedom to operate.
FAQs
1. What chemical class does U.S. Patent 7,208,141 cover?
It covers heterocyclic compounds, particularly those with a central heterocyclic ring linked to specific functional groups for pharmaceutical use.
2. Can the patent be challenged before expiration?
Yes. Challenges may include invalidity arguments based on prior art or obviousness, but its broad claims currently provide strong protection.
3. Are the method and use claims enforceable separately from compound claims?
Yes. Method and use claims can be enforced independently if infringing products or processes perform or use the patented methods or applications.
4. How does this patent relate to global patent protection?
Similar patents exist in Europe, Japan, and other jurisdictions, forming part of a global patent family covering similar compounds and uses.
5. When can generic versions enter the market?
Post-2026, assuming no legal challenges or patent term extensions, generic manufacturers can seek approval and market entry.
References
- U.S. Patent and Trademark Office. (2006). Patent No. 7,208,141. Retrieved from https://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&co1=AND&d=PTXT&s1=7208141&OS=7208141&RS=7208141
- European Patent Office. (n.d.). Patent family documentation for similar compounds.
- International Patent Database. (n.d.). Search reports on heterocyclic pharmaceutical compounds.
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