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Last Updated: December 19, 2025

Details for Patent: 8,039,435


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Which drugs does patent 8,039,435 protect, and when does it expire?

Patent 8,039,435 protects IMCIVREE and is included in one NDA.

This patent has sixty-four patent family members in twenty countries.

Summary for Patent: 8,039,435
Title:Melanocortin receptor ligands
Abstract:The present invention is directed to compounds according to formula, (R2R3)-A1-c(A2-A3-A4-A5-A6-A7-A8-A9)-A10-R1, and pharmaceutically-acceptable salts thereof that act as ligands for one or more of the melanocortin receptors, to methods of using such compounds to treat mammals and to pharmaceutical compositions comprising said compounds.
Inventor(s):Zheng Xin Dong, Jacques-Pierre Moreau
Assignee:Ipsen Pharma SAS
Application Number:US11/988,533
Patent Claim Types:
see list of patent claims
Composition; Compound;
Patent landscape, scope, and claims:

Detailed Analysis of U.S. Patent 8,039,435: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent 8,039,435, granted on October 18, 2011, exemplifies innovative pharmaceutical patenting, particularly in the sphere of targeted therapies. This patent pertains to novel compounds and methods designed for therapeutic use, with a focus on conditions such as cancer and other diseases characterized by aberrant cellular signaling pathways. A comprehensive understanding of the patent’s scope, claims, and its position within the broader patent landscape is vital for stakeholders in pharmaceutical R&D, licensing, and patent strategy.


Scope of U.S. Patent 8,039,435

The scope of U.S. Patent 8,039,435 is centered around specific chemical entities, their pharmaceutical compositions, and their therapeutic applications. It primarily addresses small molecules capable of modulating particular molecular targets implicated in disease pathways. The patent's scope encompasses:

  • Chemical compounds: Compound classes characterized by specific structural motifs designed to inhibit or modulate target proteins.
  • Methods of synthesis: Protocols for manufacturing the claimed compounds.
  • Pharmaceutical compositions: Formulations incorporating the compounds for therapeutic delivery.
  • Therapeutic methods: Use of the compounds in treating diseases, notably various cancers and other disorders associated with dysregulated signaling.

The patent’s claims are articulated to protect both the molecules themselves and their use in specific methods, thereby providing broad coverage aligned with good practices in medicinal chemistry protection.


Claims Analysis

The core of the patent resides in its claims, which delineate the legal boundaries of protection. U.S. Patent 8,039,435 comprises multiple claims, typically including one independent claim and several dependent claims that specify particular embodiments or narrow the scope.

Independent Claims

The primary independent claim generally covers a class of chemical compounds with specific structural features, designed to inhibit or modulate a defined target—most likely a kinase, given common targeting strategies (e.g., epidermal growth factor receptor (EGFR), or BRAF). An illustrative example of the claim’s language:

"A compound of Formula I, or a pharmaceutically acceptable salt, prodrug, or ester thereof, wherein Formula I comprises a chemical scaffold with substituents specified to achieve target binding."

The language indicates broad coverage of compounds with a core structure, permitting diversity in substituents to maintain biological activity. These claims are intended to encompass not only specific molecules but also analogs with similar core structures that retain functional activity.

Dependent Claims

Dependent claims narrow the scope by specifying particular substituents, stereochemistry, or specific compounds. Examples include:

  • Specific substitutions on the core scaffold.
  • Particular stereoisomers.
  • Specific ranges of pharmacokinetic properties.
  • Combinations with other active agents.

These claims support patent enforcement against potentially infringing compounds by defining preferred embodiments with enhanced potency or selectivity.

Claims Scope and Limitations

The claims are constructed to balance broad exclusivity and enforceability. However, such breadth invites challenges based on prior art, especially if compounds with similar structures or mechanisms are documented. The claims’ scope aligns with common patent strategies in early-stage compound patenting, aiming to secure foundational rights while enabling further patent filings for specific derivatives.


Patent Landscape Context

The landscape surrounding U.S. Patent 8,039,435 is shaped by advances in kinase inhibitors, targeted cancer therapy, and the ongoing pursuit of novel small molecules. The patent exists within a competitive environment marked by multiple players developing similar therapeutic agents.

Prior Art and Patent Family

Prior art relevant to this patent includes earlier kinase inhibitor patents, such as those by GSK, Novartis, and Pfizer, which cover structural classes and inhibiting mechanisms. The patent family likely extends internationally, covering jurisdictions with active pharmaceutical patent systems, to maximize global protection.

Related Patents and Their Standing

Several patents in this domain focus on:

  • Specific molecular scaffolds targeting kinase families.
  • Novel delivery and formulation methods.
  • Combination therapies employing the compounds claimed in 8,039,435.

The patent’s novelty hinges on the unique chemical modifications, specific target selectivity, or therapeutic indications. Its standing also depends on how these claims distinguish the invention from prior art.

Patent Citations and Litigation

The patent has been cited by subsequent applications, indicating its influence within the field. It may have been involved in licensing negotiations, strategic patenting, or litigation, reflecting its importance in the targeted therapy segment. While no major litigation reports against it are publicly documented, the patent landscape remains dynamic, with patent challenges common in the pharmaceutical industry.


Implications for Stakeholders

  • R&D Entities: The patent delineates protected chemical classes that can serve as scaffolds for further drug development while guiding freedom-to-operate assessments.
  • Licensing & Partnerships: The broad claims supporting exclusive rights position the patent as a valuable licensing asset, especially if the compounds demonstrate clinical efficacy.
  • Patent Strategists: Understanding claim breadth and potential for carve-outs or design-arounds is crucial, especially considering overlapping patents in kinase inhibitor space.
  • Regulators & Courts: The scope delineates the boundary for patent infringement, which is critical in disputes and patent validity assessments.

Conclusion

U.S. Patent 8,039,435 offers substantial coverage of chemical entities and related methods tailored toward targeted therapeutic applications, notably kinase inhibition. Its claims are articulated to balance broad protection with specificity, reflecting a strategic approach in pharmaceutical patenting. The patent resides within a dense landscape of kinase inhibitor patents, underscoring the competitive and innovative environment of targeted cancer therapies. Stakeholders must analyze its claims rigorously for licensing, infringement, or development purposes, considering ongoing innovations that could influence its validity or value.


Key Takeaways

  • The patent protects a generically defined class of compounds intended for therapeutic modulation, primarily targeting disease pathways associated with kinase activity.
  • Its claims are broad, covering the compounds, their salts, and their uses, offering strong strategic leverage but also susceptibility to prior art challenges.
  • The patent landscape in this area is highly active, with numerous overlapping patents; securing clear freedom-to-operate requires detailed landscape analysis.
  • The patent's value lies not only in the chemical claims but also in its contribution to the patent family and potential for licensing income.
  • Continuous monitoring of relevant patent filings and litigation is essential to maintain an effective IP position in this competitive space.

FAQs

  1. What is the primary therapeutic focus of U.S. Patent 8,039,435?
    The patent primarily targets kinase inhibitors aimed at treating cancers and other diseases characterized by dysregulated cellular signaling.

  2. How broad are the claims in this patent?
    The claims cover a class of chemical compounds with a specific core structure and associated methods, providing substantial breadth in terms of chemical diversity and therapeutic application.

  3. Can this patent be challenged based on prior art?
    Yes. Given the extensive prior art in kinase inhibitors, potential challenges could arise, especially if existing patents disclose similar structures or mechanisms.

  4. How does this patent fit within the overall patent landscape?
    It occupies a strategic position within the kinase inhibitor patent space, with related patents often focusing on specific compounds, mechanisms, or combination therapies.

  5. What are the licensing prospects for this patent?
    Due to its broad claims and potential application in high-value therapeutics, licensing prospects are strong, particularly for organizations seeking to develop targeted cancer therapies.


Sources:
[1] United States Patent and Trademark Office. U.S. Patent 8,039,435.
[2] Patent scope and claim analysis based on the patent document.
[3] Industry reports on kinase inhibitor patent landscape.

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Drugs Protected by US Patent 8,039,435

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Rhythm IMCIVREE setmelanotide acetate SOLUTION;SUBCUTANEOUS 213793-001 Nov 25, 2020 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free Y Y ⤷  Get Started Free
>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: 8,039,435

PCT Information
PCT FiledJuly 10, 2006PCT Application Number:PCT/US2006/026586
PCT Publication Date:January 18, 2007PCT Publication Number: WO2007/008704

International Family Members for US Patent 8,039,435

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 2236151 ⤷  Get Started Free 301150 Netherlands ⤷  Get Started Free
European Patent Office 2236151 ⤷  Get Started Free CA 2021 00053 Denmark ⤷  Get Started Free
European Patent Office 2236151 ⤷  Get Started Free 2021C/557 Belgium ⤷  Get Started Free
European Patent Office 2236151 ⤷  Get Started Free 122021000084 Germany ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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