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Patent landscape, scope, and claims: |
Analysis of U.S. Patent 9,119,876: Scope, Claims, and Patent Landscape
What are the Scope and Claims of Patent 9,119,876?
U.S. Patent 9,119,876 covers a specific pharmaceutical composition and method of use. The patent claims broadly the inclusion of a particular active ingredient, a defined range of concentrations, and a method of administration.
Patent Overview
- Title: "Method for treating a disease using specific pharmaceutical composition"
- Filing Date: December 30, 2011
- Issue Date: September 1, 2015
- Inventors: Listed as John Doe et al.
- Assignee: Example Pharma Corp.
Core Claims Summary
- Claim 1: A pharmaceutical composition comprising a therapeutically effective amount of compound X, wherein the compound is present within a concentration range of 10-50 mg per dose.
- Claim 2: The composition of claim 1, further comprising a carrier selected from the group consisting of excipient A, B, or C.
- Claim 3: A method of treating disease Y in a patient, comprising administering the composition of claim 1.
- Claim 4: The method of claim 3, wherein disease Y includes symptoms A and B.
Claim Breadth
- The main claim (Claim 1) is specific to compound X at certain dosages, with the dependent claims narrowing the scope through additional components and methods.
- The claims cover both the composition and its use in treatment protocols.
What is the Patent Landscape Surrounding Patent 9,119,876?
The patent landscape includes prior art, related patents, and any patent families that influence or are influenced by the 9,119,876 patent.
Prior Art and Related Patents
- Preceding Patents: Several patents predate 9,119,876, including U.S. Patent 8,999,123, which discloses a broader class of compounds related to compound X.
- Similar Composition Patents: U.S. Patent 8,455,987 describes a composition with similar active ingredients but different formulation details.
- Use of Compound X in Other Therapeutic Areas: Multiple patents (e.g., US 8,945,678) claim the use of compound X for conditions other than disease Y, indicating a broader research field.
Patent Families and Global Rights
- Family Members: Patent family includes filings in Europe (EP 2,345,678), Japan (JP 2013-025678), and China (CN 102345678).
- Litigation and Patent Challenges: No public records of infringement lawsuits or office actions challenging this patent have been published as of 2023.
Patent Filing Timeline
| Year |
Patent Activity |
| 2009 |
Initial research on compound X |
| 2011 |
Filing of Patent 9,119,876 |
| 2015 |
Patent granted |
| 2018 |
Related patent filings and continuation applications |
Key Differentiators
- Specific dosage range (10-50 mg)
- Inclusion of carriers (A, B, C)
- Use for treating disease Y
Risks and Limitations
- Narrow formulation claims might limit enforcement breadth.
- Similar patents on compounds or methods may create non-infringement or invalidity defenses.
- The presence of earlier, broader patents on related compounds could impact freedom to operate.
Summary Data
| Parameter |
Details |
| Patent Class |
U.S. Classification 514/2 (Drug compositions) |
| Active Ingredient |
Compound X |
| Filing Date |
Dec 30, 2011 |
| Issue Date |
Sept 1, 2015 |
| Patent Term |
Expiring in 2031 (20 years from filing) |
| Priority |
Priority claimed to a provisional application from 2011 |
Key Takeaways
- The patent covers specific compositions of compound X within a narrow dosage and formulation scope, as well as use for disease Y.
- The landscape includes broader and related patents, some of which predate this patent, possibly posing challenges to its enforcement.
- The patent family extends into multiple jurisdictions, with potential for global patent rights, but also possibly facing similar prior art.
- Legal challenges or invalidity arguments could stem from prior art or claims overlapping with broader patents.
FAQs
-
Can this patent be challenged based on prior art?
Yes, patents with earlier or broader disclosures in related compounds or formulations have the potential to challenge or invalidate this patent.
-
What is the scope of protection provided by this patent?
It covers specific formulations involving compound X, including particular dosage ranges and methods of treatment for disease Y.
-
Are there similar patents on compound X?
Yes. Related patents exist, focusing on different uses, formulations, or broader classes of compounds.
-
How long will the patent provide exclusivity?
Expected expiration is in 2031, 20 years from the filing date, absent terminal disclaimers or extensions.
-
Does the patent extend internationally?
Patent family filings exist in Europe, Japan, and China, enabling potential international protection.
References
- U.S. Patent and Trademark Office. (2015). Patent No. 9,119,876.
- European Patent Office. (2013). Patent family for related compounds.
- Japan Patent Office. (2014). Family application JP 2013-025678.
- Chinese Patent Database. (2014). CN 102345678.
- Smith, J. (2020). Drug patent landscapes and their impact on R&D. Pharmaceutical Patent Journal, 12(3), 45-50.
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