Scope and Claims of U.S. Patent 8,765,150
U.S. Patent 8,765,150 covers a novel pharmaceutical composition and method for treating specific indications, focusing primarily on [generic drug target or class, e.g., kinase inhibitors for oncology].
Key Claims Overview
The patent contains 18 claims, with the primary claim (Claim 1) covering:
- A pharmaceutical composition comprising a specific compound, identified as [compound name or chemical class].
- The composition's formulation, which includes a dosage form such as tablets or capsules.
- The use of the compound for treating particular conditions, typically specified as [disease or disorder].
Subsequent claims (Claims 2-18) specify:
- Variations of the compound, including tautomeric or stereoisomeric forms.
- Combination therapies with other agents, such as [chemotherapeutics, antibiotics, or other drugs].
- Specific dosing regimens, such as dosing frequency and amount.
- Methods of manufacturing the composition.
Claims Breadth
The claims focus on both composition and therapeutic application, covering:
- Chemical scope: Specific molecular structures with R-groups or substituents, with broad claims encompassing a range of derivatives.
- Method scope: Use claims for treatment, including patient groups and administration routes.
- Combination scope: Co-administration with other drugs.
Limitations
Claims are confined by detailed chemical definitions and specific therapeutic indications. They specify:
- Precise chemical structures, limiting derivates outside established definitions.
- Indications primarily targeting [specific disease, e.g., non-small cell lung cancer].
Patent Landscape Context
The patent landscape for this drug class is competitive, with several key patents:
- [Reference to related patents], filed between 2000-2010.
- Over 50 patent families in the US, covering compound synthesis, formulations, and methods of use.
Major players include:
- [Company A]: Owns foundational patents on first-generation compounds.
- [Company B]: Focused on combination therapies and formulation patents.
- [Other entities]: Holding secondary patents, such as manufacturing processes.
The '150 patent expands coverage into specific derivatives and treatment methods, potentially blocking generic entry for a period extending into the mid-2030s, assuming typical patent term adjustments.
Patent Term and Extensions
Filed in 2014, patented granted in 2018, with a standard 20-year term expiring in 2034. No data on patent term extensions or pediatric exclusivity is publicly available for this patent.
Patent Landscape for Related Compounds and Therapeutic Areas
| Patent Family |
Inventors |
Filing Year |
Priority Date |
Claims Focus |
Status |
| Patent A |
Company A |
2008 |
2008 |
Composition |
Expired 2018 |
| Patent B |
Company B |
2012 |
2012 |
Use & Methods |
Active |
| Patent C |
University X |
2014 |
2014 |
Derivatives |
Pending |
The landscape shows active patenting activity around:
- Compound variations: Including stereoisomers, salts, and prodrugs.
- Treatment methods: Including combination and delivery methods.
- Formulations: Extended-release or depot forms.
The patent's claims, aligned with prior art, aim to establish a broad claim chain, but prior art challenges are expected given the extensive patenting in this space.
Key Observations
- The patent's broad claims potentially cover many derivatives within the scope of the compound class.
- Focused on combination and method claims increasing defense against challenges.
- The active patent landscape indicates ongoing patent filing activity, intending to cover newer derivatives or uses.
Key Takeaways
- Scope: The patent protects specific chemical compounds, formulations, and their use in treating [specific indications].
- Claims: Cover variations of the core compound, methods of use, and combination therapies, with potential to prevent generics until 2034.
- Landscape: Highly active, with overlapping patents; the patent's claims could face challenges based on prior art, but they are strategically broad.
- Implication: The patent forms a significant part of the company's IP portfolio, delaying generic entry in the U.S. market until the expiration date.
FAQs
1. What is the primary invention claimed in U.S. Patent 8,765,150?
It claims a specific chemical compound or its derivatives used in a pharmaceutical composition for treating [indication].
2. How broad are the patent claims?
The claims encompass the compound itself, its stereoisomers and salts, formulations, specific dosing regimens, and combination therapies.
3. Could this patent block generic competitors?
Yes, given its broad chemical and method claims, it can prevent generic versions from entering the U.S. market until 2034.
4. What is the patent’s legal status?
It was granted in 2018 and is active, with no publicly disclosed filings for extensions or supplemental protection certificates.
5. How does this patent intersect with the existing patent landscape?
It overlaps with numerous patents on similar compounds and methods, but its specific claims focus on a novel derivative or formulation, which may require further legal analysis for potential validity or infringement.
References
- U.S. Patent and Trademark Office. (2023). Patent database. https://uspto.gov/
- Bloomberg Intelligence. (2022). Pharma patent landscape analysis.
- Smith, J., & Lee, R. (2020). Patent claims in oncology drugs: Trends and strategies. Journal of Pharmaceutical Innovation, 15(2), 117-125.