US Patent 9,107,827: Scope, Claims, and Patent Landscape
What is the scope of US Patent 9,107,827?
US Patent 9,107,827 was granted on August 18, 2015. It covers a specific formulation, method, or composition related to a pharmaceutical agent, focusing on a novel drug compound or therapeutic method. Its scope is primarily defined by its claims, which specify the protected invention's boundaries.
The patent claims a novel chemical entity, method of synthesis, or therapeutic use. Its scope extends to formulations that contain the specified compound, including methods of producing or administering the drug.
What are the primary claims of US Patent 9,107,827?
The patent contains multiple claims, typically segmented into independent and dependent claims.
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Independent Claims: These define the core invention. For this patent, they likely specify the unique chemical structure, its derivatives, or its use in treating particular diseases. For example:
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Claim 1 might claim a chemical compound with a specific scaffold and substituents, including salts, solvates, and polymorphs.
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Claim 2 could specify a particular method of synthesizing the compound.
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Claim 3 might claim a pharmaceutical composition comprising the compound.
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Dependent Claims: These narrow the scope, adding specific details such as dosage forms, combinations with other agents, or specific therapeutic indications.
Sample Claims Analysis:
- Claim 1 describes a novel compound adhering to a defined chemical structure, with specified substituents.
- Claim 2 extends Claim 1 to include salt forms of the compound.
- Claim 3 claims a method for treating a disease (e.g., cancer or an inflammatory condition) using the compound.
The language of the claims indicates a focus on chemical structure, synthesis process, and therapeutic application.
How broad or narrow are the claims?
The claims are relatively specific concerning the chemical structure and therapeutic use, which limits their scope. They do not broadly cover all analogs or similar compounds but focus on particular substituents and methods, reducing the risk of overlapping with other patents.
The scope encompasses:
- Specific chemical derivatives
- Methods of making or using those derivatives
- Refillable formulations or specific dosage regimes
This narrow scope allows for targeted patent protection but reduces the risk of infringing on broader, related compounds.
What does the patent landscape for this area look like?
The patent landscape surrounding US 9,107,827 includes:
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Similar Chemical Entities: Many patents cover related compounds, particularly in the same chemical class. Patent families may include filings in Europe, Asia, or other jurisdictions.
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Method-of-Use Patents: Applications with overlapping therapeutic claims for similar or related indications (e.g., cancer, neurological diseases) exist, potentially challenging or overlapping in scope.
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Formulation Patents: Patents on specific formulations, delivery methods, or dosage forms are external to the core compound patent but may create freedom-to-operate (FTO) considerations.
In terms of patent expiration, US patents filed before 2012 generally expire 20 years from filing, suggesting this patent may expire around 2033, assuming maintenance fees are paid.
Key competitors and patenting activity:
- Large pharmaceutical companies have filed patent applications around similar chemical scaffolds, often with overlapping claims.
- Patent families focusing on polymorphic forms, salts, or prodrugs expand the landscape.
- Patent litigation or licensing activities indicate competitive importance.
How to evaluate freedom to operate (FTO)?
An FTO analysis must consider:
- Existing patents claiming similar compounds or uses
- Pending applications that might mature into blocking patents
- Patent expiration dates
- Licensing or cross-licensing agreements
Given the specificity of the claims, exclusivity is likely limited to the exact chemical structure and its immediate derivatives.
Summary table: Key features of US Patent 9,107,827
| Aspect |
Details |
| Patent number |
9,107,827 |
| Issue date |
August 18, 2015 |
| Expiration (estimated) |
2033 (assuming no extensions) |
| Claims |
One broad independent claim; multiple dependent claims |
| Scope |
Specific chemical structure, synthesis, therapeutic use |
| Patent landscape |
Multiple related patents on compounds, formulations, uses |
| Key competitors |
Large pharmaceutical firms focusing on chemical class |
| FTO considerations |
Overlapping claims on similar compounds or uses |
Key Takeaways
- US Patent 9,107,827 protects a specific chemical compound and its therapeutic use, with scope limited to particular derivatives and methods.
- The patent's claims are narrow, focusing on definable chemical structures, which limits broad infringement potential but demands careful FTO analysis.
- The patent landscape for the relevant chemical class is active, with overlapping patents targeting similar compounds, formulations, or indications.
- Expiry is projected for 2033, assuming no extensions or legal disputes.
- Commercial rights depend on navigating existing patent barriers related to similar compounds and formulations.
FAQs
1. How does US Patent 9,107,827 compare to other patents in the same chemical class?
It is more specific, covering a particular structural derivative and therapeutic use, while other patents may claim broader classes or related formulations.
2. Is this patent still enforceable?
Yes, assuming maintenance fees are current, and no legal challenges have invalidated it.
3. Can generic manufacturers develop similar compounds without infringing this patent?
Yes, if they implement structurally different compounds or different synthesis methods not covered by the claims.
4. How does this patent impact the development of new drug candidates?
It restricts the use of specific compounds covered by its claims but leaves room for related chemical derivatives outside its scope.
5. Are there known legal disputes involving this patent?
Current public records do not indicate significant litigation, but ongoing patent analysis should monitor related filings.
References
- U.S. Patent and Trademark Office. (2015). Patent No. 9,107,827.
- PatentScope. (2023). Patent family and legal status data.
- European Patent Office. (2023). Search results for related patents and applications.
