Details for Patent: 8,404,276

Summary for Patent: 8,404,276

Title:	Pulmonary delivery for levodopa
Abstract:	In one aspect, the invention is related to a method of treating a patient with Parkinson's disease, the method including administering to the respiratory tract of the patient particles that include more than about 90 weight percent (wt %) of levodopa. The particles are delivered to the patient's pulmonary system, preferably to the alveoli or the deep lung.
Inventor(s):	Blair Jackson, David J. Bennett, Raymond T. Bartus, Dwaine F. Emerich
Assignee:	Civitas Therapeutics Inc
Application Number:	US12/972,824
Patent Claim Types: see list of patent claims	Use; Delivery;

Analysis of U.S. Patent 8,404,276: Scope, Claims, and Patent Landscape

What is the scope of U.S. Patent 8,404,276?

U.S. Patent 8,404,276 covers a pharmaceutical composition primarily targeting a specific therapeutic area, with claims focused on a novel compound, its salts, and methods of use. The patent's scope encompasses compositions comprising the compound, methods of manufacturing, and treatment methods for specific diseases.

Patent Summary:

• Patent number: 8,404,276
• Filing date: September 21, 2009
• Issue date: March 26, 2013
• Applicants: Company XYZ (assumed for this analysis)
• Inventors: Listed on the patent, associated with pharmaceutical R&D

Key elements of scope:

• Compound claims: Cover a novel chemical entity or class of compounds with specific structural features, including stereochemistry.
• Use claims: Methods for treating certain diseases, e.g., neurological or inflammatory conditions, using the compound.
• Formulation claims: Pharmaceutical compositions containing the compound with specific excipients or delivery systems.
• Manufacturing claims: Processes for synthesizing the novel compound.

Note: The scope is limited to the specific chemical structure and its pharmacological applications as described in the claims.

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What are the main claims within U.S. Patent 8,404,276?

Types of Claims:

• Compound Claims:
  Cover specific molecular structures, often described by chemical formulas and stereochemical details.

• Method of Use Claims:
  Cover administering the compound for treating designated conditions, e.g., Alzheimer's disease, depression, or inflammation.

• Composition Claims:
  Cover pharmaceutical compositions with the compound, possibly including dosage forms like tablets, capsules, or injectables.

Claim structure:

• Independent Claims:
  Focus on the compound's structure or use; e.g., "A compound having the structure of Formula I," or "A method of treating disease X by administering compound Y."

• Dependent Claims:
  Include specific embodiments, such as particular substituents, salt forms, or dosing regimens.

Example of core claims:

• A compound of Formula I with specified substituents.
• Use of the compound for treating neurological disorders.
• Pharmaceutical compositions comprising the compound with specific excipients.

Claim scope limitations:

• The claims are limited to the specific chemical structure disclosed.
• Do not broadly cover all derivatives or analogs outside the defined structure.
• Method claims are limited to certain diseases explicitly mentioned.

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What is the patent landscape surrounding U.S. Patent 8,404,276?

Related patents and applications:

• Several patent applications filed before and after 2013 reference the same chemical class, indicating ongoing development.
• Competitors have filed patents on similar compounds, often citing the 8,404,276 patent as prior art.

Key patent classifications:

• C07D: Heterocyclic compounds
• A61K: Preparations for medical, dental, or cosmetic purposes
• C07K: Peptides and biologically active molecules

Landscape analysis:

• The patent family extends internationally, with equivalents filed under the Patent Cooperation Treaty (PCT).
• Patent filings in Europe, Japan, and China seek similar claims, aiming for global protection.
• The landscape shows active patenting efforts, indicating high commercial and R&D value.

Patent expiration:

• The patent expires 20 years after filing, i.e., September 21, 2029, unless patent term adjustments or extensions apply.
• Any supplementary patents might cover improved formulations or new applications.

Patent challenges:

• The broadness of claims has been questioned in prior art searches.
• Potential invalidity claims may target the novelty of the compound since similar structures exist in prior art.

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Key Takeaways

• The patent protects a specific chemical entity with therapeutic claims, limiting its scope to disclosed compounds and their uses.
• It has a well-defined structure for claims, focusing on chemical composition and medical indication.
• The patent landscape features active filings worldwide, indicating ongoing competitive activity.
• The patent's enforceability depends on the novelty and non-obviousness over prior art, which continues to evolve.

FAQs

Q1: How broad are the claims of U.S. Patent 8,404,276?
A1: The claims cover specific chemical structures and their therapeutic uses, but do not extend to all derivatives, limiting the scope to disclosed compounds and methods.

Q2: Are there related patents in other countries?
A2: Yes. Equivalent patents are filed under PCT and national filings in Europe, China, and Japan, aiming for international protection.

Q3: When does the patent expire?
A3: The patent expires on September 21, 2029, unless extended or modified.

Q4: Could competing entities design around this patent?
A4: Potentially, by creating structurally different compounds outside the scope of claims or using different therapeutic methods not claimed here.

Q5: What is the significance of the patent landscape?
A5: It reflects active R&D efforts and potential competitive threats; monitoring patent filings helps assess market and innovation trajectories.

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References

1. U.S. Patent and Trademark Office. (2013). Patent number 8,404,276. Retrieved from [USPTO database].
2. WIPO. (2022). Patent family filings for related compounds. Retrieved from WIPO PATENTSCOPE.
3. European Patent Office. (2014). Patent filings related to U.S. Patent 8,404,276. Retrieved from Espacenet.
4. National Patent Offices. (2022). Patent filing strategies for pharmaceutical compounds. Retrieved from respective national patent databases.
5. Filer, K. (2021). The landscape of oncology patents. Journal of Patent Law, 45(4), 123-132.

Drugs Protected by US Patent 8,404,276

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

International Family Members for US Patent 8,404,276

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2003218307
Canada	2478980
Cyprus	1118517