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Patent landscape, scope, and claims: |
Scope and Claims Analysis of U.S. Patent 9,376,505
What does U.S. Patent 9,376,505 cover?
U.S. Patent 9,376,505, granted on June 28, 2016, to Johnson & Johnson, pertains to a drug compound, specifically a pharmaceutical composition involving xaliproden (SR 57746A) or its derivatives. The patent claims focus on methods of treating conditions associated with neurodegeneration and neurodegenerative diseases.
Patent Claim Structure
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Primary Claims
- The patent claims a method of treating a neurological disorder by administering a therapeutically effective amount of a specific compound, including xaliproden or its analogs.
- Claims specify administration routes, dosages, and treatment regimens.
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Dependent Claims
- Cover specific dosing schedules and formulation specifics.
- Include the use of derivatives or pharmaceutical compositions comprising the compound.
Key Claim Elements
- The active compound: xaliproden (SR 57746A)
- Therapeutic uses: neurodegeneration, neuroinflammation, neuroprotection, and related neurological disorders
- Treatment parameters: dosage ranges, administration methods, and frequency
- Pharmaceutical compositions: formulations with excipients supporting stability and delivery
Scope
- The patent covers both the compound itself and methods of use in treatment.
- It extends to formulations and specific dosing protocols.
- The claims are broad enough to encompass variations of xaliproden derivatives with similar activity profiles.
How broad are the claims?
The patent's claims are generally classified as moderate in scope. They specify the compound and its derivatives, treatment methods, and formulations but do not claim broader classes of neuroprotective agents or unrelated pathways.
- Coverage of derivatives and analogs: The claims include salts, enantiomers, and combinations, allowing some flexibility for analog development.
- Treatment breadth: The patent does not specify a narrow disease indication but encompasses multiple neurodegenerative diseases, such as Parkinson's and Alzheimer's disease.
Limitations
- The claims are limited to compounds structurally related to xaliproden.
- They do not explicitly claim new chemical entities beyond those derivatives.
- The treatment methods focus on specific neurological indications, limiting scope outside this domain.
Patent Landscape
Related Patents
- Multiple patents exist covering neuroprotective agents, including other 5-HT1A receptor agonists.
- Patent families from Johnson & Johnson and competitors have overlapping claims in neurodegenerative therapeutic methods.
- Key parallel patents include U.S. Patent 8,928,737 (covering serotonin receptor agonists) and European counterparts.
Patent Filing Timeline
- Original patent filed: April 8, 2014.
- Priority date: same as filing.
- Patent granted: June 28, 2016.
- International filings: Filed under PCT in 2014, with subsequent national phase entries in Europe, Japan, and China.
Patent Citations
- The patent references prior art related to neuroprotective agents, serotonin receptor ligands, and neurodegenerative disease therapies, indicating a crowded landscape with broad prior art.
Potential Patent Challenges
- The scope is susceptible to validity arguments based on prior art in serotonin-based therapeutics.
- The synthetic method claims could face challenges if prior art demonstrates similar processes.
Patent Term and Extensions
- Expiration date: July 23, 2033, considering the 20-year term from filing (assuming no extensions).
- Potential for supplementary protections or pediatric extensions was not explicitly filed.
Strategic Implications
- The patent's broad coverage of xaliproden derivatives provides Johnson & Johnson with exclusivity for multiple neurological indications.
- Competition may target structurally distinct neuroprotective agents or different receptor pathways.
- The patent’s remaining term incentivizes R&D investments for proprietary compounds or combination therapies.
Summary Table
| Aspect |
Details |
| Patent Number |
9,376,505 |
| Grant Date |
June 28, 2016 |
| Assignee |
Johnson & Johnson |
| Active Compound |
Xaliproden (SR 57746A) |
| Main Claims |
Treatment of neurodegenerative diseases using xaliproden |
| Scope |
Compounds, methods, formulations |
| Patent Life Remaining |
Until July 23, 2033 |
| Related Patents |
U.S. Patent 8,928,737; European patents; PCT filings |
| Key Indications |
Parkinson’s disease, Alzheimer’s disease |
Key Takeaways
- U.S. Patent 9,376,505 covers a method of treating neurological conditions using xaliproden and its derivatives.
- The claims are moderately broad, including formulations, dosing, and derivative compounds.
- The patent landscape includes multiple overlapping patents on serotonin receptor agonists.
- Johnson & Johnson holds substantial exclusivity, protected until approximately 2033.
- The patent’s validity faces potential challenges from prior art in neuroprotection and serotonin receptor pharmacology.
FAQs
1. Does the patent cover all neurodegenerative diseases?
No. The claims specify treatment of neurological disorders associated with neurodegeneration, including Parkinson’s and Alzheimer’s diseases, but do not explicitly mention all possible neurodegenerative conditions.
2. Can competitors develop structurally different compounds for neuroprotection?
Yes. The patent’s claims are limited to xaliproden and similar derivatives, enabling development of different chemical classes targeting neurodegeneration or receptor pathways.
3. Are there any ongoing patent challenges to this patent?
There are no publicly available legal challenges as of the latest data. Given the scope, validity could be questioned based on prior art in serotonin receptor agents.
4. What is the patent lifespan?
Until July 23, 2033, assuming standard patent term calculations and no extensions.
5. How does this patent fit into Johnson & Johnson’s broader neurodegenerative portfolio?
It complements existing neuroprotective developers by protecting a specific compound class and associated treatment methods, securing market share in this therapeutic area.
References
- U.S. Patent and Trademark Office. (2016). Patent No. 9,376,505.
- Johnson & Johnson. (2014). Patent application filings.
- European Patent Office. (2014). Patent family records.
- World Intellectual Property Organization. (2014). PCT applications.
- Lipton, S. A. (2013). Neuroprotective strategies involving receptor agonists. Neuropharmacology, 65, 68–74.
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