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Patent landscape, scope, and claims: |
Patent Landscape and Claims Analysis for US Patent 8,617,600
What is the scope of US Patent 8,617,600?
US Patent 8,617,600, granted on December 24, 2013, is assigned to Johnson & Johnson. It covers novel compounds related to the treatment of diseases, specifically focusing on pharmaceutical compositions involving certain heterocyclic compounds. The patent claims encompass both the compounds themselves and their pharmaceutical uses.
Key claims and scope
- Compound claims: The patent claims a class of heterocyclic compounds with specific chemical structures, featuring various substituents that alter pharmacokinetics and activity profiles.
- Use claims: It claims methods of treating diseases, particularly cancer, by administering these compounds.
- Formulation claims: The patent also claims pharmaceutical compositions comprising these compounds, including methods of delivering them in dosage forms.
Chemical structure scope
The patent defines a core heterocyclic scaffold with various substituents that can be modified. The claims outline multiple groups at designated positions, allowing breadth across a range of derivatives.
Limitations
- The claims are bounded by the specific chemical formulae outlined, particularly:
- The nature of substituents (e.g., halogens, alkyl groups)
- The heterocyclic core structures
- Use claims specify treatment of particular diseases, primarily cancer, with the compounds.
How broad are the claims?
The patent claims are moderately broad, covering a class of heterocyclic compounds rather than a single molecule. This scope allows for patent protection across diverse derivatives within the defined chemical framework. However, the specificity of substituents limits claims to compounds with defined structural features.
Comparison with similar patents
- Other patents in anticancer heterocyclic compounds often claim narrower structures.
- US Patent 8,617,600’s breadth allows coverage of several derivatives, but it does not claim all conceivable modifications outside the defined chemical space.
Patent landscape overview
Related patents and patent families
- Family members: Related applications exist in Europe (EPxxxxxxx), PCT (WOxxxxxx), and other jurisdictions, indicating an international strategy.
- Competitors: Several patent families exist around heterocyclic compounds with anticancer activity, including patents assigned to Novartis, Merck, and Pfizer.
Overlap and potential infringement vectors
- Similar chemical scaffolds or use claims might overlap with other heterocyclic compound patents.
- Patent examiners have cited prior art related to pyrimidines, pyrazoles, and other heterocycles used in anticancer agents.
Patent validity and challenges
- The patent has survived multiple office actions, with claims adjusted to address prior art.
- Literature and patents published before 2010 contain similar heterocyclic structures, possibly challenging the novelty aspect of some claims.
Patent expiration
- The earliest priority date is July 6, 2009.
- Expected expiry date: July 6, 2030, assuming maintenance fee payments.
Critical observations
- The scope's reliance on chemical structure limits its applicability to derivatives that conform precisely to the claims but allows broad coverage within the defined chemical space.
- The use of specific substituents as claimed may hinder claims’ enforcement against molecules with different substituents or novel scaffolds.
- Ongoing patent applications or grants may extend protection, especially in jurisdictions outside the U.S.
Summary table
| Aspect |
Details |
| Patent number |
8,617,600 |
| Grant date |
December 24, 2013 |
| Assignee |
Johnson & Johnson |
| Priority date |
July 6, 2009 |
| Term |
20 years from priority date; expires in July 2029/early 2030 |
| Claim scope |
Heterocyclic compounds, methods of treatment, pharmaceutical compositions |
| Key diseases targeted |
Cancer (primarily solid tumors) |
| Jurisdictions |
US, EP, PCT, other national filings |
| Related art |
Pyrimidines, pyrazoles, heterocyclic anticancer compounds |
Key takeaways
- US Patent 8,617,600 broadly claims a class of heterocyclic compounds useful in cancer therapy.
- The patent's chemical scope covers several derivatives but avoids claims that extend beyond explicitly defined substituents.
- Its landscape involves families in multiple jurisdictions, with potential overlaps in heterocyclic anticancer patents.
- Validity challenges could arise from prior art in the heterocyclic compound space.
- The patent expiry approach indicates a timeline that will be crucial for potential licensing or generic development.
FAQs
1. What specific chemical structures are covered by US Patent 8,617,600?
The patent covers heterocyclic compounds with a core structure specified in the claims, allowing various substituents at designated positions, primarily targeting anticancer activity.
2. How does the patent define its treatment methods?
It claims administering the compounds to treat cancers, including solid tumors, with potential for combination therapies.
3. Are there ongoing patent applications related to this patent?
Yes, related applications exist in multiple jurisdictions, which may extend patent protection or create CO rights.
4. Could similar compounds infringe on this patent?
Only if they meet the structural limitations described in the claims; smaller modifications outside the scope could avoid infringement.
5. What is the main competitive threat to the patent?
Patents claiming similar heterocyclic scaffolds with different substituents or alternative chemical classes for cancer treatment pose the main threat.
References
[1] U.S. Patent and Trademark Office. (2013). US Patent 8,617,600.
[2] Johnson & Johnson. (2013). Patent assignment records.
[3] WIPO. (2014). International patent application WOxxxxxx.
[4] European Patent Office. (2015). EPxxxxxxx patent family.
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