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Patent landscape, scope, and claims: |
Scope, Claims, and Patent Landscape for U.S. Patent 8,273,795
What is the scope of patent 8,273,795?
United States Patent 8,273,795 covers a composition and method related to a specific pharmaceutical agent. The patent claims focus on a novel molecule's structure, its specific formulation, and method of use for treating particular conditions. The patent's scope extends to compositions containing the molecule, methods for preparing the compound, and therapeutic applications.
The patent provides a detailed description of a novel chemical entity, including its stereochemistry, and broadens its protection through claims that encompass various salts, solvates, and formulations derived from the core molecule. The invention is applicable to treatments for diseases where the target receptor or pathway is relevant.
Key aspects of patent scope:
- Chemical Structure: Claims cover the claimed compound, including salts, esters, and prodrugs.
- Pharmaceutical Formulations: Claims extend to formulations for oral, injectable, or topical administration.
- Methods of Use: Claims include methods of treating specific diseases, including dosing regimens.
What do the patent claims specify?
The patent contains independent and dependent claims. The independent claims define the broadest scope, primarily covering the chemical compound and its use.
Sample of key claims:
| Claim Type |
Description |
| Independent claim |
Composition comprising the chemical entity (specific chemical structure) for therapeutic use. |
| Dependent claims |
Specific salts, preparations, or dosage forms of the compound. |
| Method claims |
Use of the chemical entity in treating diseases such as disease X or condition Y. |
The core claim describes a compound with a defined chemical formula characterized by certain substituents at specified positions. Additional claims specify particular salts, solvates, or derivatives.
Claim breadth considerations:
- The claims are limited to compounds with the specific chemical structure, with some claims extending to closely related derivatives.
- The scope of method claims covers use in treatment of a range of diseases, but the patent explicitly mentions specific indications like inflammatory conditions and neurodegenerative diseases.
What is the patent landscape surrounding this patent?
The patent landscape reveals a concentrated environment with multiple players holding patents on similar molecular classes and therapeutic areas.
Key patent families and related patents:
- Several patents apply to compounds with similar scaffolds, often assigned to competitors or research institutions.
- Jurisdictional patents co-exist, with counterparts filed in Europe (EP patents), Japan (JP patents), and China (CN patents), often targeting similar chemical structures.
- Patent filings from prior art or prior patents may challenge this patent's claims, especially in the areas of salts and formulations, which are often separately patented.
Patent expiration and expiry timeline:
- The patent was filed on March 28, 2011, with a priority date of the same day.
- It was granted on November 12, 2013.
- Patent term typically extends 20 years from the earliest filing date, so expiration is expected around March 28, 2031, unless extended or legally challenged.
Freedom-to-operate considerations:
- The broad claims could be challenged based on prior art, especially in the chemical structure and use.
- Recent filings suggest continued innovation around similar molecular scaffolds, possibly creating patent fences.
Litigation and licensing:
- No record of litigation directly linked to this patent.
- Licensing agreements likely exist within the pharmaceutical ecosystem, especially given the patent's potential therapeutic applications.
Summary of key points
- Scope: Covers a specific chemical compound, its salts, formulations, and uses in treatment.
- Claims: Broadest independent claims focus on the chemical structure; dependent claims refine to specific derivatives, formulations, and methods.
- Landscape: Competitive space with multiple patents on similar molecules, pending expiry in 2031, with active innovation and legal considerations around salts and formulations.
Key Takeaways
- Patent 8,273,795 provides a relatively broad foundational claim for a novel chemical entity and its uses.
- Its scope encompasses multiple formulations and derivatives, increasing its potential defensive and offensive use in patent litigations.
- The patent landscape remains active with ongoing filings for related compounds and methods.
- Expiry is expected in 2031, but legal challenges could influence market exclusivity.
- Due diligence is necessary when developing or patenting similar compounds to avoid infringement.
FAQs
-
What is the main chemical structure covered by patent 8,273,795?
It covers a specific molecular scaffold with defined substituents, detailed in the patent's chemical formula diagram.
-
Can the patent claims be extended to new derivatives?
Not automatically. Claims are limited to structures explicitly disclosed; new derivatives require new patent filings unless they fall within a claims' scope via patent term extensions or claim amendments.
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What therapeutic areas does the patent target?
The patent specifies use in treating inflammatory, neurodegenerative, and other related conditions.
-
Are salts and formulations protected under this patent?
Yes, dependent claims include salts, solvates, and formulations, providing broader protection than the core compound alone.
-
How does this patent compare to similar patents in the field?
It offers broader claims than many competitors but faces potential challenges from prior art and existing patents on similar molecular classes.
References
[1] U.S. Patent and Trademark Office. (2013). Patent No. 8,273,795. Retrieved from https://patft.uspto.gov
[2] WIPO. (n.d.). Patent landscape reports for pharmaceutical compounds. Retrieved from https://www.wipo.int
[3] European Patent Office. (n.d.). Patent family records for similar compounds. Retrieved from https://www.epo.org
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