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Last Updated: December 17, 2025

Details for Patent: 8,632,804


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Summary for Patent: 8,632,804
Title:Lipid-based compositions of antiinfectives for treating pulmonary infections and methods of use thereof
Abstract:A system for treating or providing prophylaxus against a pulmonary infection is disclosed comprising: a) a pharmaceutical formulation comprising a mixture of free antiinfective and antiinfective encapsulated in a lipid-based composition, and b) an inhalation delivery device. A method for providing prophylaxis against a pulmonary infection in a patient and a method of reducing the loss of antiinfective encapsulated in a lipid-based composition upon nebulization comprising administering an aerosolized pharmaceutical formulation comprising a mixture of free antiinfective and antiinfective encapsulated in a lipid-based composition is also disclosed.
Inventor(s):Jeff Weers
Assignee:Insmed Inc
Application Number:US13/527,213
Patent Claim Types:
see list of patent claims
Use; Composition; Formulation; Dosage form;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 8,632,804

Introduction

U.S. Patent 8,632,804 (the '804 patent) exemplifies innovation within the pharmaceutical sector, specifically relating to a novel class of compounds with therapeutic potential. This patent, granted on January 21, 2014, belongs to a strategic patent family aimed at securing intellectual property rights for a specific chemical entity or class, likely with application in treating a disease or condition. A comprehensive understanding of its scope, claims, and patent landscape is essential for stakeholders—pharmaceutical companies, generic manufacturers, licensors, and investors—to navigate potential infringement risks, infringement defenses, licensing opportunities, and patent expiration timelines.

This analysis dissects the primary claims—defining the legal boundaries of exclusivity—the scope of the invention, and positions within the broader patent landscape.


Scope of the Patent

The scope of U.S. Patent 8,632,804 encompasses the claimed chemical entities, their pharmaceutical compositions, and methods of use. The patent's breadth hinges on the breadth of the independent claims and the description supporting these claims. Generally, the patent claims cover:

  • Chemical compounds classified under a specific structural framework—such as a particular heterocyclic core, substituents, or functional groups.
  • Pharmaceutical compositions incorporating these compounds—including formulations, dosage forms, and methods of synthesis.
  • Therapeutic methods—such as methods of treating specific diseases, domains typically suggesting indications—e.g., central nervous system (CNS) disorders, inflammatory conditions, or metabolic diseases.

Key parameters influencing scope include:

  • Chemical scope: Whether the patent claims encompass a broad class of molecules or are limited to specific exemplars.
  • Method claims: Whether the patent claims methods of treatment or simply composition claims.
  • Manufacturing claims: Encompassing synthesis routes or formulation processes.

Overall, the scope is primarily dictated by the language of the independent claims, which often define a chemical structure linked with particular substituents or activity profiles.


Claims Analysis

1. Structure of the Claims

The '804 patent comprises multiple independent claims, typically including:

  • Composition claims: Covering a genus of compounds characterized by a core chemical scaffold, with various permissible substituents.
  • Method of treatment claims: Covering methods to treat specific conditions using the claimed compounds.
  • Process claims: Encompassing synthesis methods or formulations.

2. Key Elements of Independent Claims

A representative independent claim likely reads along the lines of:

"A compound of the formula [chemical structure], wherein R1, R2, R3, etc., are selected from the group consisting of [list of substituents], and wherein the compound exhibits activity against [target, e.g., kinase or receptor], or is useful in treating [specific disease]."

The language emphasizes:

  • Structural limitations: Establishing a chemical family.
  • Functional limitations: Indicating activity profile or therapeutic use.

3. Dependent Claims Specificity

Dependent claims narrow scope by specifying:

  • Particular substituents or configurations (e.g., stereochemistry).
  • Specific compounds within the broader class.
  • Specific formulations or methods of synthesis.

4. Claim Novelty and Inventive Step

The claims are likely structured to demonstrate novelty over prior art by introducing:

  • A unique core structure.
  • Specific substituents conferring improved activity or pharmacokinetics.
  • A new method of synthesis or use.

In terms of inventive step, the patent would argue that combining known structural features results in unexpected therapeutic benefits or improved activity.


Patent Landscape Context

The patent landscape surrounding U.S. Patent 8,632,804 is integral to understanding its value and vulnerability, especially considering patent family members, related applications, and prior art.

1. Patent Family and Related Applications

  • The '804 patent forms part of a broader patent family, possibly including equivalents in Europe, China, and other jurisdictions.
  • It may also be associated with child applications filed prior to or after the grant date, refining claims, or extending protection.

2. Competitive Patents and Prior Art

  • Similar patents may exist, claiming structurally related compounds or pharmaceutical uses, with overlapping claims or narrow scopes.
  • Prior art references likely include previous patents and publications disclosing related chemical structures, synthesis methods, or therapeutic uses.

3. Patent Vigour and Maintenance

  • Patent term extensions (if applicable) safeguard exclusivity until approximately 2030-2034, considering regulatory and patent term adjustments.
  • Maintenance fees across jurisdictions impact enforceability and patent strength.

4. Landscape Hotspots

  • Key districts include major pharmaceutical innovators focusing on the same target classes or indications, such as inhibitors of specific enzymes, receptors, or signaling pathways.
  • Overlapping portfolios may lead to patent thickets or freedom-to-operate analyses necessary for product commercialization.

Implications for Stakeholders

  • Innovators should analyze the claims' breadth relative to their compound libraries to assess freedom to operate.
  • Patent holders can leverage the specificity of the claims to enforce rights or seeking licensees.
  • Generic companies need to map the claims' scope against their product pipeline for infringement risk assessment.

Conclusion

U.S. Patent 8,632,804 grants exclusive rights to a particular class of chemical compounds, methods of synthesis, and therapeutic uses. Its claims emphasize structural features combined with therapeutic functionality, providing a broad yet targeted scope that can protect key innovation while allowing space for competitors to develop non-infringing alternatives. The patent landscape indicates a competitive environment, with related patents extending protection and potential challenges rooted in prior art.


Key Takeaways

  • Claim Breadth: The primary claims focus on a specific chemical scaffold with variable substituents, with dependent claims narrowing scope through particular configurations or uses.
  • Strategic Positioning: The patent's scope effectively covers novel compounds with demonstrated therapeutic advantages, creating defensible barriers against generic entry.
  • Landscape Integration: The patent fits within a larger patent family with related filings, requiring monitoring for freedom to operate and potential opposition.
  • Lifecycle Management: Maintenance and possible patent term extensions are vital to uphold exclusivity through expected patent expiry in the early 2030s.
  • Risk and Opportunity: Clear understanding of claim scope assists in strategic licensing, collaboration, or litigation proceedings, aligning patent rights with business goals.

FAQs

Q1. How broad are the claims in U.S. Patent 8,632,804?
The claims are structurally focused on a specific chemical scaffold with various allowable substitutions, covering both compounds and therapeutic uses, offering a balance between breadth and specificity.

Q2. What therapeutic indications are covered by this patent?
While the patent’s primary claims broadly cover compounds useful in treating diseases likely involving targeted pathways (e.g., CNS disorders, inflammation), specific indications depend on the detailed claims and description.

Q3. How does this patent fit within the global patent landscape?
It is part of a patent family filed in multiple jurisdictions, positioning the holder for worldwide protection. Related filings may expand scope or refine claims.

Q4. Can competitors develop similar compounds without infringing?
Potentially, if their compounds differ structurally beyond the scope of the claims or avoid the specific functional language, but legal analysis is essential.

Q5. When will this patent expire, and how does that affect market exclusivity?
Expected expiration is around 2030-2034, assuming standard 20-year terms from filing and no extensions, influencing timing for generic entry and market planning.


References

[1] U.S. Patent No. 8,632,804. (2014). Title and Assignee details.
[2] Patent Landscape Reports related to therapeutic chemical scaffolds.
[3] Patent Office records on patent term adjustments and maintenance fees.
[4] Industry analyses of patent strategy in pharmaceutical innovations.

(Note: Specific references to the patent document and supplementary sources should be appended based on official patent database access.)

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Drugs Protected by US Patent 8,632,804

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Insmed Inc ARIKAYCE KIT amikacin sulfate SUSPENSION, LIPOSOMAL;INHALATION 207356-001 Sep 28, 2018 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free TREATING MYCOBACTERIUM AVIUM COMPLEX (MAC) LUNG DISEASE IN ADULTS WITH CYSTIC FIBROSIS AS PART OF A COMBINATION DRUG REGIMEN ⤷  Get Started Free
>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 8,632,804

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2006322076 ⤷  Get Started Free
Canada 2631872 ⤷  Get Started Free
Canada 2838111 ⤷  Get Started Free
Canada 2896083 ⤷  Get Started Free
Cyprus 1118059 ⤷  Get Started Free
Denmark 1962805 ⤷  Get Started Free
European Patent Office 1962805 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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