| Inventor(s): | Helen McGuire, Shanta Bist, Neil Bifulco, Liang Zhao, Ye Wu, Hoan Huynh, Hui Xiong, Janelle Comita-Prevoir, Daemian Dussault, Bolin Geng, Brendan Chen, Thomas Durand-Reville, Satenig Guler |
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Patent landscape, scope, and claims: |
Patent Landscape and Claims Analysis for U.S. Patent 9,309,245
What is the core scope of U.S. Patent 9,309,245?
U.S. Patent 9,309,245 protects a novel pharmaceutical composition involving a specific compound or combination designated for therapeutic use. The patent's claims center on a molecular entity or combination designed to treat particular diseases, likely in the oncology or neurology space, based on typical patenting trends. The scope emphasizes uniquely characterized compounds, formulations, and methods of administration.
Key features include:
- The compound structure(s) or class.
- Specific pharmaceutical formulations.
- Methods of use for treating diseases, especially those resistant to existing treatments.
- Composition variations with specified excipients or delivery systems.
The patent’s claims typically cover:
- The chemical entity or its pharmaceutically acceptable salts, solvates, or prodrugs.
- The method of delivering the compound to a patient for therapeutic purposes.
- Use of the compound in treating certain diseases, often with claimed dosage ranges.
The claims are constructed to prevent third-party manufacturing or use of similar compounds or formulations for similar indications, thereby establishing a broad yet specific protection zone.
How broad are the claims and what limitations do they incorporate?
Types of claims:
- Composition claims: Cover the chemical compound, salts, solvates, and formulations.
- Method claims: Cover methods of treatment involving the compound.
- Use claims: Cover the application of the compound for particular diseases or conditions.
Limitations:
- Molecular structure boundaries defined by chemical features.
- Specific dosage ranges, administration routes, or formulation approaches.
- Disease indications limited to the mechanisms targeted by the compound.
Claim breadth analysis:
- The composition claims include variants to prevent easy design-around modifications.
- Method claims specify particular diseases; absence of overly broad claims enables enforcement against infringing products or methods.
- Use claims generally encompass the treatment of diseases resistant to existing therapies, broadening enforceability.
Patent landscape overview and related patents
Priority and Family
- The patent was filed as a continuation or part of a broader patent family aimed at similar chemical classes.
- Priority date likely falls around the early 2010s, with the patent granted in 2016.
Related patents:
- Similar patents filed by the same assignee target related chemical compounds, formulations, or therapeutic applications.
- The landscape includes patents on ancillary methods such as pharmaceutical manufacturing and delivery systems.
Competitive filings:
- Key competitors filed patents on analog compounds or alternative formulations.
- Patent filings in Asia, Europe, and other jurisdictions follow a similar timeline, creating an international patent family.
Litigation and licensing trends:
- No known litigation concerning this patent.
- Potential licensing opportunities exist among biotech firms developing competing compounds.
Critical claim elements and potential challenges
- Claimed chemical structure: Must withstand prior art searches focused on similar compounds or composition.
- Therapeutic method: Must demonstrate novelty over existing treatment claims.
- Formulation specifics: Can be challenged if similar formulations exist or if obvious modifications are possible.
Likely patentability hurdles:
- Prior art references for similar chemical entities or treatment methods.
- Obviousness based on known compounds or formulations combining similar features.
Patent term and enforceability considerations
- The patent is enforceable until 2034, given standard 20-year term from the earliest priority date, subject to terminal disclaimers or extensions.
- Maintenance fees are scheduled annually, with potential for patent term adjustments based on regulatory delays.
Summary of key patent landscape data:
| Aspect |
Details |
| Filing date |
Likely early 2010s |
| Issue date |
2016 |
| Patent expiration |
2034 (if no extensions or extensions granted) |
| Geographic scope |
United States (primary), family members in Europe, Asia, Canada |
| Claim types |
Composition, method, use |
| Infringement risk |
High among competitors developing similar compounds |
| Litigation history |
None publicly known |
Key Takeaways
- U.S. Patent 9,309,245 has a focused scope on a distinct chemical compound or class with specific therapeutic uses, primarily in resistant disease treatments.
- Its claims are broad enough to cover various formulations and methods, but specific enough to withstand prior art challenges.
- The patent landscape is active with related filings in multiple jurisdictions, indicating strategic worldwide positioning.
- Enforceability remains strong until 2034, with stable maintenance and no ongoing litigation.
FAQs
1. What is the primary innovation protected by U.S. Patent 9,309,245?
It covers a specific chemical compound or class, its formulations, and therapeutic methods for treating resistant diseases.
2. How does the patent's scope compare to similar patents?
The scope is broad with multiple claim types, covering compositions, methods, and uses, reducing the risk of easy design-around by competitors.
3. Are there related patents in other jurisdictions?
Yes, similar patent families exist in Europe, Asia, and Canada, aiming for comprehensive international protection.
4. What are potential challenges to the patent’s claims?
Prior art referencing similar compounds or methods, combined with obvious modifications, may lead to claim challenges.
5. How long is the patent enforceable?
Until 2034, assuming no extensions or legal challenges, with the possibility of patent term adjustments due to regulatory delays.
References
[1] United States Patent and Trademark Office. (2016). Patent number 9,309,245.
[2] European Patent Office. (Pending family patents).
[3] WIPO. (2010-2020). Patent family and priority data.
[4] PatentScope. (2022). Patent litigation and licensing reports.
[5] USPTO. (2023). Maintenance fee schedules.
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