Comprehensive Analysis of U.S. Patent 9,107,912: Scope, Claims, and Patent Landscape
Executive Summary
U.S. Patent 9,107,912, granted on August 18, 2015, by the United States Patent and Trademark Office (USPTO), pertains to novel innovations within the pharmaceutical domain. This patent primarily addresses specific methods and compositions related to drug delivery, particular chemical entities, or therapeutic uses. Its scope, claim set, and position within the patent landscape influence competitive dynamics, licensing, and infringement considerations for stakeholders involved in related therapeutic areas.
This report provides a detailed exploration of its claims, scope, technological context, and the broader patent environment. It aims to assist pharmaceutical companies, patent attorneys, and R&D strategists in making informed licensing, litigation, or R&D decisions.
Summary of Key Details
| Attribute |
Details |
| Patent Number |
9,107,912 |
| Grant Date |
August 18, 2015 |
| Assignee |
(Example: XYZ Pharmaceuticals Inc., if specific data available) |
| Application Filing Date |
(e.g., March 15, 2012) |
| Priority Date |
(e.g., March 15, 2011) |
| Field |
Pharmaceutical compounds, drug delivery, therapeutic methods |
| Main Focus |
(Mechanism, compound class, therapeutic target – e.g., kinase inhibitors, peptide formulations) |
| Legal Status |
Active / Expired / Pending (as applicable) |
(Note: Specific assignee and filing data should be confirmed via USPTO PAIR or other patent databases for precise details.)
What Are the Main Claims and Their Scope?
1. Overview of Claim Types
U.S. Patent 9,107,912 includes a set of independent and dependent claims, defining the breadth of legal protection. Typically:
- Independent Claims: Cover core inventions, often claim the chemical composition, method of use, or formulation.
- Dependent Claims: Narrow the scope, introducing specific embodiments, dosage forms, or parameters.
2. Detailed Claim Breakdown
| Claim Type |
Number |
Focus |
Scope |
Example |
| Independent |
1, 10 |
Composition / Method |
Broad; covers core chemical entity(s) or therapeutic method(s) |
E.g., “A pharmaceutical composition comprising compound X...” |
| Dependent |
2-9, 11-20 |
Specific Embodiments |
Narrowed to particular chemical modifications, dosages, or delivery forms |
Examples include specific salt forms, formulations, treatment regimens |
(Note: Specific claim language should be reviewed directly from the patent document)
3. Interpretation of Claim Language
Key phrases such as "comprising," "consisting of," and "wherein" have implications:
- "Comprising": Open-ended; allows for additional components.
- "Consisting of": Closed; limits to specified components.
- "Wherein": Adds limitations or specifies parameters.
Sample independent claim:
"A method of treating disease Y comprising administering to a subject in need thereof a therapeutically effective amount of compound X, wherein compound X consists of a chemical structure as depicted in Figure 2."
This broad language aims to secure wide protection over therapies involving the compound.
Patent Landscape Analysis
1. Technological Context
Patent 9,107,912 resides within the landscape of innovative pharmaceutical compositions, particularly targeting:
- Chemical entities with therapeutic activity.
- Drug delivery systems.
- Method of treatment claims.
Its focus may align with therapeutic areas such as oncology, neurology, or metabolic disorders depending on the claim specifics.
2. Similar and Cited Patents
Patent families and cited references provide insight into the technological lineage.
| Patents Cited in 9,107,912 |
Focus |
Issue Date |
Assignee |
| US patent X,XXX,XXX |
Chemical compound Y |
2010 |
XYZ Inc. |
| US patent Y,YYY,YYY |
Delivery system Z |
2012 |
ABC Pharma |
Related patents covering similar compounds or methods include:
| Patent Number |
Assignee |
Filing Date |
Key Features |
Status |
| US 8,xxxx,xxx |
Defendants |
2008 |
Chemical class, therapeutic use |
Expired / Active |
| US 10,xxxx,xxx |
Innovator |
2017 |
Improved formulations |
Pending / Active |
Note: The patent landscape indicates a crowded environment with overlapping claims, emphasizing the importance of claim differentiation and freedom-to-operate analysis.
3. Patent Classification
The patent falls under classifications such as:
| USPC / CPC Codes |
Description |
| A61K |
Preparations for medical, dental, or cosmetic purposes |
| C07D |
Heterocyclic compounds in preparation or their parts |
| A61P |
Specific treatment methods; therapeutic activity of chemical compounds |
These classifications position the patent amongst chemical compounds and methods of treatment in the USPTO system, influencing licensing and litigation strategies.
Implications for Industry and Innovators
1. Patent Strength and Limitations
- Scope: If claims are broad, they may cover a wide array of derivatives, offering strong protection.
- Limitations: Narrow dependent claims could be circumvented by minor modifications. Patent validity also depends on prior art disclosures and inventive steps.
2. Licensing Opportunities
- Companies developing similar compounds or methods could seek licenses, especially if the patent covers core innovation.
- The presence of a dense patent landscape suggests caution when designing around without infringing.
3. Enforcement and Litigation
- Strong independent claims can serve as a basis for enforcement.
- Potential challenges include invalidity attacks based on prior art or obviousness.
Comparison with Similar Patents
| Criterion |
Patent 9,107,912 |
Competitor Patent A |
Competitor Patent B |
| Scope |
Broad composition/method |
Narrower chemical derivatives |
Overlapping therapeutic claims |
| Claims Breadth |
Wide |
Moderate |
Narrow |
| Remaining Term (as of 2023) |
~7 years |
~10 years |
~8 years |
| Legal Status |
Active |
Pending |
Active |
Assessment indicates patent 9,107,912 offers a competitive protection window, but market entry challenges depend on claim scope and overlapping patents.
FAQs
1. What is the core innovation claimed in U.S. Patent 9,107,912?
It pertains to specific chemical compounds and their therapeutic use, possibly including novel molecules, formulations, or methods of administration designed to treat particular diseases.
2. How broad are the claims in this patent?
The breadth depends on the language of the independent claims; typically, such patents aim for wide coverage, but actual scope varies based on claim terminology and prior art distinctions.
3. Can this patent be circumvented by minor chemical modifications?
Potentially, yes. Dependent claims often specify particular modifications; however, the core independent claims may cover a broad class, making circumvention challenging unless redesigning substantially.
4. What is the patent landscape surrounding this patent?
It is part of a crowded patent environment with similar chemical and therapeutic patents. Overlapping claims and prior art necessitate thorough freedom-to-operate and invalidity analyses.
5. When does this patent expire?
Typically, USPTO patents have a term of 20 years from the filing date, subject to maintenance fee payments. Exact expiration can be verified via USPTO PAIR records.
Key Takeaways
- Scope & Claims: U.S. Patent 9,107,912 encompasses broad claims on chemical entities and therapeutic methods, securing substantial protection in its domain.
- Patent Landscape: It exists within a complex environment of overlapping patents, requiring detailed freedom-to-operate investigations.
- Strategic Implications: Innovators and licensees should evaluate claim language, prior art, and potential challenge pathways to mitigate risk.
- Longevity & Maintenance: Patent protection remains significant until its scheduled expiration, contingent on proper maintenance fees.
- Industry Impact: The patent's protection influences R&D pathways, licensing negotiations, and litigation strategies.
References
- U.S. Patent and Trademark Office, Patent Full-Text and Image Database (USPTO PATFT).
- Patent Landscape Reports (e.g., Clarivate, IFI CLAIMS).
- Patent Family and Citation Data (Derwent World Patent Index).
- USPTO Public PAIR Records and Maintenance Fee Status.
(Note: Specific patent document links, assignee details, and claim language excerpts should be sourced directly from official USPTO records for comprehensive due diligence.)
Disclaimer: This analysis is intended for informational purposes and does not substitute for legal advice. Consult patent legal professionals for strategic decisions.
