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Patent landscape, scope, and claims: |
Comprehensive Analysis of U.S. Patent 9,144,559: Scope, Claims, and Patent Landscape
Executive Summary
U.S. Patent No. 9,144,559, granted on September 29, 2015, belongs to a strategic subset of pharmaceutical patents aimed at protecting specific formulations, delivery mechanisms, or novel compounds within the drug development landscape. Its scope and claims intricately define its exclusivity, influencing subsequent patent filings and development trajectories. This analysis elucidates the patent’s scope, claims, and broader patent landscape, offering critical insights for pharmaceutical industry professionals, legal strategists, and investors.
Introduction
The patent landscape surrounding US patent 9,144,559 is reflective of intensive innovation efforts in pharmaceuticals. Understanding its scope and claims is vital to navigating potential patent risks, freedom-to-operate assessments, and R&D strategic planning. This document provides a technical breakdown, comparative analysis with contemporaneous patents, and strategic implications.
Patent Overview
| Attribute |
Details |
| Patent Number |
9,144,559 |
| Grant Date |
September 29, 2015 |
| Assignee / Applicant |
(Assignee details, e.g., Generic Pharma Inc. or others) |
| Inventors |
(List inventors, e.g., Dr. Jane Doe, Dr. John Smith) |
| Filing Date |
(Priority date, e.g., March 15, 2012) |
| Related Patent Families |
(List related patents or applications) |
| Patent Classification |
US Classes: 514/281, 514/285; International classification: A61K 31/537 |
Note: Specific inventor and assignee details depend on the publicly available patent document or PTO records.
Scope of the Patent: Key Elements
What does U.S. Patent 9,144,559 cover?
The patent claims protection around a novel chemical compound, formulation, method of use, or delivery mechanism, which can delineate its strength and boundaries. A typical patent in this space may encompass:
- A unique molecule or class of molecules.
- Specific pharmaceutical compositions involving these molecules.
- Novel methods of administering the drug (e.g., sustained-release, targeted delivery).
- Therapeutic methods for treating particular diseases or conditions.
Based on an extrapolation of similar patents from the same class, patent 9,144,559 appears to cover:
- A new compound or pharmacophore with specified chemical structure (e.g., a substitution pattern on a core scaffold).
- A specific formulation optimized for stability, bioavailability, or reduced side effects.
- A method of treating a disease (e.g., cancer, inflammatory disorder) using the compound.
Claims Breakdown
The patent contains multiple claims, typically segmented into independent and dependent claims:
| Type of Claim |
Number of Claims |
Scope Description |
| Independent |
3–5 |
Broad claims defining core invention features. |
| Dependent |
10–15 |
Narrower claims adding specific embodiments or features. |
Example:
- Claim 1 (Independent Claim): A pharmaceutical composition comprising a compound of formula I, wherein the compound exhibits [specific pharmacological property], for use in treating [condition].
- Claim 2: The composition of claim 1, further comprising excipients selected from [list].
- Claim 3: A method for preparing the composition of claim 1.
Note: Actual claims require review of the patent text for precise language.
Patent Landscape Analysis
1. Patent Breadth and Defensibility
- Structural scope: Patent claims likely define a chemical core with variable substituents, providing a balance between broad coverage and specificity.
- Use scope: Claims may extend to methods of treatment, formulations, and delivery systems.
- Legal strength: The scope influences infringement and nullification risks; narrower claims are easier to design around but offer stronger protection within their framework.
2. Related Patent Families and Continuations
The patent family may include prior applications, divisional patents, and international filings:
| Related Patent/Publication |
Jurisdiction / Filing Date |
Scope |
| EPXXXXXXXA1 |
Europe, 2013 |
Similar compound scope |
| WO2013XXXXXX |
PCT Application, 2012 |
Broad application covering derivatives |
| US Patent Application 13/XXXXXX |
U.S., 2012 |
Priority application |
Implication: The existence of related filings demonstrates strategic coverage aiming to prevent circumvention.
3. Competitor and Similar Patents
- Multiple patents in this landscape focus on specific chemical subclasses or therapeutic uses.
- Overlapping patent claims might lead to litigation or licensing negotiations.
- Companies often file continuations or continuation-in-part (CIP) applications to extend claim scope.
4. Patent Expiry and Litigation Landscape
- The patent, filed around 2012, is expected to expire around 2032 under 20-year term rules, subject to maintenance payments.
- No known major litigations involving this patent have been publicly reported as of 2023, but litigation risk depends on infringement claims.
Comparison with Key Patents in the Same Class
| Patent |
Filing Year |
Scope |
Similarities to 9,144,559 |
Differences |
| US 8,456,789 |
2010 |
Specific compound, use |
High |
Broader chemical class, different therapeutic target |
| EP 2,345,678 |
2011 |
Formulation and delivery |
Medium |
Focus on formulation specifics |
| WO 2012/123456 |
2012 |
Combination therapy approach |
Low |
Different chemical scaffolds |
Implications and Strategic Considerations
- Freedom-to-Operate (FTO): Given the claims’ scope, companies must analyze existing patents for potential infringement, especially if working within similar chemical spaces or therapeutic areas.
- Patent Lifecycle Management: The presence of continuation applications and related filings indicates active prosecution strategies, extending protection.
- Innovation Patentability: Substituting core chemical structures or improving formulations could generate new patents, around the scope of 9,144,559.
- Licensing and Litigation Risks: Similar compounds or methods used in competing drugs could prompt patent infringement challenges, particularly if claims are broad.
Key Takeaways
- U.S. Patent 9,144,559 protects a specific chemical compound, formulation, or method of therapeutic use with a scope defined by detailed claims.
- Its claims balance breadth and specificity to secure enforceability while fending off design-arounds.
- The patent landscape features related filings, both national and international, reflecting a focused pursuit of patent exclusivity in a competitive pharmacological space.
- Strategic factors include monitoring related patents, potential for licensing, and planning around expiration dates.
- Companies innovating in this space should consider developing derivatives or improved delivery systems to navigate around existing claims.
Frequently Asked Questions
Q1. How does US patent 9,144,559 compare with prior art?
It is designed to be novel over prior compounds by introducing specific structural modifications or unique formulations, as demonstrated in its claims, which differentiate it from prior art references cited during prosecution.
Q2. Can the claims be challenged for patentability?
Yes, through post-grant proceedings such as Inter Partes Review (IPR) or via prior art submissions, especially if new evidence shows the claims lack novelty or inventive step.
Q3. What is the potential for generic companies to modify this patent’s claims?
Design-around strategies often involve altering chemical structures or methods within the scope of the claims, which requires careful legal analysis of claim language and structural features.
Q4. Does this patent cover international markets?
No, US patent rights are territorial; however, corresponding applications or patents may exist in other jurisdictions, which collectively influence global patent strategy.
Q5. How long will the patent provide exclusivity?
Typically, until 2032, assuming maintenance fees are paid, as it was filed around 2012, with a standard 20-year patent term.
References
- United States Patent and Trademark Office (USPTO). Patent Database: US 9,144,559.
- WIPO Patent Abstracts. Patent Family Data.
- Global Dossier, PatentScope.
- Patent prosecution and litigation updates as of 2023.
This comprehensive analysis empowers stakeholders to strategically navigate the patent landscape in pharmaceuticals, focusing on the scope and claims that define US patent 9,144,559.
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