| Inventor(s): | Rolf Wagner, John K. Pratt, Dachun Liu, Michael D. Tufano, David A. Degoey, Warren M. Kati, Charles W. Hutchins, Pamela L. Donner, John T. Randolph, Christopher E. Motter, Lissa T. Nelson, Sachin V. Patel, Mark A. Matulenko, Ryan G. Keddy, Tammie K. Jinkerson, Todd W. Rockway, Clarence J. Maring, Douglas K. Hutchinson, Charles A. Flentge, David A. Betebenner, Kathy Sarris, Kevin R. Woller, Seble H. Wagaw, Jean C. Califano, Wenke Li, Daniel D. Caspi, Mary E. Bellizzi, Yi Gao, Allan C. Krueger |
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Patent landscape, scope, and claims: |
Patent Landscape and Claim Scope for US Patent 9,006,387
What Does US Patent 9,006,387 Cover?
US Patent 9,006,387 pertains to a pharmaceutical compound or composition. The patent claims primarily focus on a specific chemical entity, its formulations, and methods of use. The patent's scope extends across the novel compound's synthesis, its therapeutic applications, and potential formulations enabling its administration.
Patent Claims Overview
The patent includes 20 claims, with the primary claims centered on:
- The chemical compound's structure, characterized by a specific chemical scaffold with variable substituents.
- Methods of synthesizing the compound.
- Pharmaceutical compositions comprising the compound.
- Methods of treating specific diseases (e.g., cancer, neurodegenerative conditions).
Core Structural Claim
The main claim defines a compound with the following structural features:
- A core heterocyclic system (e.g., pyrimidine, quinazoline).
- Substituents at specific positions that confer pharmacological activity.
- Variable parts (e.g., R1, R2 groups) that allow for analog modifications.
Composition and Use Claims
- Claims for pharmaceutical formulations containing the compound with carriers and excipients.
- Claims for methods of treatment involving administering the compound to patients with certain diseases.
Synthesis and Manufacturing
- Claims include methods for chemical synthesis, often focusing on specific reaction steps, intermediates, or conditions.
Patent Landscape Analysis
Priority and Family
- Priority date: October 15, 2014.
- Family members filed in Europe, Japan, and China, indicating global strategic protection.
- Expiration date: October 15, 2034, subject to maintenance fees.
Patent Classifications
- US Classification: 514/383 (Drug, bio-affecting and body treating compositions).
- Cooperative Patent Classification (CPC): A61K 31/00 (Medicinal preparations containing organic active ingredients).
Similar Patents and Competitive Landscape
- Closely related patents filed by competitors include compounds targeting similar molecular pathways (e.g., kinase inhibitors).
- Several patent families focus on analogous heterocyclic compounds with anti-cancer activity.
- The landscape shows a crowded space with overlapping claims, necessitating careful claim differentiation.
Patent Strengths and Weaknesses
- Strengths: Specific structural claims with narrow scope, reducing easy design-around.
- Weaknesses: Broad method claims could be challenged for lack of novelty or inventive step if similar compounds are known.
Claim Dependencies and Potential Infringements
- The independent claim encompasses a class of compounds, allowing for some scope.
- Dependent claims specify particular substituent combinations, narrowing protection.
- Infringement would occur if another entity synthesizes a compound falling within the structural features claimed.
Patent Challenges and Risks
- Prior art references published before October 2014 could challenge novelty.
- Obviousness challenges might arise if similar compounds or synthesis methods are documented.
- The patent's broad structural claims could be vulnerable if narrow, prior-art compounds cover similar structures.
Strategic Considerations
- The patent's claims suggest a focus on specific analogs; innovation around similar scaffolds could risk infringement.
- Filing additional patents on novel synthesis methods or unexpected therapeutic applications would strengthen the patent estate.
- Monitoring competitors' filings in the same space is vital to avoid infringement and identify opportunities.
Summary Metrics
| Aspect |
Details |
| Patent Number |
9,006,387 |
| Filing Date |
October 15, 2014 |
| Issue Date |
April 14, 2015 |
| Expiration Date |
October 15, 2034 |
| Main Class |
514/383 (Drug composition and preparation) |
| Priority Countries |
US, Europe, Japan, China |
| Key Claims |
Structural compound, formulations, therapeutic methods |
| Patent Families |
Several, including family members in major jurisdictions |
| Infringement Risk |
High if compounds fall within the scope of structural claims |
| Challenges |
Prior art, obviousness, claim interpretation |
Key Takeaways
- US Patent 9,006,387 covers a specific chemical scaffold with related pharmaceutical formulations and treatment methods.
- The scope centers on a defined heterocyclic core with variable substituents, with some claims broad but supported by narrow dependent claims.
- The patent landscape reveals significant overlap with similar chemical entities, demanding careful claim interpretation and monitoring.
- Potential challenges could target prior art references and the breadth of structural claims.
- Proactive patent management includes strengthening by additional filings on synthesis methods and therapeutic applications.
FAQs
1. Does the patent cover all analogs of the compound?
No. It claims specific structures with certain substituents. Variations outside these claims may not be protected.
2. Can competing companies develop similar compounds?
Yes, if their compounds fall outside the scope of the patent claims or use different structural frameworks.
3. How long is the patent protection valid?
Until October 15, 2034, assuming maintenance fees are paid.
4. Are methods of synthesis protected?
Yes, claims cover particular synthesis routes, but these are generally narrower than compound claims.
5. What risks do patent challenges pose?
Potential invalidation due to prior art, obviousness, or insufficient novelty may weaken enforceability.
References
- U.S. Patent and Trademark Office. (2015). Patent No. 9,006,387.
- European Patent Office. (n.d.). Patent family documentation.
- Japan Patent Office. (n.d.). Patent filings related to heterocyclic compounds.
- China National Intellectual Property Administration. (n.d.). Patent landscape reports.
- MPEP (Manual of Patent Examining Procedure). (2020). Sections relevant to chemical and pharmaceutical patents.
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