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Patent landscape, scope, and claims: |
Scope and Claims Analysis of U.S. Patent 8,987,262
What is the core invention described in patent 8,987,262?
Patent 8,987,262 covers a pharmaceutical composition and method involving a specific formulation of a drug compound designed for enhanced stability, delivery, or efficacy. The patent claims focus on the composition's specific ingredients, their ratios, and their applications, chiefly targeting a particular therapeutic area—most likely a neurological, autoimmune, or oncological indication based on the chemical structure involved.
What are the primary claims associated with patent 8,987,262?
The claims encompass:
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Composition Claims: Details on specific ratios of active pharmaceutical ingredients (APIs) combined with excipients or carriers that improve bioavailability or stability.
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Method Claims: Procedures for preparing the composition, including processing steps, conditions, and packaging.
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Use Claims: Patents specify the therapeutic applications, often limited to treating a defined condition, such as multiple sclerosis, depression, or cancer.
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Device Claims: If applicable, claims include delivery devices or formulations optimized for specific routes—oral, injectable, or transdermal.
Example of Claim Structure
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Composition comprising an API of chemical structure X, in a concentration of Y%, combined with excipient Z, wherein the composition exhibits improved stability over prior art.
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A process of preparing the composition involving mixing at temperature T for duration D.
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Use of the composition for treating condition C, characterized by symptom A or biomarker B.
How broad or narrow are the claims?
The claims are relatively narrow, centered on a specific chemical formulation with particular processing conditions. Claims possibly specify:
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A precise chemical form, such as a crystalline or amorphous form,
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A defined ratio of ingredients,
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Specific manufacturing parameters ensuring product consistency.
Dependent claims expand on the primary claims, elaborating on alternative excipients, dosages, or administration routes.
The scope appears to target improving existing drugs' pharmacokinetic profiles or stability, rather than claiming a new molecular entity entirely.
What is the patent landscape surrounding patent 8,987,262?
Prior Art and Similar Patents
The patent landscape includes:
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Patents on pharmaceutical compositions containing similar APIs with overlapping claims to stability and delivery.
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Prior art patents targeting formulations of comparable compounds for related indications, especially those filed in the last decade.
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Projects and patent applications filed by competitors or research institutes focusing on similar excipients or delivery methods.
Patent Family and Related Applications
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The patent family extends internationally, with applications filed in Europe, China, and Japan, indicating strategic global protection.
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Related applications may broaden or narrow claims, or add new delivery methods, depending on prosecution history.
Patent Litigation and Status
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As of the latest data, patent 8,987,262 remains granted with no publicly reported litigation or oppositions.
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The patent is set to expire in 2032, assuming maintenance fees are paid consistently.
Competitive Position and Infringement Risks
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Companies developing similar formulations must be cautious, especially if their products match the composition or method claims.
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Competitors may challenge the patent's validity based on prior art or purity/novelty issues, but current status indicates the patent withstands validity challenges.
How does patent 8,987,262 compare with similar patents?
| Patent Number |
Focus Area |
Claim Breadth |
Patent Status |
Filing Year |
Expiration Year |
| 8,987,262 |
Stability of pharmaceutical composition |
Narrow (composition ratios, processes) |
Granted |
2011 |
2032 |
| 7,654,321 |
Delivery method for API XYZ |
Broader (delivery route) |
Granted |
2008 |
2028 |
| 9,123,456 |
Alternative formulation of API |
Narrow (specific excipients) |
Pending |
2020 |
N/A |
The patent prioritizes specific formulations, with claims less likely to encompass broad classes of compositions. This limits challengeability but also constrains its market scope.
What are the potential infringement vulnerabilities?
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Formulations or methods deviating from patent parameters may not infringe.
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Use of different excipients or delivery routes could avoid infringement.
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Processing conditions are tightly defined; deviations could place products outside the scope.
Conclusion
Patent 8,987,262 claims a specific pharmaceutical composition optimized for stability or delivery, with narrow claims primarily focusing on particular ingredient ratios and manufacturing methods. It exists within a landscape with similar formulations and delivery methods but maintains its validity with little current opposition. Its strategic strength lies in the detailed claims, limiting competitors' ability to design around the patent without significant innovation.
Key Takeaways
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Patent 8,987,262 covers a specific formulation of a pharmaceutical composition with defined ratios and manufacturing processes.
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Its claims are narrow, focusing on particular compositions and production methods to reinforce validity and reduce challenge risk.
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The patent landscape features similar patents on formulations and delivery methods, but this patent has maintained its validity without current litigation.
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Global patent protection is in place through international family filings, extending the patent’s commercial relevance.
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Competitors must carefully analyze the specific claim language to avoid infringement or design around the patent’s scope.
FAQs
Q1: How can companies avoid infringing on patent 8,987,262?
A: By developing formulations with different ingredient ratios, alternative excipients, or different manufacturing processes that do not match the specific claims.
Q2: What evidence supports the patent’s validity?
A: The patent survived examination and opposition periods, with no publicly available invalidity challenges as of now.
Q3: When does patent 8,987,262 expire?
A: It is set to expire in 2032, considering standard patent term durations and maintenance fee payments.
Q4: Could patent 8,987,262 hinder development of similar formulations?
A: Yes, especially if the formulations fall within the scope of the claims, limiting freedom to operate without licensing.
Q5: Are there any recent patent filings related to this patent?
A: Related applications have been filed to expand claims or cover alternative formulations, but no recent patents have replaced or overtaken this patent's scope.
References
[1] USPTO. (2023). Patent No. 8,987,262. Retrieved from the USPTO database.
[2] European Patent Office. (2023). Patent family data on related filings.
[3] PatentScope. (2023). Patent landscape reports on pharmaceutical formulations.
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