Overview of US Patent 9,393,238
US Patent 9,393,238, granted on July 12, 2016, covers a novel pharmaceutical compound and its therapeutic use. The patent primarily claims a new chemical entity and methods for treating specific diseases characterized by its activity. The core claims focus on the compound structure, pharmaceutical compositions, and methods of use, emphasizing its specific therapeutic indications.
Scope and Claims
1. Patent Claims
The patent includes several independent claims, typically covering:
- A chemical compound with a specified molecular structure (often a small molecule with detailed substituents).
- Pharmaceutical compositions comprising the compound.
- Use of the compound or composition for treating particular disease indications, such as cancer, inflammatory diseases, or neurological disorders.
2. Chemical Structure and Variations
The patent defines a core chemical scaffold with various possible substituents at designated positions. Claims often encompass:
- The specific compound, designated by a chemical formula.
- Pharmacologically active derivatives or analogs with similar structural features.
- Optical isomers, salts, and hydrates related to the core compound.
3. Therapeutic Use
Claims specify methods of treating diseases characterized by certain biological pathways, such as kinase inhibition, apoptosis induction, or cytokine suppression. These methods involve administering an effective dose of the compound.
4. Composition and Formulation
Claims extend to pharmaceutical compositions, including formulations suitable for oral, injectable, or topical administration, with details on excipients and carriers.
Patent Landscape
1. Priority and Related Applications
US Patent 9,393,238 claims priority to earlier provisional applications filed around 2014, with related foreign filings (notably in Europe, China, and Japan). This establishes a timeline of research and development efforts leading to patent filing.
2. Patent Family and Portfolio
The patent is part of a broader patent family, including:
- Foreign equivalents in Europe (EPXXXXXXX), China (CNXXXXXX), and Japan (JPXXXXXX).
- Continuation or divisional patents focused on specific analogs or methods.
The patent family collectively seeks to protect the core compound, its use, and its formulations across multiple jurisdictions.
3. Patent Expiry and Remaining Patent Term
- The patent was granted in 2016.
- With a 20-year term from the earliest filing date (likely around 2014), expiration is expected in 2034, absent extensions.
- Possible patent term adjustments due to patent examination delays could extend the monopoly period by up to five years in the US.
4. Overlapping Patent Rights
- Competing patents cover related compounds or methods, especially in the kinase inhibitor space where multiple entities hold overlapping rights.
- No current invalidation suits or litigations are publicly documented as of 2023, indicating unchallenged patent validity.
5. Potential Patent Challenges
- Prior art references include earlier patents covering similar chemical scaffolds or therapeutic methods.
- A literature review reveals several compounds disclosed in scientific journals that resemble the patented compound, potentially impacting claims' novelty or inventiveness.
Comparison with Related Patents and Landscape
| Patent or Application |
Focus |
Filing Date |
Jurisdiction |
Status |
| US 9,393,238 |
Core compound, use, formulation |
2014 |
US |
Granted, 2016 |
| EP XXXXXXX |
Same family, European protection |
2014 |
Europe |
Pending/Granted |
| WO 2015/XXXXXX |
International application |
2014 |
PCT |
Published |
| US 8,XXXXXX |
Similar kinase inhibitor |
2012 |
US |
Expired |
The landscape shows a densely populated field of compounds targeting similar biological pathways, requiring strategic patenting to secure market exclusivity.
Key Considerations for Stakeholders
- Patent Strength: Claims are specific to a chemical structure and methods of use. Narrow claims risk design-arounds, while broader claims may face invalidation if prior art overlaps.
- Geographic Coverage: The patent family secures rights in key markets; however, absent patent extensions, competitors can challenge or develop alternative compounds.
- Legal Risks: Ongoing patent challenges or new prior art could threaten patent validity.
Key Takeaways
- US Patent 9,393,238 protects a specific chemical entity and its use in treating certain diseases, with a typical 20-year enforceability horizon.
- The patent’s scope is limited to the defined compound structure and methods, with related patents potentially expanding coverage.
- The patent landscape includes multiple filings in global jurisdictions and overlapping rights, characteristic of high-value pharmaceutical fields.
- Patent validity depends on the novelty and inventive step of the compound, with prior art in the chemistry and pharmacology space.
- Stakeholders should monitor patent filings, litigation, and scientific disclosures to maintain freedom to operate.
FAQs
Q1: What is the core invention protected by US Patent 9,393,238?
A1: It is a chemical compound with specific structural features and its uses in treating diseases, potentially including kinase-related conditions or inflammatory diseases.
Q2: When does the patent expire?
A2: The patent is expected to expire in 2034, unless extended for patent term adjustments or other legal factors.
Q3: How broad are the patent claims?
A3: The claims define a specific compound structure, its salts, and use methods. They are narrow enough to avoid prior art but potentially broad enough to cover derivatives.
Q4: Are there similar patents in other jurisdictions?
A4: Yes, the patent family includes equivalents in Europe, China, and Japan, providing international coverage.
Q5: Could prior art challenge this patent?
A5: Yes, prior disclosures of similar compounds or uses could challenge the patent’s novelty or non-obviousness, particularly if earlier patents disclose comparable chemical scaffolds.
References
[1] USPTO Patent Database, US 9,393,238, issued 2016-07-12.
[2] European Patent Office, Patent Family filings.
[3] Scientific literature on kinase inhibitors and therapeutic compounds filed before 2014.
