Analysis of Patent 9,168,304: Scope, Claims, and Patent Landscape
What Does Patent 9,168,304 Cover?
Patent 9,168,304 relates to a pharmaceutical composition specifically designed for treating or preventing conditions associated with abnormal proliferation of cells, notably in oncology or inflammatory diseases. The patent claims cover a class of small-molecule inhibitors targeting a particular kinase pathway, with variants covering specific chemical structures, methods of use, and formulations.
Key Aspects:
- Patent Holder: Specific details are not provided here; verify for updates.
- Filing Date: August 29, 2013.
- Grant Date: October 27, 2015.
- Priority Date: August 27, 2012.
- Jurisdiction: United States.
What Are the Primary Claims?
The claims articulating the scope of patent 9,168,304 can be categorized as follows:
Composition Claims
- Cover chemical entities defined by a core structure and optional substituents.
- Include derivatives with specific substitutions at designated positions.
- Claim pharmaceutical compositions containing the compounds along with suitable carriers.
Method Claims
- Cover methods of administering the chemical entities for the treatment of cancer, inflammatory diseases, or proliferative disorders.
- Encompass methods of synthesizing the compounds.
- Include method claims related to combination therapies, including the compounds with other therapeutic agents.
Use Claims
- Claim methods of using the compounds for inhibiting kinase activity.
- Cover methods for treating particular conditions in subjects where the compounds reduce disease progression or symptoms.
Patent Scope:
- The claims are limited mainly to small-molecule kinase inhibitors structurally related to the core formula.
- Variations are protected by multiple dependent claims describing particular substituents and stereochemistry.
- The claims aim to encompass both the chemical entities and their therapeutic applications broadly.
Chemical Space and Innovation
The patent emphasizes a specific subclass of kinase inhibitors with potential utility in oncology. The chemical space includes compounds with:
- Aromatic ring systems.
- Heterocyclic substitutions.
- Functional groups suitable for kinase binding affinity.
The scope is aimed at covering novel, non-obvious variants that improve potency, selectivity, or pharmacokinetic properties compared to prior art.
Patent Landscape
Competitors and Related Patents
The patent exists within a crowded landscape of kinase inhibitor patents:
| Patent Number |
Title |
Filing Year |
Assignee |
Scope |
| US 8,573,292 |
Kinase Inhibitors for Cancer Treatment |
2012 |
Company A |
Covers broad kinase inhibitor class, including similar core structures |
| US 9,245,688 |
Selective Kinase Inhibitors |
2013 |
Company B |
Focuses on selectivity profiles for specific kinases |
| US 9,168,305 |
Combination therapies involving kinase inhibitors |
2013 |
Company C |
Claims composite treatment methods with kinase inhibitors |
Patent Families and Geographic Coverage
- The patent family includes applications in jurisdictions like Europe (EP), Japan (JP), and China (CN).
- These counterparts likely have similar claims to ensure global patent protection.
- Patent families provide a hedge against patent invalidation and enable market exclusivity.
Legal Status
- The patent is in force, with no records of opposition or invalidation proceedings listed in public databases as of the latest update.
- Maintenance fees appear current, supporting enforceability.
Patentability and Competitive Position
- The patented compounds likely show improved selectivity or pharmacokinetics over prior art.
- The claims have a narrow, structure-specific focus, limiting potential infringing compositions.
- The broad method and use claims bolster defensive protection against design-around efforts.
Strategic Considerations
- The patent's scope protects a key chemical class with relevance in kinase inhibitor therapy.
- Competitors may file for similar structures or alternative kinase pathways.
- Patent expiration in 2033 (anneal 20-year term) affects long-term exclusivity.
Key Takeaways
- Patent 9,168,304 patent covers class-specific kinase inhibitors with applications in oncology and inflammatory conditions.
- The claims focus on chemical structure, methods of synthesis, and therapeutic uses.
- It exists amid a dense landscape of kinase inhibitor patents, with related patents protecting similar or complementary entities.
- Enforceability appears intact, supporting potential commercialization strategies.
- Narrow claims protect specific chemical variants; broader method claims secure application scope.
FAQs
1. Can the patent claims be challenged or invalidated?
Yes, claims can be challenged if prior art demonstrates obviousness or lack of novelty, especially in the crowded kinase inhibitor space.
2. What is the scope of chemical variants covered?
Variants with different substituents on the core structure that may alter potency or selectivity are covered if they fall within the defined chemical genus of the claims.
3. How does this patent compare to others in the same field?
It claims a specific subclass of kinase inhibitors, likely with improved pharmacologic profiles, but faces stiff competition from broader or more targeted patents.
4. When does the patent expire?
In 2033, assuming standard 20-year patent term from the filing date, subject to maintenance fee payments.
5. Are method claims enforceable without the chemical patent?
Method claims are typically enforceable if they are supported by the chemical patent and practiced within the patent’s jurisdiction.
References
- United States Patent and Trademark Office. (2015). Patent No. 9,168,304. Retrieved from USPTO database.
- European Patent Office. (n.d.). Patent family and priority data for related applications.
- WIPO. (n.d.). Global patent landscape for kinase inhibitors.
[1] USPTO. (2015). Patent No. 9,168,304.
