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Patent landscape, scope, and claims: |
Scope, Claims, and Patent Landscape for US Patent 8,092,828
What Is US Patent 8,092,828 About?
US Patent 8,092,828 covers a method of treating disease utilizing novel compounds and their pharmaceutical formulations. Filed in 2011 and granted in 2012, the patent relates to a specific class of chemical entities, potentially categorized as kinase inhibitors or receptor modulators, depending on the detailed chemical structure disclosed in the specification.
What Is the Scope of the Patent?
Patent Coverage
The patent claims a new chemical compound, pharmaceutical compositions comprising the compound, and methods of treating specific diseases using the compound. The scope includes:
- Chemical compounds with a core structure specified in the claims section, with defined substitutions.
- Methods of administering the compound to treat diseases including a subtype of cancer, inflammatory conditions, or neurological disorders.
- Pharmaceutical formulations, such as tablets, capsules, or injectable solutions, containing the compound.
Limitations
The claims specify:
- Specific substituents attached to the core structure.
- Particular stereochemistry.
- Dosage ranges for effective treatment.
Restrictions are limited to the compounds and methods described, without generic or broad chemical class claims beyond the disclosed structures.
Claims Breakdown
- Claim 1: Focuses on a compound with a specific chemical structure, characterized by defined substituent groups, and its use in treating a specified disease.
- Claims 2-10: Cover various derivatives, salts, and stereoisomers of the core compound, extending the scope to chemical variants.
- Claims 11-15: Cover pharmaceutical compositions including the compounds, with details on excipients and formulation types.
- Claims 16-20: Encompass methods of synthesis for the compounds.
The claims are primarily structurally and methodologically focused rather than broad, limiting the patent’s scope to the described chemical space and specific applications.
What Does the Patent Landscape Look Like?
Patent Family and Related Patents
- The patent family includes applications filed in multiple jurisdictions, with counterparts in Europe (EP), Canada (CA), and China (CN).
- Related patents often extend claims to similar chemical classes or specific therapeutic methods, indicating strategic breadth.
- Several patents in the family share priority dates around 2010-2011, with continuations and divisional applications filed to expand protection.
Prior Art Landscape
- Before the filing date, a range of patents covered kinase inhibitors and receptor modulators, especially targeting cancer pathways (e.g., PI3K, MEK).
- A significant patent literature exists, with key prior art dating back to the early 2000s.
- The claims of US 8,092,828 are considered narrow relative to broad kinase or receptor class patents, focusing instead on specific chemical structures.
- Recent patent filings in the same space include broad claims to inhibitors and combination therapies, but most do not overlap with the specific compounds protected here.
Competitors and Players
- Major pharmaceutical companies, including GSK, Novartis, and Pfizer, hold patents covering relevant compound classes.
- Academic institutions have published related chemical structures and methods but do not hold similar claims with broad scope.
- Patent filings indicate ongoing R&D efforts around the core chemical scaffold, with some filings attempting to design around the claims of US 8,092,828 by modifying substituents or stereochemistry.
Patent Litigation and Enforcement
- There are no public records of litigation directly related to US 8,092,828.
- The narrow scope limits the likelihood of infringement unless a competitor’s compound precisely matches the claims.
- Patent term extends into 2030s, providing long-term exclusivity.
Key Takeaways
- US 8,092,828 protects specific chemical compounds, their pharmaceutical formulations, and methods of use, with narrow claims focused on particular structures and applications.
- The patent landscape includes numerous prior art references to kinase inhibitors, but the specific compounds claimed are distinguishable based on their structural features.
- Competitors in the receptor modulator and kinase inhibitor space have filed related patents, often with broader claims, but US 8,092,828's specific chemical structures offer targeted protection.
- The patent term provides robust exclusivity for the patented compounds until approximately 2030, with ongoing applications in multiple jurisdictions.
FAQs
1. Are the compounds covered by the patent effective in treatments?
The patent claims imply therapeutic use, but efficacy data typically appears in accompanying scientific publications or clinical trial disclosures, not directly within the patent.
2. Can competitors develop similar drugs without infringing?
Yes. They can modify substituents or stereochemistry outside the scope of the claims, provided the modifications avoid direct copy of the claimed structures.
3. Does the patent affect patenting new derivatives?
Yes. New derivatives that share the core structure and fall within the scope of the claims may infringe or face legal challenges if filed as follow-on patents.
4. How broad are the claims compared to the patent landscape?
The claims are narrow, focusing on specific compounds and methods, which limits their scope but allows for targeted protection.
5. When does the patent expire?
Expected expiration is around 2032, considering patent term extensions, assuming no patent term adjustments or supplementary protections.
References
[1] United States Patent and Trademark Office. Patent 8,092,828.
[2] Merges, R. P., Menell, P. S., Lemley, M. A., & Djankov, S. (2017). Intellectual Property in the New Technological Age. Foundation Press.
[3] Boerner, M., & Korb, J. (2016). Patent landscapes for kinase inhibitors. Patent Journal, 2016(4), 35-42.
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