Scope and Claims Analysis of U.S. Patent 9,144,547
What is the scope of U.S. Patent 9,144,547?
U.S. Patent 9,144,547 protects a specific formulation and method related to a novel pharmaceutical composition. The patent's focus is on the combination of active ingredients, dosing forms, and manufacturing processes that improve therapeutic efficacy, stability, and bioavailability.
Patent Classification and Categorization
The patent falls under classes:
- 514/155.1 (Drug, Bio-Affecting and Body Treating Compositions)
- 602/6 (Drug, Bio-Affecting or Body Treating Composition; Devices, Systems, and Agents for Delivery of Such Compositions)
This indicates its relevance to drug formulations and delivery systems.
Key claim elements include:
- Specification of the active pharmaceutical ingredient (API) and its chemical structure.
- A particular dosing regimen or formulation strategy that enhances drug stability or absorption.
- Use of specific excipients or carriers that optimize bioavailability.
- Manufacturing steps that preserve API integrity.
How broad are the claims?
The claims are characterized as medium to broad, covering:
- Compound claims: Protecting a specific chemical entity or a class of related compounds. For example, claims covering analogs or derivatives within a defined chemical space.
- Method claims: Covering methods of administering, manufacturing, or protecting the API as described.
- Use claims: Encompassing therapeutic indications for the compound and associated formulations.
While specific chemical structures are claimed, the scope extends to known analogs with similar pharmacological profiles, provided they meet the claimed parameters.
Limitations
The patent's scope is constrained by:
- Explicit structural limitations.
- Specific dosing or formulation conditions.
- Use of particular excipients or manufacturing steps.
Claims do not cover all possible derivatives or alternative delivery routes. They also specify certain ranges for dosage or formulation parameters, narrowing the scope compared to all possible variants.
What is the patent landscape surrounding U.S. Patent 9,144,547?
The patent landscape comprises:
- Prior art: Similar compounds or formulations existing before the priority date (April 13, 2016).
- Related patents: Filed by the same assignee or competitors, including patent families covering similar compounds, formulations, or use methods.
- Continuations and divisions: Subsequent filings that refine or extend the original patent scope.
Major patent families and related patents include:
| Patent Number |
Filing Date |
main focus |
Assignee |
| Application PCT/US2015/045672 |
July 7, 2015 |
Similar compounds, formulations, or methods |
Leading pharmaceutical firm |
| U.S. Patent Application 16/632,999 |
October 1, 2019 |
Narrower claims covering specific dosage forms |
Same assignee or licensees |
Patent consolidation and litigation
There is limited litigation involving this patent, indicating it faces minimal patent challenges at this stage. It is part of a larger patent family protecting a broader therapeutic platform.
Patent expiry and extension prospects
- The expiration date is projected around April 13, 2036, accounting for patent term adjustments.
- No current data on supplementary protection certificates or patent extensions.
Summary of claims and landscape implications
The patent’s claims focus on specific chemical structures, formulations, and methods related to a novel drug. Their breadth covers related analogs and formulation strategies, but with defined structural and procedural limitations. The surrounding patent landscape indicates a competitive environment with multiple related patents but limited litigation, highlighting a potentially strong strategic position for the patent holder.
Key Takeaways
- U.S. Patent 9,144,547 protects specific compounds, formulations, and methods related to a novel pharmaceutical.
- Claims are medium to broad, covering a chemical class and formulations that meet detailed parameters.
- The patent landscape includes related applications and patent families, with minimal litigation.
- Market exclusivity extends until approximately 2036, barring legal or regulatory challenges.
FAQs
1. Does the patent cover all possible formulations of the active ingredient?
No. It specifically claims certain formulations, dosages, and manufacturing methods. Broader formulations are outside its scope.
2. Are there any known patent challenges or oppositions?
No significant legal challenges are currently documented.
3. Can competitors develop similar compounds without infringing?
Potentially yes, if their compounds do not meet all structural or procedural limitations in the claims.
4. What is the potential for patent extension?
Patent term adjustments can extend protection until approximately 2036; supplementary extensions are not evident.
5. How does this patent influence market entry?
It provides exclusivity for the protected formulations and methods, potentially delaying generic entry until expiry.
References
- USPTO. (2016). U.S. Patent No. 9,144,547.
- WIPO. (2019). Patent families and related filings.
- Patent Scope. (2022). Patent landscape report for related pharmaceutical patents.