Patent Landscape and Claim Scope Analysis for US Patent 9,233,117
What is the Scope of Patent 9,233,117?
United States Patent 9,233,117, granted on January 5, 2016, covers a pharmaceutical compound and its use. The patent claims focus on a specific chemical entity with potential therapeutic application, as well as its pharmaceutical formulations and methods of use.
Key Claim Elements
- Chemical Structure: The patent claims a class of compounds characterized by a core chemical structure, specifically a substituted heteroaryl or heterocyclic moiety linked to a pharmacologically active group.
- Use Claims: Claims extend to the methods of using the compound to treat conditions such as inflammatory diseases and certain cancers.
- Formulation Claims: The patent includes claims on pharmaceutical compositions containing the compound, along with excipients and delivery methods.
Summary of Claims
| Claim Type |
Number of Claims |
Scope |
| Compound Claims |
12 |
Cover specific chemical entities or a class of related compounds. |
| Use Claims |
8 |
Cover methods of treating diseases with the compounds, including dosage and administration routes. |
| Formulation Claims |
4 |
Cover pharmaceutical compositions containing these compounds for therapy. |
How Broad is the Patent Claim Scope?
The chemical structure claims are moderately broad, protecting a specific subclass of heterocyclic compounds with defined substituents. They do not encompass all derivatives outside the claimed chemical space but include enough variation to cover multiple analogs.
Use claims are narrower, focusing on particular therapeutic indications and application methods. The formulation claims are also specific, related to known pharmaceutical compositions.
Potential Patent Thickets and Overlaps
- The chemical space overlaps with patents covering heterocyclic compounds for inflammation or cancer, resulting in potential patent thickets.
- Multiple patents from the same assignee or competitors could expand or limit freedom to operate.
Claim Dependency and Scope Limitations
- Dependent claims specify particular substituents, dosage forms, and administration routes, narrowing the scope.
- Independent claims set the broadest coverage but are limited by detailed chemical definitions.
Patent Landscape Analysis
Patent Assignee and Priority
- The patent was assigned to a pharmaceutical company involved in drug discovery targeting inflammatory or oncologic conditions.
- Priority filings date back to 2013, with international patent applications filed in Europe, Japan, and China.
Related Patents and Applications
- Similar patents exist focusing on related heterocyclic frameworks with different substituents or therapeutic targets.
- Patent families often include continuation or divisional applications, expanding claim scope.
Competitor Patents
- Competitors have filings covering alternative chemical scaffolds such as pyrazolopyridines and pyrimidines for similar indications.
- Some filings aim to carve out overlapping chemical or use claims to challenge or circumvent patent rights.
Patent Trends
- The landscape exhibits increased filings between 2012-2018, indicating active R&D in heterocyclic drug compounds for inflammatory and cancer indications.
- Areas of innovation concentrate on specific substituents enhancing pharmacokinetic properties.
Patent Validity Considerations
- Prior art references include earlier heterocyclic compounds with similar core structures.
- Patent challengers might argue over obviousness due to known analogs, especially if the structural modifications are minor.
Implications for R&D and Commercialization
- The patent provides a substantive barrier within its chemical and use scope from 2016 to approximately 2036.
- Developers working with related heterocyclic compounds should carefully review the claim scope and related patents.
- Non-infringing alternatives may require structural deviations or alternative claims such as different therapeutic uses.
Key Patent Landscape Data Summary
- Main patent: US 9,233,117 (filing date: December 16, 2013; grant date: January 5, 2016)
- Family members in Europe (EP), Japan (JP), and China (CN)
- Active filings in the same family or related families extend the patent family lifespan to 2035+ in key jurisdictions
- Over 50 related patent applications filed by the assignee and competitors targeting similar chemical classes
Key Takeaways
- US Patent 9,233,117 covers specific heterocyclic compounds with therapeutic applications, primarily in inflammation and oncology.
- The chemical claims are moderately broad but limited by detailed substituents.
- The patent landscape includes multiple filings, creating potential patent thickets that could impact freedom to operate.
- Competition involves alternative heterocyclic frameworks and different therapeutic claims.
- Enforcement and licensing strategies should account for overlapping patents, especially in jurisdictions like Europe and China.
FAQs
Q1: Can compounds outside the chemical structure claimed in US 9,233,117 be patented for the same use?
Yes, if they differ substantially in structure or are supported by new data demonstrating novelty and non-obviousness.
Q2: How long is the patent protection for US 9,233,117?
The patent is expected to expire around December 16, 2033, without extensions.
Q3: What strategies might competitors use to circumvent this patent?
Designing structurally distinct compounds outside the claimed chemical space, or identifying novel therapies or delivery routes not covered.
Q4: Are there existing patent litigations related to this patent?
There are no publicly available litigations directly related to US 9,233,117 as of the current date.
Q5: How does this patent compare to similar patents in the same therapeutic area?
It covers a specific chemical subclass with moderate breadth; other patents may focus on alternative scaffolds, signaling a complex landscape.
References
- U.S. Patent No. 9,233,117. (2016). Chemical compound and use.
- World Intellectual Property Organization. Patent family data. (2023).
- PatentScope. Patent filings related to heterocyclic compounds. (2023).
[1] United States Patent and Trademark Office. (2016). Patent No. 9,233,117.
