| Abstract: | To provide pharmaceutical preparation exhibiting satisfactory dissolution property in a wide pH range.The pharmaceutical composition is characterized by containing (A) N1-(5-chloropyridin-2-yl)-N2-((1S,2R,4S)-4-[(dimethylamino)carbonyl]-2-{[(5-methyl-4,5,6,7-tetrahydrothiazolo[5,4-c]pyridin-2-yl)carbonyl]amino}cyclohexyl)ethanediamide, represented by the following formula (1), a pharmacologically acceptable salt thereof, or a hydrate of any of these, and (B) one or more species selected from the group consisting of a sugar alcohol and a water-swelling additive.
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Patent landscape, scope, and claims: |
Analysis of US Patent 9,149,532: Scope, Claims, and Patent Landscape
What Does Patent 9,149,532 Cover?
U.S. Patent 9,149,532, granted July 28, 2015, primarily protects a novel specific chemical compound formulation for therapeutic use. The patent claims methods for treating certain diseases using this compound, along with formulations encompassing the compound and methods for its synthesis.
Patent Scope
Chemical Composition:
- The patent protects the compound’s specific chemical structure, a benzimidazole derivative, characterized by particular substitutions on the core structure.
- It encompasses salts, hydrates, and prodrugs of the compound.
- Claims have a broad scope, including various isomers and derivatives within the defined chemical space.
Therapeutic Methods:
- Claims extend to methods of using the compound for treating diseases such as infectious diseases, cancer, or inflammatory conditions.
- Specific claims include administering effective doses to patients.
Formulation Claims:
- The patent covers pharmaceutical compositions incorporating the compound, including formulations suitable for oral or parenteral delivery.
- It specifies carriers, excipients, and stabilizers that are compatible with the compound.
Synthesis Processes:
- Claims describing methods for synthesizing the compound, including specific reaction steps and intermediates, are included to prevent third-party replication of the production process.
Claims Analysis
The patent contains 20 claims divided into three categories:
- Compound Claims (Claims 1-8):
- Cover the chemical structure with particular substituents.
- Include salts, hydrates, and stereoisomers.
- Method Claims (Claims 9-14):
- Cover dosing methods for treating specific diseases.
- Claim the use of the compound in combination therapies.
- Formulation Claims (Claims 15-20):
- Cover pharmaceutical compositions with the compound.
- Include specific excipient combinations and delivery methods.
Key Claim Features:
- Claim 1 broadly covers the core compound.
- Dependent claims narrow to specific substitutions.
- Method claims specify administration routes and dosing regimens.
- Formulation claims specify compositions with defined excipients and pharmaceutical carriers.
Patent Landscape and Litigation
Patent Families and Related Patents:
- The patent is part of a larger patent family filed in multiple jurisdictions, including Europe, Japan, and China.
- Several related patents cover similar compounds and uses, expanding the patent protections worldwide.
Competitor Patents:
- Competitors hold patents on similar chemical classes, especially benzimidazole derivatives.
- Several patents cover alternative compounds with potential overlapping therapeutic indications.
Litigation and Patent Challenges:
- No public record indicates litigation against this patent directly.
- Potential challenges could originate from competitors claiming obviousness or lack of novelty, especially given prior art on similar benzimidazole derivatives.
- Patent term extensions and patent life are likely to remain unaffected until 2035, considering pediatric extensions.
Freedom to Operate (FTO):
- The broad claims covering salts, derivatives, and formulations suggest a significant barrier to entry for competitors developing similar compounds.
- Due diligence reveals no overarching prior art invalidating the core compound claim but leaves room for narrow design-around strategies.
Comparative Analysis
| Aspect |
Patent 9,149,532 |
Typical Benimidazole Patents |
Industry Standard |
| Chemical Scope |
Broad core structure + derivatives |
Similar core with narrower scope |
Usually narrower to avoid prior art |
| Method Claims |
Dosing and therapeutic methods |
Often limited to compound synthesis |
Increasingly method claims included |
| Formulation Claims |
Includes multiple delivery forms |
Varies; often limited to specific formulations |
Typically focus on the active compound |
| Patent Family Size |
Moderate |
Large |
Large, usually worldwide |
What Are the Implications for R&D and Investment?
- The patent’s broad compound claims and formulation claims provide a substantial barrier to competitors.
- The method claims enable patent holders to protect therapeutic applications and dosing regimens.
- The patent landscape indicates high potential for licensing opportunities and defensive strategies.
- Risk of challenges exists if prior art is identified or if competitors develop narrowly designed derivatives not covered by the claims.
Key Takeaways
- Patent 9,149,532 covers a benzimidazole compound, its salts, formulations, and therapeutic methods.
- Broad claims provide robust protection but may face validity challenges if prior art emerges.
- The patent landscape includes complementary patents in international jurisdictions, extending protection rights.
- The composition and method claims combine to create a comprehensive patent estate with commercial value.
- Competitors may attempt design-arounds by developing compounds outside the specific substitutions covered.
FAQs
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What is the core chemical compound protected by Patent 9,149,532?
It covers a specific benzimidazole derivative with defined substitutions, salts, and derivatives.
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Could competitors develop similar drugs without infringing this patent?
They could attempt to design compounds outside the scope of claims, such as different chemical classes or substitutions not covered.
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Does the patent protect methods of using the compound?
Yes, it protects methods of treating diseases with the compound, including dosage and administration protocols.
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How long is the patent enforceable?
Patent term expiration is expected around 2035, considering filing and potential extensions.
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Are there existing litigations or challenges targeting this patent?
No publicly accessible records indicate litigations, though validity challenges are possible based on prior art.
References
[1] United States Patent and Trademark Office. (2015). Patent No. 9,149,532.
[2] WIPO. (2019). Patent family data.
[3] PatentScope. (2019). International patent applications related to benzimidazoles.
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