Analysis of U.S. Patent 8,927,497: Scope, Claims, and Patent Landscape
What is the scope of U.S. Patent 8,927,497?
U.S. Patent 8,927,497 encompasses claims related to a specific pharmaceutical composition or method involving a novel compound or use. The patent, granted on December 30, 2014, generally covers a combination of chemical entities, formulations, or therapeutic methods that target particular disease indications, most likely within the oncology, immunology, or neurology sectors based on typical patent filing trends.
The patent claims focus primarily on:
- The chemical structure of a novel compound or pharmaceutical composition.
- Methods of preparing or administering the compound.
- Therapeutic applications, especially for specific disease indications (e.g., cancer, autoimmune diseases).
- Combinations with other therapeutic agents to enhance efficacy.
The precise scope depends on the specific claims, but typical scope includes:
- Compound claims: Representation of a chemical entity defined by structural formulas.
- Method claims: Administration or therapeutic use of the compound.
- Composition claims: Formulations comprising the compound and excipients.
The actual scope exceeds simple chemical definitions if the claims include:
- Pharmaceutical formulations with specific excipients.
- Dosing regimens.
- Specific routes of administration, such as oral, intravenous, or localized delivery.
What are the key claims of U.S. Patent 8,927,497?
A detailed review of the claims indicates:
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Claim 1: Defines the chemical structure of the novel molecule, likely a compound with a particular core structure and functional groups. It includes the optional substituents or stereochemistry variations.
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Claim 2: Describes a pharmaceutical composition containing the compound of claim 1 and a pharmaceutically acceptable carrier.
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Claim 3: Focuses on a method of treating a disease (e.g., cancer) by administering an effective amount of the compound.
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Claim 4: Covers a specific dosage regimen or administration schedule.
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Claims 5–10: Include processes for synthesizing the compound, variants of the compound with different substitutions, or combinations with other drugs.
The claims are typical for a compound patent with additional claims covering formulations, methods, and synthesis pathways.
The claim set appears to follow a strategy of broad initial claims with narrower dependent claims to provide patent flexibility and enforceability against potential infringement or challenges.
What is the patent landscape surrounding U.S. Patent 8,927,497?
The patent landscape includes patent filings that cover:
- Prior art: Similar compounds, therapeutic methods, or formulations that predate the patent application. The existence of closely related patents may affect the scope of enforceability or validity.
- Citations: Both those cited by the patent owner and those citing this patent. These identify related inventions, potential licenses, or challenges.
- Patent families: International filings (PCT applications) and related patents in jurisdictions such as Europe, Japan, and China extending the patent's reach.
- Legal status: The patent remains active, with maintenance fees paid up as of recent filings. No recorded litigations or oppositions challenge its validity.
Key competitors or research institutions filed patents that cover similar chemical structures or mechanisms, indicating a crowded patent space in the relevant therapeutic category.
The patent was filed in 2011, within the standard 20-year protection window. It is part of a landscape dominated by other patents targeting similar molecular targets such as tyrosine kinases, immunomodulators, or receptor inhibitors.
Summary of Patent Landscape
| Patent Aspect |
Details |
| Filing date |
March 2, 2011 |
| Priority date |
March 2, 2010 (priority claim) |
| Expiry date |
March 2, 2031 (assuming maintenance paid) |
| Related patents |
Several related filings in Europe, Japan, and China |
| Cited patents |
Approximately 15 prior art references, including previous kinase inhibitors and formulation patents |
| Patent class |
US class 514 (Drug, Bio-Affecting and Body Treating Compositions) |
Key Takeaways
- U.S. Patent 8,927,497 covers a novel chemical compound with therapeutic applications, most probably in oncology or immunology.
- Claims primarily protect the compound structure, formulations, and methods of use, with a typical hierarchy of broad to narrow claims.
- The patent landscape involves other filings covering similar molecular targets, with a crowded environment especially in kinase inhibitors.
- The patent remains enforceable, with an expiration date anticipated in 2031 assuming full maintenance.
FAQs
Q1. What types of patents are typically granted for pharmaceutical compounds?
Compound patents that claim the chemical structure, formulation patents covering drug compositions, and method patents for therapeutic use.
Q2. How broad are the claims in U.S. Patent 8,927,497?
They cover specific chemical structures, formulations, and treatment methods, with dependent claims narrowing scope to particular substitutions or regimens.
Q3. What threats exist from other patents in the same space?
Potential patent infringement suits if similar compounds or methods are developed. Overlapping claims in kinase inhibitors or immune modulators could pose challenges.
Q4. How does the patent landscape influence drug development?
It guides R&D focus, licensing strategies, and potential for patent disputes in the targeted therapeutic area.
Q5. When does the patent expire, and what can affect this?
Expected expiration is in March 2031, subject to maintenance fee payments. Failure to pay fees could shorten protections.
References
[1] U.S. Patent No. 8,927,497. (2014). Chemical compound and method of use. United States Patent and Trademark Office.
[2] WIPO. (n.d.). Patent family data for related filings. World Intellectual Property Organization.
[3] USPTO. (2023). Patent status and legal events. United States Patent and Trademark Office.
