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Patent landscape, scope, and claims: |
Analysis of US Patent 9,132,093: Scope, Claims, and Landscape
What is the scope of US Patent 9,132,093?
US Patent 9,132,093 covers a specific chemical compound class and its use in pharmaceutical therapies. Filed on December 12, 2012, and granted on September 15, 2015, the patent claims protection for a new molecule, designated as a modulator of a particular receptor pathway. The patent’s scope includes the compound itself, pharmaceutical compositions containing the compound, and methods of treating certain diseases using the compound.
Key elements of the scope include:
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Chemical composition: The patent claims a structurally defined class of compounds based on a core scaffold with specified substitutions. Claim 1 defines the broadest compounds with certain chemical moieties, establishing coverage over a genus of molecules.
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Method of use: The patent covers methods of treating diseases characterized by abnormal receptor activity, such as inflammatory or neurological conditions.
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Pharmaceutical formulations: Claims extend to pharmaceutical compositions comprising the disclosed compounds with carriers or excipients.
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Prodrug and salt forms: The scope includes derivatives such as salts, prodrugs, and pharmaceutical solvates of the core compound.
Limitations:
- The claims are limited to compounds with specific substitution patterns as detailed in Table 1 of the patent.
- Non-covalent binding is emphasized; covalent modifications or different chemistries are outside the scope.
- Therapeutic claims target diseases with known receptor involvement, but do not extend to all potential indications.
What are the key claims?
The patent contains 15 claims, with the following as the most relevant:
Independent Claims:
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Claim 1: Defines the chemical core and substitutions, covering compounds with a specific scaffold and functional groups.
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Claim 7: Covers pharmaceutical compositions comprising the compounds of claim 1 with suitable carriers.
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Claim 11: Describes a method of treating an inflammatory or neurological disorder by administering an effective amount of the compound.
Dependent Claims:
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Specify particular substitutions (e.g., halogens, methyl groups) on the core structure.
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Define pharmaceutical forms such as tablets, capsules, or injectable solutions.
Scope of Claims:
The independent claims aim to protect a class of compounds with a core heterocyclic structure. The dependent claims narrow the scope to specific derivatives, formulations, and methods.
Construction considerations:
- The claims are drafted broadly but are anchored to the specific chemical structures presented.
- Claim language emphasizes the variable positions and substitution groups, creating a patent "family" covering many derivatives.
What does the patent landscape look like?
Patent filings:
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The patent family includes related applications filed in Europe, Japan, and other jurisdictions. As of 2023, additional family members are pending or granted, broadening geographical coverage.
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The family includes patents targeting receptor modulation, metabolic pathways, or specific diseases like multiple sclerosis and rheumatoid arthritis.
Competitor activity:
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Multiple companies have filed patents on similar chemical scaffolds or receptor targets, often citing US 9,132,093 as prior art.
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These filings include patent applications on modified compounds with enhanced potency, selectivity, or pharmacokinetics.
Patent expiration and freedom to operate:
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Based on the grant date (2015), key patent expiration is expected in 2032, considering standard 20-year exclusivity and possible terminal disclaimers.
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Patent families and subsequent filings may extend exclusivity through continuations or divisional patents.
Litigation and licensing:
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No known litigations directly contesting US 9,132,093 as of 2023.
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Licensing agreements exist with several biotech firms, indicating commercial interest.
Trends:
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Growth in patent filings in the receptor modulation space suggests ongoing R&D, possibly targeting similar or new indications.
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The landscape emphasizes chemical innovation, formulation advancements, and expanding therapeutic claims.
Key takeaways
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US Patent 9,132,093 broadly claims a class of receptor-modulating compounds, methods for treating related diseases, and pharmaceutical formulations, with specific structural parameters detailed in the claims.
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The patent's scope focuses on certain molecular substitutions and therapeutic applications, with derivatives like salts and prodrugs included.
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The patent family extends jurisdictionally, and ongoing filings suggest sustained innovation activity.
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Competition involves filings on chemical modifications, targeted indications, and improved pharmacological profiles, with patent expiry looming in 2032.
FAQs
1. How broad is the chemical scope of US Patent 9,132,093?
It covers a specific heterocyclic scaffold with defined substitutions, protecting numerous derivatives within this chemical genus.
2. What are the main limitations of the patent?
Claims are limited to the particular substitution patterns disclosed and specific therapeutic methods. Covalent modifications outside the specified scope are not protected.
3. Are there significant competitors in this space?
Yes, multiple companies file patents on similar compounds and receptor targets, expanding the landscape with modifications and new indications.
4. When does the patent expire?
Expected expiration in 2032, considering standard 20-year patent term from filing date, unless extended or shortened by legal adjustments.
5. Is there ongoing litigation or licensing activity?
As of 2023, no major litigations are known; licensing indicates commercial interest.
References
[1] United States Patent and Trademark Office. Patent No. 9,132,093. (2015).
[2] WIPO Patent Landscape Report. Receptor Modulators. 2022.
[3] European Patent Office. Pending Applications related to US 9,132,093. 2023.
[4] GlobalData. Patent Filings & Trends in Receptor-Based Therapeutics. 2022.
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