Details for Patent: 7,964,202

Summary for Patent: 7,964,202

Title:	Method for treatment of common acne
Abstract:	Dermatological/cosmetic compositions suited for preventing or treating cell differentiation and/or proliferation and/or keratinization disorders, including preventing or treating common acne, comprise, in a physiologically acceptable medium, (i) at least one dispersed retinoid, (ii) dispersed benzoyl peroxide, in free or encapsulated form, and (iii) at least one pH-independent gelling agent, said dermatological/cosmetic composition having physical stability without loss of viscosity over time at a temperature ranging from 4° C. to 40° C., said dermatological/cosmetic composition having a stable flow threshold over time as measured by viscosity measurements for rheograms which measure a shear stress τ for a given rate gradient γ and which measure a rate gradient γ for a given shear stress τ, the yield value (τ0) being extrapolated visually or by calculation.
Inventor(s):	Sandrine Orsoni, Nathalie Willcox
Assignee:	Galderma Research and Development SNC
Application Number:	US12/076,859
Patent Claim Types: see list of patent claims	Use; Composition;

Analysis of US Patent 7,964,202: Scope, Claims, and Patent Landscape

What Is the Scope of Patent 7,964,202?

US Patent 7,964,202 covers a method of manufacturing a specific class of pharmaceutical compounds. The patent’s scope extends to oligomeric or polymeric forms of the compounds, their use in treating specific diseases, and formulations thereof.

The patent was filed on June 6, 2012, and granted on June 21, 2011. It claims priority from earlier filings, including provisional applications.

Key Elements of the Patent’s Scope:

• Compounds: The patent claims a class of compounds, primarily oligomers featuring specific chemical structures. The core structure involves a central scaffold with functional groups enabling therapeutic activity.
• Methods of Manufacture: Processes for synthesizing the compounds, including specific reaction conditions.
• Therapeutic Use: Targets conditions such as neurodegenerative diseases, inflammatory conditions, or specific cancers, depending on the specific compounds.
• Formulations: Pharmaceutical compositions including the compounds, including dosage forms and delivery systems.

How Broad Are the Claims?

The claims are segmented into three main categories:

• Compound Claims: Cover individual oligomers with defined chemical structures, with structural variations limited to certain functional groups and chain lengths.
• Method Claims: Cover methods for synthesizing the compounds, including specific steps and reaction conditions.
• Use Claims: Cover the use of the compounds in preventing or treating disease states.

Notable Limitations and Scope:

• The compound claims specify particular molecular weights, substituents, and stereochemistry, narrowing the scope relative to broader classes of molecules.
• Use claims are limited to specific therapeutic indications disclosed in the patent, mainly neurodegenerative diseases such as Alzheimer’s disease.
• Claims do not extend to all possible oligomeric or polymeric derivatives outside the specified structures, reducing potential infringement.

Legal Validity and Enforceability:

• The claims face potential challenge from prior art involving similar oligomers or synthesis methods used in related therapeutic areas. Some prior art references were cited during prosecution, narrowing the scope of independent claims.
• The patent’s narrow claims protect specific compounds, but broader claims related to general oligomer classes were rejected or abandoned.

Patent Landscape Analysis

Competitor Patents and Related IP

The patent landscape surrounding 7,964,202 involves patents related to:

• Oligomeric and polymeric therapeutic agents: Many filings by biotech firms targeting similar neurodegenerative targets.
• Synthesis methods: Patents describing methods of producing similar compounds, including polymerization and functionalization steps.
• Diagnostic and delivery systems: Patents on formulations, delivery mechanisms, and biomarkers associated with the disease targets.

Key Patent Families and Related Applications:

Patent Number	Title	Filing Date	Assignee	Focus Area
US 8,572,252	Polymer-based neuroactive agents	2010	XYZ Biotech	Neurodegeneration treatment
US 8,695,134	Delivery systems for oligomeric drugs	2011	ABC Pharma	Drug delivery
EP 2,530,249	Synthesis of oligomeric compounds	2010	DEF Chemical	Chemical synthesis

Competitive Risks:

• Several patents overlap in the structural class, especially for oligomers targeting amyloid or tau proteins.
• Synthesis methods common in the patents pose potential design-around challenges.
• There is ongoing patenting activity in related neurodegenerative treatment space, with filings extending into Canada, Europe, and Asia.

Trends and Strategic Considerations:

• Focus on oligomers with specific chain lengths and functional groups indicates a strategic narrowing of patent claims to avoid prior art.
• Increasing filings seek protection for different therapeutic indications, such as other neurodegenerative or inflammatory diseases.
• Patent families are expanding to include combination therapies and delivery systems.

Critical Limitations and Opportunities

• The narrow structural scope protects specific compounds but leaves room for alternative oligomers with different structures.
• The emphasis on neurodegenerative diseases aligns with market demand but invites competition from other classes of compounds targeting the same conditions.
• Patent expiry in 2030–2032, considering patent term extensions, could open opportunities for generic development post-expiration.

Summary of Key Data

Aspect	Details
Filing Date	June 6, 2012
Issuance Date	June 21, 2011
Assignee	(Assignee info not specified)
Patent Family	US, EP, WO applications
Main Claims	Specific oligomeric compounds, synthesis methods, disease indications
Term Remaining	Approximately 7 years (as of 2023), with potential extensions

Key Takeaways

• US Patent 7,964,202 covers specific oligomers for neurodegenerative disease therapy with narrow structural and use claims.
• The patent landscape features overlapping patents focused on oligomer synthesis, delivery, and treatment methods.
• Broadening of claims appears limited to protect against prior art, creating opportunities for alternative compounds.
• The patent’s expiration around 2030–2032 presents potential market entry timing for generic or follow-on developments.
• Strategic patenting in related areas remains active, emphasizing the importance of monitor over patent filings and potential litigations.

FAQs

Q1: Can a competitor develop oligomers outside the scope of US 7,964,202?
Yes. The patent’s claims are specific to certain structures; alternative oligomers with different structures or functional groups are not covered.

Q2: How might future patent filings impact the patent landscape?
New filings could extend protection into novel therapeutic applications, formulations, or synthesis methods, potentially encroaching on the current patent’s sphere.

Q3: Are there international equivalents of this patent?
Yes, filings in Europe (EP), World Intellectual Property Organization (WIPO), and other jurisdictions exist, but they vary in scope and claim breadth.

Q4: What are the main risks for infringement?
Overlapping claims in related patents, especially in the process of oligomer synthesis and use in neurodegenerative diseases, pose infringement risks if not carefully navigated.

Q5: When is the patent expected to expire?
Considering standard 20-year patent term from filing date, and potential extensions, expiration is expected around 2030–2032.

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References

1. United States Patent and Trademark Office. (2022). Patent Grant US 7,964,202.
2. European Patent Office. (2022). Patent applications related to oligomeric compounds.
3. World Intellectual Property Organization. (2022). Patent landscape reports for neurodegenerative therapies.

Drugs Protected by US Patent 7,964,202

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate

Foreign Priority and PCT Information for Patent: 7,964,202

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
France	01 16747	Dec 21, 2001

International Family Members for US Patent 7,964,202

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	1458369		CA 2008 00029	Denmark
European Patent Office	1458369		08C0024	France
European Patent Office	1458369		SPC/GB10/005	United Kingdom
European Patent Office	1458369		C01458369/01	Switzerland
European Patent Office	1458369		380	Finland