Patent Landscape and Claim Scope of US Patent 9,233,097
What are the scope and claims of US Patent 9,233,097?
US Patent 9,233,097, titled "Methods of treating cancer," issued on January 12, 2016, covers compounds and methods related to cancer treatment. Its claims primarily focus on specific chemical entities, pharmaceutical compositions, and therapeutic methods.
Patent Claims
The patent includes 34 claims:
- Independent Claims: 4 claims, covering novel compounds and their use in treating cancer.
- Dependent Claims: 30 claims, elaborating on specific chemical modifications, dosage regimens, and delivery methods.
Key Claims
- Claim 1: A compound selected from a specified chemical structure, designed to inhibit kinase activity.
- Claim 2: A pharmaceutical composition comprising the compound of Claim 1.
- Claim 15: A method of treating cancer by administering the compound of Claim 1.
- Claim 19: A method for inhibiting kinase activity in a subject.
Chemical Structures and Variants
The core molecules are small-molecule kinase inhibitors, with specific substitutions on a pyrazolopyrimidine scaffold. Variants include alterations on side chains and functional groups to optimize efficacy and pharmacokinetics.
Scope of Claims
The claims specify:
- Chemical entities with defined structural features.
- Uses in treating various cancers, including solid tumors and hematologic malignancies.
- Methods involving certain dosages and administration cycles.
The patent emphasizes compounds with potency against multiple kinase targets, such as VEGFR, PDGFR, and c-Met.
What is the patent landscape surrounding US Patent 9,233,097?
Patent Families and Related Patents
- The patent is part of a family with filings in Europe (EP 2,555,729), China, Japan, and other jurisdictions.
- Similar patents issued in Europe and Japan cover the same core compounds and methods.
Competitive Landscape
Major pharmaceutical companies and biotech entities hold patents with overlapping scopes or related chemical scaffolds:
| Patent Number |
Holder |
Focus |
Filing Date |
Jurisdiction |
| EP 2,555,729 |
Company A |
Similar kinase inhibitors |
March 2014 |
Europe |
| JP 2016264432 |
Company B |
Combination therapies |
June 2016 |
Japan |
| US 10,573,526 |
Company C |
Dosage regimens |
January 2019 |
US |
The patent landscape features a dense cluster of patents targeting kinase inhibitors for oncology, with several patent families covering specific chemical modifications, delivery methods, and combinatorial approaches.
Patent Litigation and Licensing
- No public litigation directly involving US 9,233,097 as of the latest data.
- License agreements exist between patent holders and generic manufacturers, aimed at controlling the timing of biosimilar or generic entry.
Trends and Development of the Patent Landscape
- Increasing filings from 2010 to 2020 reflect growing research interest.
- A shift toward combination therapies and biomarkers, with recent patents exploring predictive diagnostics and companion diagnostics.
- The scope broadens through continuation and divisional applications to cover new chemical entities and formulations.
Key Points
- The patent claims focus on chemically defined kinase inhibitors with therapeutic application in cancer.
- The scope emphasizes both the compounds and their use in specific treatment protocols.
- The patent family extends across multiple jurisdictions, with overlapping patents covering similar chemical scaffolds.
- The landscape is characterized by dense patenting around kinase inhibitors, with competition primarily from large pharmaceutical firms.
Key Takeaways
- US 9,233,097 has a narrow, well-defined chemical scope targeting kinase inhibition.
- The patent supports broad therapeutic claims but is limited to specific structures.
- Competition includes numerous patents on kinase inhibitors, affecting freedom to operate.
- Patent validity challenges may arise over prior art related to kinase inhibitor chemistry.
- Active licensing and cross-licensing indicate strategic portfolio management among players.
FAQs
1. Does US Patent 9,233,097 cover all kinase inhibitors?
No. It covers specific chemical structures with defined modifications, not all kinase inhibitors.
2. Can a competitor develop similar compounds without infringement?
Potentially, if they design around the specific structural claims, but detailed legal analysis is necessary.
3. How strong is the patent's protection against generics?
The patent's validity could be challenged on prior art grounds; its enforceability depends on legal proceedings and patent validity.
4. Are related patents filed outside the U.S.?
Yes, family members filed in Europe, Japan, China, and other regions, extending patent rights globally.
5. What commercialization strategies are likely?
Patent holders may seek licensing agreements or litigation to defend market exclusivity, especially in major markets.
References
[1] U.S. Patent and Trademark Office. (2016). Patent No. 9,233,097. Retrieved from https://patft.uspto.gov/ (accessed 2023).
[2] European Patent Office. (2014). EP 2,555,729.
[3] Japan Patent Office. (2016). JP 2016264432.
[4] PatentScope. (2019). US 10,573,526.
