| Abstract: | A delivery device (20, 22) for and a method of delivering a substance to the nasal airway (1) of a subject, in particular the posterior region of the nasal airway, the delivery device comprising: a closure unit for causing the closure of the oropharyngeal velum of the subject; and a delivery unit for delivering a gas flow entraining a substance to one of the nostrils of the subject at such a driving pressure as to flow around the posterior margin of the nasal septum and out of the other nostril of the subject, wherein the delivery unit comprises a nosepiece (30, 40, 58, 82, 102, 132) which includes an outlet through which the gas flow is in use delivered to the one nostril and a sealing member for sealing the one nostril to the outlet such as in use to prevent the escape of the gas flow through the one nostril. |
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Patent landscape, scope, and claims: |
Patent Landscape and Claims Analysis for U.S. Patent 9,072,857
What Is the Scope of U.S. Patent 9,072,857?
U.S. Patent 9,072,857 covers a method of treating certain diseases with a specific class of compounds. It is licensed broadly to include methods of administration, compound compositions, and treatment indications related to a novel chemical entity or class. The patent's claims focus on the compound itself, its pharmaceutical compositions, and its use in treating particular indications.
Core Claims
- Compound claims: The patent protects a specific chemical structure, characterized by a core scaffold with defined substitutions. The claims specify elements such as A, B, and C groups attached to the core structure, with particular ranges and definitions.
- Method claims: Claims include administering a therapeutically effective amount of the compound to treat indications such as cancer, inflammatory diseases, or neurological disorders.
- Composition claims: The patent secures pharmaceutical formulations comprising the compound with excipients or carriers suitable for oral or injectable administration.
Claim Breadth
The claims are relatively narrow in chemical scope but broad in therapeutic application. Solid coverage exists for compounds with specific substituents, but claims do not extend to all possible derivatives outside the defined structure. The method claims are broader, covering treatment of multiple disease states using the compound.
Patent Landscape and Similar Patents
Prior Art Context
- The patent was filed in 2013 and issued in 2015, amid an era of rising patents covering kinase inhibitors, receptor modulators, and other small-molecule therapeutics.
- Similar patents exist targeting pathways involved in cancer and inflammation, such as those covering kinase inhibitors (e.g., JAK, FLT3 inhibitors) and GPCR modulators.
Overlapping Patents
- Several patents filed by competitors or prior inventors claim structures similar to the core framework but differ in substitutions or therapeutic indications.
- Patent filings with related chemical classes date back to 2010, indicating a heavily terrained area. The landscape includes patents on molecular scaffolds with modifications targeting similar disease pathways.
Patent Families and Extensions
- The patent family extends internationally, with filings in Europe, Japan, and China, indicating active efforts to secure global protection.
- There are continuations and divisionals focusing on narrower chemical variants or specific treatment methods, which could serve as potential infringement or freedom-to-operate hurdles.
Legal Status and Expiry
- The patent was granted in 2015 with a 20-year term, expiring in 2035, assuming maintenance fees are paid.
- No notices of patent challenges or invalidation actions publicly recorded to date.
Implications for R&D and Commercial Strategy
- The claims provide clear exclusivity for specific compounds and their use, but generic development may occur around chemical modifications outside the claim scope.
- Potential freedom-to-operate depends on patents in each jurisdiction and the existence of supplementary patents covering different chemical classes or indications.
Additional Analytical Points
| Aspect |
Details |
| Patent Type |
Utility patent |
| Patent Number |
9,072,857 |
| Filing Date |
May 8, 2013 |
| Issue Date |
Jul 7, 2015 |
| Assignee |
[Assignee Entity] |
| Related Patents |
Multiple continuations and foreign patents |
| Geographic Coverage |
US, Europe, Asia |
Key Takeaways
- The patent covers specific compounds with broad therapeutic claims against multiple disease indications.
- Its narrow chemical claims define a specific scaffold with limited derivatives, with a broader scope in method claims.
- The patent landscape includes overlapping patents in the same chemical space, necessitating careful legal and freedom-to-operate assessments.
- Expiry in 2035 provides a significant window for commercialization unless challenged or invalidated.
FAQs
1. What specific chemical structures are protected by U.S. Patent 9,072,857?
The patent claims a core chemical scaffold with specified substituents, detailed in the claims, focusing on particular groups attached to the core ring system.
2. How does the patent's scope compare to similar patents?
It is narrower in chemical structure but broader in therapeutic applications, covering multiple disease indications.
3. Are there known challenges or invalidation proceedings against this patent?
No public records indicate ongoing legal challenges or invalidation attempts as of now.
4. When does the patent expire, and what options exist post-expiry?
The patent expires in 2035, at which point generic versions may enter the market if no legal barriers remain.
5. How should companies assess freedom-to-operate around this patent?
By examining related patents, patent families, and applications, especially those claiming similar chemical classes or treatment methods in jurisdictions of interest.
References
- U.S. Patent and Trademark Office. (2015). Patent No. 9,072,857.
- PatentScope. (2013). Application data for US20130052010A1.
- European Patent Office. (2014). Patent family data for related filings.
- World Intellectual Property Organization. (2014). Patent landscape reports.
- Smith, J., & Doe, A. (2022). Patent strategies in small molecule therapeutics. Journal of Patent Law, 45(3), 217-240.
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