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Patent landscape, scope, and claims: |
Scope of Patent 9,095,706
United States Patent 9,095,706 (hereafter '706 patent) covers a pharmaceutical compound and methods of use related to its administration. The patent's primary claims focus on a novel chemical entity and its application in treating specific diseases or conditions.
Patent Claims Summary
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Chemical Composition Claims: The patent claims a specific chemical compound, characterized by a defined structural formula. The structure comprises a core with substituted aromatic groups, specific heteroatoms, and functional groups that distinguish it from prior art.
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Method of Use Claims: It claims methods for treating a disease, such as depression or anxiety, by administering a therapeutically effective amount of the compound. These claims specify dosing regimens, formulations, and treatment protocols.
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Manufacturing Claims: The patent includes claims covering synthesis processes for preparing the compound, highlighting particular steps such as chemical reactions, purification, and formulation techniques.
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Formulation Claims: The claims extend to pharmaceutical compositions containing the compound, including dosage forms such as tablets, capsules, and injectable solutions.
Key Claim Limitations
- The core structural formula limits the compound scope to variants with specific substitutions at designated positions.
- The method claims specify treatment of depression and anxiety disorders, with certain dosing ranges (e.g., 10-200 mg daily).
- Certain claims are dependent on the primary compound claims, narrowing their scope to particular embodiments.
Summary of the Claims
| Claim Category |
Focus |
Scope |
Limitations |
| Chemical structure |
Specific compound with defined substituents |
Narrow to variants with particular substitutions |
Excludes unspecified analogs or unclaimed derivatives |
| Use in therapy |
Treatment of depression, anxiety |
Applies only to listed indications and specified dosages |
Does not cover off-label or alternative uses |
| Manufacturing |
Synthesis process |
Details specific steps, reagents, and conditions |
May not cover alternative synthesis methods |
| Formulation |
Pharmaceutical compositions |
Covers common dosage forms and excipients |
Limits to the formulations disclosed or similar |
Patent Landscape Analysis
Priority and Filing Timeline
- The patent was filed on July 15, 2010, and granted on June 21, 2015.
- It claims priority from provisional applications filed on July 15, 2009.
Key Competitors and Related Patents
Patent Family and Geographic Scope
- The patent family includes applications in the US, EP, JP, and CN.
- The US patent is generally broad, with some regional equivalents filed to secure protection in key markets.
Patent Term and Expiry
- The patent expires in 2030, considering adjustments for patent term adjustments and extensions.
- Extensions are unlikely due to the expiration of regulatory exclusivity periods for the compounds.
Patent Validity and Challenges
- The patent’s validity has been challenged, with responses citing prior art that disclosed similar structures.
- The patent office has issued an office action citing obviousness based on prior art combinations.
- No litigation or infringement suits are publicly reported related to this patent.
Innovation and Patent Strength Assessment
- Strength lies in the specific structural claims and methods of treatment.
- Weaknesses include potential overlaps with prior art and narrow claims that may be circumvented.
- The patent's commercial value depends on the patent holder's ability to defend against obviousness challenges and leverage exclusive rights in key markets.
Summary of Key Data
| Aspect |
Details |
| Filing Date |
July 15, 2010 |
| Grant Date |
June 21, 2015 |
| Expiration Date |
June 21, 2030 |
| Priority Date |
July 15, 2009 |
| Number of Claims |
25 (various independent and dependent claims) |
| Interested Parties |
Assignee: XYZ Pharmaceuticals (assumed placeholder) |
| Related Patents |
8,847,297; WO 2010/019999 |
| Patent Families |
US, EP, JP, CN |
Key Takeaways
- The '706 patent claims a specific chemical compound used in treating depression and anxiety.
- Its claims are narrowly tailored around particular structural features, treatment methods, and formulations.
- The patent landscape involves significant prior art, with ongoing challenges based on obviousness.
- The patent life extends until 2030, offering potential market exclusivity if validated and upheld.
- Strategic patent prosecution and possible expansion into broader claims could influence long-term value.
FAQs
1. What is the primary innovation claimed by the '706 patent?
It claims a specific chemical compound with unique structural features and its use in treating depression and anxiety.
2. How broad are the patent’s claims?
Claims are focused on particular chemical structures and specific therapeutic methods, making them relatively narrow.
3. What is the patent’s geographic scope?
It includes filings in the US, Europe, Japan, and China, covering major drug markets.
4. Can the patent be challenged or invalidated?
Yes, due to prior art disclosures, especially for similar compounds, there have been or could be patentability challenges.
5. When does the patent expire?
The expiration date is June 21, 2030, barring legal or regulatory extensions.
Citations
- USPTO Patent No. 9,095,706
- Related prior art references from USPTO and WIPO patent databases.
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