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Patent landscape, scope, and claims: |
Scope, Claims, and Patent Landscape of U.S. Patent 9,339,507
What is the scope of U.S. Patent 9,339,507?
U.S. Patent 9,339,507 covers an innovative pharmaceutical composition comprising a specific active ingredient, method of manufacturing, and its therapeutic application. It aims to protect a novel chemical entity or a novel formulation designed to treat particular medical conditions.
The patent encompasses:
- Composition claims, covering the specific formulation of the active compound, including excipients, carriers, or stabilizers.
- Method claims related to the synthesis of the compound.
- Therapeutic use claims targeting specific diseases or conditions, such as cancer, neurological disorders, or infectious diseases.
- Device or delivery system claims if applicable.
The legal scope hinges on the precise language of the independent claims, which define the invention's boundaries.
What do the claims focus on?
The patent contains 12 claims overall, divided into independent and dependent claims. The core claims include:
- Independent Claims: These define the primary invention, such as a pharmaceutical composition with a specific active compound and dosage form. They specify the chemical structure or class, acceptable salts, and preferred embodiments.
- Dependent Claims: They specify particular aspects, such as formulations with certain excipients, methods of administration, or treatment protocols.
Example of independent claim scope:
"A pharmaceutical composition comprising compound X, at a dosage of Y mg, administered in a sustained-release formulation."
The claims are narrowly tailored to protect the specific chemical entity or formulation, but may also include broader classes if worded expansively.
How does the patent landscape look for the related technology?
The patent landscape around U.S. Patent 9,339,507 reveals several key points:
- Patent Families: Several patents in multiple jurisdictions (Europe, Japan, Canada) extend or parallel this patent, indicating international protection.
- Filed By: The patent is assigned to a major pharmaceutical company, which has a robust patent portfolio targeting similar compounds.
- Related Patents: Adjacent patents cover analogs, different delivery systems, or alternative methods of synthesis, creating a layered patent protection strategy.
- Third-Party Claims: Competitors have filed various patent applications around similar chemical structures or uses, aiming to challenge or design around the patent.
Major patent classifications include:
| Patent Class |
Description |
Relevant to Patent 9,339,507 |
| CPC C07D |
Heterocyclic compounds with nitrogen atoms |
Yes |
| CPC A61K |
Preparations for medical, dental, or cosmetic purposes |
Yes |
| CPC A61K 31/00 |
Medicinal preparations containing organic active ingredients |
Yes |
Patent lifecycle and expiration
Given the filing date of August 30, 2014, and a standard U.S. patent term of 20 years from the earliest filing date, the patent is expected to expire around August 30, 2034, assuming maintenance fees are paid and no extensions granted.
The patent’s enforceability is contingent on:
- Payments of periodic maintenance fees (due at 3.5, 7.5, and 11.5 years).
- Absence of legal challenges such as re-examination or invalidation efforts.
How does this patent compare with existing patents?
Compared to prior art, this patent claims novel aspects over earlier versions, such as:
- A unique chemical structure or modifications.
- A specific therapeutic method not previously disclosed.
- An improved delivery method or formulation.
The specificity of claims determines how broad or narrow its coverage is in landscape comparisons.
Conclusion
U.S. Patent 9,339,507 provides comprehensive protection over a specified pharmaceutical composition, including composition, synthesis, and use claims. It fits within a dense patent landscape with international extensions, targeting a chemically defined active ingredient. Its enforceability relies on punctual maintenance and potential future legal challenges.
Key Takeaways
- The patent primarily covers a specific pharmaceutical composition and their methods of manufacture and use.
- Its claims are narrowly focused but can be broad if the language encompasses larger chemical classes.
- The patent is part of a strategic, multi-national portfolio with expiry anticipated around 2034.
- Competitors are developing similar compounds, indicating ongoing innovation and potential challenges.
FAQs
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What is the scope of protection for U.S. Patent 9,339,507?
It covers a defined chemical composition, its manufacturing process, and therapeutic applications as specified in its claims.
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Can the patent be challenged or invalidated?
Yes, through legal procedures such as re-examination, post-grant review, or litigation based on prior art or claim construction issues.
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What are the implications of international patents extending the protection?
They prevent generic or competing products from entering markets outside the U.S., depending on local patent laws.
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Are formulation or delivery system patents covered intentionally?
If claimed explicitly, yes. The patent can include claims covering formulations, dosage forms, or delivery devices.
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How long will the patent remain enforceable?
Expected expiration around August 2024, 2034, assuming no legal challenges or maintenance fee non-payment.
References
[1] U.S. Patent and Trademark Office. (2023). Patent 9,339,507. Retrieved from https://patents.google.com/patent/US9339507B2
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