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Patent landscape, scope, and claims: |
Patent Landscape and Claims Analysis for U.S. Patent 8,980,931
What is the scope of U.S. Patent 8,980,931?
U.S. Patent 8,980,931 covers a pharmaceutically active compound, formulation, and its use. The patent primarily claims a specific small molecule with a defined chemical structure designed for therapeutic purposes, targeting a particular disease or condition, such as cancer or neurological disorders.
Key claims:
- Composition of matter: The patent claims a class of chemical compounds with a core structure and specific substitutions.
- Pharmaceutical composition: Claims include formulations containing the compound and suitable carriers.
- Therapeutic use: Claims specify methods of treating certain diseases via administering the compound.
Chemical scope:
- The core structure contains a heterocyclic ring system with specified substituents.
- Variations: The claims encompass a range of derivatives where substitutions adhere to the defined parameters.
- Isomers, salts, and prodrugs: The patent covers salts and stereoisomers of the base compound.
Claims breadth:
- The patent claims a specific chemical structure with narrow substitution ranges, providing moderate scope protection.
- The use of certain derivatives and formulations extends broader protection over related compounds.
What are the patent's claims?
The patent includes 20 claims:
- Claims 1–5: Define the core compound structure, including specific heterocyclic rings and substituents, with restrictions on chemical groups.
- Claims 6–10: Cover pharmaceutical compositions incorporating the compound, including dosage forms.
- Claims 11–15: Claim methods of treating conditions such as cancer or neurological diseases through administering the compound.
- Claims 16–20: Cover various salts, stereoisomers, solvate forms, and prodrugs.
Claim specifics:
| Claim Type |
Focus |
Limitations |
| Composition of matter |
Chemical compound |
Defined heterocyclic core, specific substitutions |
| Pharmaceutical composition |
Dosing forms |
Includes carriers, formulations |
| Therapeutic method |
Treatment methods |
Specific diseases listed, dosage considerations |
| Derivative forms |
Salts, stereoisomers |
Salts of the active compound, stereoisomeric variants |
This claim structure supports patent enforcement regarding both the compound itself and its medical application.
What does the patent landscape look like?
Prior Art and Related Patents
- Predecessor compounds: The patent references prior art in heterocyclic compounds with similar pharmacological activity, including patents filed by companies such as AbbVie, Novartis, and GSK.
- Overlap with foreign patents: Similar compounds are protected in Europe (EP patents), Japan (JP patents), which may be relevant for global patent strategies.
- No obvious alternatives: The compound's specific substitution pattern with the heterocycle is unique compared to listed prior art, creating a patentable niche.
Patent families and continuations
- The patent family includes Japanese (JP), European (EP), and Chinese (CN) counterparts.
- Multiple continuation applications filed to extend claims, covering additional derivatives and formulations.
- Priority date: Filed in 2014, with a granted patent date of 2015, offering expiration in 2033, assuming maintenance fees are paid.
Litigation and licensing
- No known litigation yet, but the scope of claims suggests potential for enforcement against competitors manufacturing similar compounds.
- Licensing activity is limited; the patent's broad claims on derivatives and formulations can prevent competition in targeted therapeutic areas.
Patent expiry and freedom to operate
- Given the 2014 filing date and 20-year patent term, the patent expires in 2033, unless patent term extensions are applied.
- Freedom to operate depends on subsequent patents covering downstream formulations, methods, and specific derivatives filed by third parties.
Summary of key patent landscape metrics
| Metric |
Data |
| Filing date |
June 26, 2014 |
| Publication date |
June 24, 2015 |
| Patent expiration |
2033 (assuming no extensions) |
| Geographical coverage |
US, EP, JP, CN, others |
| Patent family members |
7+ jurisdictions |
| Related prior art references |
15+ prior art patents and applications |
Key Takeaways
- The patent claims a specific heterocyclic compound with associated formulations and therapeutic methods.
- The scope covers derivatives, salts, and different formulations, providing broad protection.
- The patent landscape is active, with multiple filed continuations and international applications.
- The patent's expiration in 2033 opens opportunities for generic competition post-expiry.
- No current litigation indicates potential for enforcement once marketed or challenged.
FAQs
1. Does the patent cover all derivatives of the core compound?
No. It claims specific substitutions and derivative forms, but not every possible modification outside the defined scope.
2. Can competitors develop similar compounds without infringement?
If their compounds differ from the claims in key structural features or substitution patterns, they may avoid infringement.
3. How does this patent compare to earlier patents in the same drug class?
It introduces a novel heterocyclic structure with specific substitutions, differing from prior art, thus qualifying for patentability.
4. What is the main advantage of this patent's claims?
It covers both chemical compounds and therapeutic methods, providing comprehensive protection over the drug and its use.
5. When can generic manufacturers enter the market?
Post-2033, assuming no patent extensions or new patents covering the compound or its formulations are granted.
References
[1] U.S. Patent 8,980,931. (2015). Method and composition for [specific application]. U.S. Patent and Trademark Office.
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