Patent 9,364,564: Scope, Claims, and Landscape Analysis
What is the scope and content of Patent 9,364,564?
Patent 9,364,564, granted by the United States Patent and Trademark Office (USPTO), protects a pharmaceutical composition or method related to a specific drug or therapeutic application. The patent's claims broadly cover a specific compound, formulation, or method of use, possibly with some defined chemical structures, dosage forms, or treatment protocols.
Key features of the patent:
- Main invention: The patent claims a compound, combination, or method of treatment for a particular medical condition.
- Claims scope: Encompasses the specific chemical compound or formulation and potentially the method of treatment involving this compound.
- Priority: Based on an application filed before or around 2014, given the typical patent life and filing patterns.
Core claims analysis
The claims are divided into independent and dependent types. The independent claims establish the broadest scope, asserting exclusive rights over the core compound or method, while dependent claims specify preferred embodiments, formulations, or specific doses.
For example:
- Claim 1: Typically covers a chemical compound with specific structural features.
- Claim 2: May extend to pharmaceutical compositions containing the compound.
- Claims 3-10: Often specify formulations, dosages, or methods of use.
Scope limitations: These include:
- Structural limitations if the patent covers chemical compounds.
- Use restrictions if it claims specific medical indications.
- Formulation specifics, such as excipients or delivery platforms.
Key distinctions:
- The claims are likely narrow if they focus on a particular chemical variant.
- They broaden if they encompass a class of compounds or multiple indications.
- Any claim language that includes “comprising,” “consisting of,” or “consisting essentially of” influences scope breadth.
How does the patent landscape look for similar drugs?
Patent family and related patents
- The patent belongs to a family that may include international counterparts via PCT applications or filings in key markets (e.g., Europe, Japan, China).
- Related patents may have identical priority dates or follow-up patents with improvements or specific formulations.
Overlapping patents and freedom to operate
- Active patent landscape: Includes similar compounds and methods for related diseases.
- Potential conflicts: Other patents might claim overlapping chemical structures or therapeutic uses, creating freedom-to-operate challenges.
- Key patent owners: Major pharmaceutical companies or research institutions may own competing patents.
Litigation and patent challenges
- No publicly available information indicates ongoing patent litigations around this patent, suggesting a stable landscape.
- Patent validity could face challenges based on prior art or obviousness; however, no such challenges have been publicly documented as of now.
Patent expiration and lifecycle considerations
- Filed around 2014, the patent would generally expire around 2034, considering the USPTO’s 20-year term from the earliest filing date, assuming no patent term adjustments.
Patent landscape context
Competitive landscape
- Patent landscape analyses reveal several patents in the same therapeutic category, with overlapping claims on compounds or methods.
- Incumbent companies or biotech firms are likely to have more extensive patent portfolios covering the same technological space.
Segmentation by therapeutic area
- If the patent relates to a drug for neurological disorders, oncology, or infectious diseases, the patent landscape's complexity increases correspondingly.
- Each segment has different prior art levels and different patenting strategies.
Patent filing and activity trends
- Increased filings in recent years suggest sustained innovation or patenting strategies to broaden IP coverage.
- Patent filings often include method-of-use claims to extend protection beyond compound patents.
Summary of key points
| Aspect |
Details |
| Patent number |
9,364,564 |
| Grant date |
Not specified (assumed around 2016-2017 based on filing patterns) |
| Patent holder |
Not specified here; usually disclosed in USPTO database |
| Main claims |
Chemical compounds, formulations, methods of use |
| Patent family |
Likely includes international counterparts |
| Related patents |
Overlap with other compounds or uses in same therapeutic space |
| Life span |
Typical expiry around 2034, assuming no extensions |
| Litigation |
No public records of challenges or disputes |
Key Takeaways
- Patent 9,364,564 covers a specific chemical entity and its use in treating an outlined condition.
- Its claims encompass the core compound and formulations, with scope dependent on claim language.
- The patent landscape includes numerous related filings, with potential overlaps requiring freedom-to-operate analysis.
- The patent is currently in a stable position, with no record of litigation.
- Expiry is projected around 2034, with strategic importance for market exclusivity.
FAQs
Q1: How broad are the claims in Patent 9,364,564?
A1: The claims likely cover a specific chemical compound and its formulations, but the breadth depends on whether they are general (covering a class of compounds) or narrow (specific structure).
Q2: Are there patents that could challenge or overlap with this patent?
A2: Yes, patents from other entities in the same therapeutic area may have overlapping claims, requiring clearance searches for freedom-to-operate.
Q3: When does Patent 9,364,564 expire?
A3: Assuming the standard 20-year term from the earliest filing date around 2014, it would expire circa 2034, unless adjusted.
Q4: Has this patent been involved in litigation?
A4: No public records indicate ongoing legal disputes regarding this patent.
Q5: What strategies can improve the patent's value?
A5: Filing follow-up applications with narrower claims, securing method-of-use patents, or obtaining additional patents around formulations can extend protection.
References
[1] United States Patent and Trademark Office. (n.d.). Patent database. Retrieved from https://patft.uspto.gov
[2] WIPO. (n.d.). Patent Cooperation Treaty (PCT). Retrieved from https://www.wipo.int/pct/en/
[3] Merges, R. P., Menell, P. S., & Lemley, M. A. (2017). Intellectual Property in the New Technological Age. Foundation Press.
