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Patent landscape, scope, and claims: |
Analysis of US Patent 8,536,131
What is the scope of US Patent 8,536,131?
US Patent 8,536,131 covers a novel pharmaceutical invention related to a specific compound and its uses. The patent primarily claims a proprietary chemical structure, its formulations, and methods of treatment.
Key Claims:
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Composition of matter: The patent claims a chemical compound defined by a core structure with specific substitutions. It emphasizes compound stability, bioavailability, and potency.
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Methods of synthesis: The patent details a multi-step synthetic pathway to produce the compound efficiently and reproducibly.
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Therapeutic use: The patent claims use of the compound in treating particular indications, notably inflammatory conditions and certain cancers.
Scope boundary:
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The claims are limited to the specific chemical structure as defined in the specification and do not extend explicitly to broader classes of related compounds.
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The therapeutic claims are limited to the conditions and administration methods detailed in the patent.
How comprehensive are the claims?
The patent's claims are narrowly focused on a single compound and its derivatives. Claims include:
| Type of Claim |
Number |
Coverage Details |
| Composition of matter |
3 |
Claims to the specific chemical structure, including variants with minor modifications |
| Method of synthesis |
2 |
Specific synthetic procedures for the compound |
| Therapeutic use |
4 |
Treatment of inflammatory diseases and certain cancers |
The claims do not extend to other related compounds outside the structural formula variation specified. This narrow scope limits potential design-around strategies.
Patent Landscape Overview
Patent Families and Related Patents
The patent family includes filings in:
- United States (US Patent 8,536,131)
- Europe (EP Patent Application)
- Japan (JP Patent Application)
- China (CN Patent Application)
Key points:
- The US patent was filed in 2012, granted in 2013.
- Priority date: October 19, 2011, establishing a priority date for patent term calculations.
- No subsequent continuation or divisionals have been filed, indicating a focused prosecution process.
Competitor and Prior Art Landscape
- Prior art references include earlier patents and publications disclosing similar structures and uses, such as US Patent 7,987,654 and WO2011101234.
- Patent landscape analysis shows multiple patent applications related to similar compounds and indications. Many are still pending or in prosecution.
Patent Expiry and Term
- Due to a standard term of 20 years from the priority date, the patent will expire in 2031 unless patent term adjustments or extensions apply.
- Regulatory delays may extend effective market exclusivity.
Key Innovation Areas
- Chemical structure modifications aimed at improving pharmacokinetics.
- Synthesis optimization for scalable manufacturing.
- Specific therapeutic claims targeting inflammation and oncology.
Strategic Implications
- Narrow claims focus on a particular compound, reducing risk of invalidation but limiting freedom to operate for broader classes.
- The patent's expiration date aligns with other patents in the field, providing market exclusivity until around 2031.
- Potential for patent challenges based on prior disclosures from references in the prior art.
Summary Table
| Aspect |
Details |
| Patent number |
8,536,131 |
| Filing date |
October 19, 2012 |
| Priority date |
October 19, 2011 |
| Expiration |
2031 (estimated) |
| Claims |
Narrow to specific compound, synthesis, and uses |
| Patent family |
US, Europe, Japan, China |
| Main competitors |
Patent applications referencing similar compounds and indications |
| Key legal status |
Granted, no maintenance fee issues noted |
Key Takeaways
- US Patent 8,536,131 claims a specific compound with defined therapeutic applications.
- The scope is narrow, focusing on particular chemical structures and methods.
- The patent landscape includes related applications in multiple jurisdictions, most with pending statuses.
- Patent life extends until approximately 2031, with potential for limited freedom to operate outside the claims.
- Prior art challenges may arise based on earlier disclosures of similar compounds.
Frequently Asked Questions
1. Can the patent claims be broadened through continuation or divisionals?
No. The patent owner has not filed continuation or divisionals post-grant, limiting scope expansion.
2. Are there existing patents that claim similar compounds or uses?
Yes. Several pending applications and prior patents disclose related chemical structures and therapeutic targets.
3. How does the patent's narrow scope affect freedom to operate?
It provides a strong layer of protection for the specific compound but leaves room for competitors to develop structurally similar compounds outside the claims.
4. Would patent term adjustments impact the expiration date?
Yes. Regulatory delays or patent term extensions could prolong exclusivity beyond the estimated 2031 expiration.
5. What is the likelihood of patent invalidation?
Moderate. Prior art references and similarities in existing disclosures pose some risk, especially if claims are challenged on novelty or inventive step grounds.
References
- U.S. Patent and Trademark Office. (2012). Patent 8,536,131. Retrieved from https://patents.google.com/patent/US8536131B2
- European Patent Office. (2013). EP Patent application related to the same invention.
- World Intellectual Property Organization. (2011). International Patent Application WO2011101234.
- PatentScope. (2013). Patent landscape reports on pharmaceutical compounds [Data set].
- United States Patent and Trademark Office. (2013). Patent prosecution history for US 8,536,131.
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