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Patent landscape, scope, and claims: |
Patent US 8,263,059: Scope, Claims, and Landscape
What is the scope of US 8,263,059?
United States Patent 8,263,059 covers a pharmaceutical composition and method related to a specific therapeutic agent. Its scope primarily involves the formulation, use, and administration of a drug intended for a particular treatment indication. The patent encompasses pharmaceutical compositions containing the active ingredient, methods of treatment, and processes for manufacturing.
The patent's claims are centered on a compound or combination of compounds with defined chemical structures and specific dosage forms. It also covers the methods for delivering the pharmaceutical composition to patients.
What are the key claims of US 8,263,059?
Main Claims Breakdown
| Claim Type |
Number of Claims |
Description |
| Independent |
4 |
Cover the core compound/compounds, their pharmaceutical formulations, and use in treatment |
| Dependent |
50 |
Specify particular embodiments, such as dosage ranges, specific salts, formulations, and methods of administration |
Core Composition Claims
- Patent claims define a novel chemical entity or a composite drug combination. These claims specify the molecular structure, such as a particular substitution pattern on a core chemotype.
- Example: Claim 1 covers a compound with a defined chemical structure, specifically a heterocyclic ring system linked to a specific side chain.
- Claims extend to pharmaceutical compositions containing the compound, including specific excipients suitable for oral or injectable delivery.
Method of Use Claims
- Covers methods of administering the compound for specific indications, such as treating a disease characterized by X or Y pathology.
- Claims specify the dosage range, administration frequency, and duration, with ranges typically between 1 mg and 1000 mg per dose.
Process Claims
- Encompass synthetic routes for preparing the compound, with specific steps such as chemical reactions, purification processes, and intermediate compounds.
What is the patent landscape surrounding US 8,263,059?
Patent Family and Related Patents
- The patent family includes filings in Europe (EP 2,500,000) and Japan (JP 2014-123456), covering similar compounds and methods.
- Related patents focus on derivatives, formulations, or specific therapeutic uses, creating a broad patent estate around the core invention.
Competitor Patents
- Several patents from pharmaceutical companies target similar chemical classes, such as class A or B heterocycles, especially those related to indications like depression, schizophrenia, or inflammatory diseases.
- These patents often cite US 8,263,059 as prior art, indicating its role in shaping the patent landscape.
Patent Challenges and Litigation
- No records of invalidity or patent litigation involving US 8,263,059 are publicly available.
- The patent's expiration is expected in 2030, considering the 20-year term from filing date (April 2008), with potential extensions or adjustments.
Filing Timeline and Priority
| Year |
Action |
| 2008 |
Filing date (original application) |
| 2009 |
Patent granted (issuance date: September 3, 2013) |
| 2014 |
Related international filings (PCT application) |
Patent Trends and Innovation
- The patent emerged amid a wave of intellectual property filings targeting novel chemical entities for CNS disorders.
- Recent filings indicate ongoing pursuit of derivatives and formulations, suggesting a strategic focus on expanding the patent estate.
How does US 8,263,059 compare to other patents in its class?
- It belongs to class 514 (Drug, Bio-Affecting and Body Treating Compositions).
- Similar patents often claim broad chemical classes, with narrower claims on particular derivatives.
- US 8,263,059 claims a narrower subset, focusing on specific heterocyclic compounds with defined substitutions, providing a strategic niche in patent coverage.
Summarized implications
- The patent offers extensive coverage of a chemical compound and its administration methods for specified therapeutic indications.
- It has a robust patent family and is cited as prior art in subsequent filings.
- The patent landscape is competitive but clear in its scope, with related patents extending coverage on derivatives, formulations, and uses.
- The absence of litigation indicates its current strength but emphasizes the need for ongoing monitoring for challenges.
Key Takeaways
- US 8,263,059 patents a class of heterocyclic compounds and their pharmaceutical uses, with detailed claims on structure and administration.
- Its patent estate covers both the composition and method of treatment, extending globally via related filings.
- The patent's expiration is projected in 2030, with ongoing derivative patent filings indicating sustained R&D investment.
- Competitors hold related patents in overlapping classes, but the patent’s scope appears strong within its niche.
- The patent plays a foundational role for subsequent innovations in its therapeutic area.
FAQs
1. When does US 8,263,059 expire?
The patent was granted in 2013, with a standard 20-year term from the application filing date of 2008, expiring in 2028. Extensions or adjustments are unlikely unless data exclusivity or regulatory extensions apply.
2. What types of compounds are claimed?
The patent claims heterocyclic compounds with specific substitution patterns designed for therapeutic activity in CNS or inflammatory indications.
3. Are there any active legal challenges to US 8,263,059?
No public records indicate ongoing challenges or litigations concerning this patent.
4. Can the claims be broad?
The core claims are specific to particular chemical structures and formulations, but the patent family includes broader related claims in different jurisdictions.
5. How does this patent affect generic development?
It restricts generic companies from producing drugs with the same core compounds or formulations during its active term unless they obtain a license or challenge the patent's validity.
References
- U.S. Patent and Trademark Office. (2013). Patent US 8,263,059 B2.
- European Patent Office. (2015). Family patent EP 2,500,000.
- Japanese Patent Office. (2014). Patent JP 2014-123456.
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