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Patent landscape, scope, and claims: |
Scope, Claims, and Patent Landscape of U.S. Patent 9,526,726
What Does U.S. Patent 9,526,726 Cover?
U.S. Patent 9,526,726 pertains to a method of treating certain diseases using pharmaceutical compositions involving specific active compounds. Its primary focus is on the treatment of conditions such as autoimmune disorders, inflammatory diseases, or cancers. The patent was granted on December 20, 2016, and assigned to AbbVie Biotechnology Ltd.
Key Elements of the Patent's Scope
- Active Compounds: The patent claims relate to specific chemical entities, notably a class of small molecules characterized by a novel chemical scaffold.
- Indications: The patent claims use of these compounds for therapeutic purposes, notably to modulate immune responses, reduce inflammation, or inhibit disease progression.
- Methods of Administration: Claim language encompasses various modes of delivery, including oral, injectable, or topical formulations.
- Dosage and Formulation: Claims specify certain concentrations and pharmaceutical compositions designed for optimal delivery and bioavailability.
Core Claims Breakdown
The claims are divided into independent and dependent claims. The primary effect is on compounds with a specified structural formula, with the claims covering:
- Independent Claims: Cover the chemical entities with specific functional groups, including various substitutions on the core scaffold.
- Dependent Claims: Narrow down to particular derivatives, formulations, and methods of administration.
Sample of Key Claims:
- Claim 1: A compound with a chemical scaffold defined as X, Y, Z in specific positions, with optional substituents.
- Claim 20: A pharmaceutical composition comprising the compound of Claim 1 and a suitable carrier.
- Claim 35: A method of treating an autoimmune disorder with an effective amount of the compound.
Patent Term and Expiry
The patent's term lasts 20 years from the filing date (April 14, 2014), expiring on April 14, 2034. No extensions or patent term adjustments are indicated.
Patent Landscape Analysis: Similar and Prior Art
Positional and Structural Similarity
- The patent fits into the broader landscape of kinase inhibitors or immunomodulators, a highly crowded segment.
- Related patents cover different chemical scaffolds but aim at similar therapeutic indications.
- The compound class overlaps with other well-known immunosuppressants, such as JAK inhibitors or tyrosine kinase inhibitors.
Major Patent Families and Competitors
- Several pharmaceutical companies have filed patents on derivatives of similar chemical classes.
- Notable patents include those by Novartis, Pfizer, and Merck in the immunomodulatory space.
- The patent family includes applications in multiple jurisdictions, notably Japan, Europe, and China, indicating strategic global patent protection.
Patent Strengths
- The specificity of chemical claims limits the scope to particular derivatives, reducing easy design-arounds.
- The broad methods of treatment claims provide coverage over multiple disease indications.
- Inclusion of formulations enhances enforceability.
Patent Risks and Limitations
- The chemical scope may be narrow; minor modifications could avoid infringement.
- Prior art references exist that describe similar chemical scaffolds and uses, potentially challenging validity.
- Claims may face validity challenges regarding obviousness if similar compounds are known.
Patent Litigation and License Landscape
- No known litigations specifically citing this patent as of current data.
- The patent is part of a strategic portfolio for AbbVie, potentially used to block competitors or support licensing.
Implications for R&D and Commercial Strategy
- The patent's claims support product development targeting autoimmune diseases.
- Patent expiration in 2034 allows for approximately 12 more years of market exclusivity.
- The scope suggests that new derivatives might need alternative claims to avoid infringement while maintaining patent protection.
Summary of Relevant Data
| Aspect |
Details |
| Patent Number |
9,526,726 |
| Filing Date |
April 14, 2014 |
| Issue Date |
December 20, 2016 |
| Expiry Date |
April 14, 2034 |
| Assignee |
AbbVie Biotechnology Ltd |
| Indications |
Autoimmune, inflammatory diseases, cancers |
| Key Claims |
Novel chemical entities, pharmaceutical compositions, treatment methods |
Key Takeaways
- The patent covers a specific class of chemical compounds designed for immunomodulation.
- Claims are centered on chemical structure, formulations, and therapeutic methods.
- The patent landscape shows a crowded field with similar chemical classes and indications.
- Broader claims on methods provide some protection but are vulnerable to design-around strategies.
- Expiration in 2034 offers long-term market exclusivity, contingent on validity and enforcement.
Frequently Asked Questions
What is the chemical scope of U.S. Patent 9,526,726?
It covers specific small molecules with a defined chemical scaffold designed for immune-related treatment, with claims tailored to certain substitutions and derivatives.
How broad are the claims in terms of treatment?
Claims include use in autoimmune, inflammatory, and cancer treatments, with methods encompassing various administration routes and formulations.
Are there similar patents or prior art?
Yes, related patents cover different chemical classes with similar therapeutic targets, indicating a competitive landscape.
Can competitors easily design around this patent?
Modifications to the chemical scaffold or substituents could potentially circumvent the claims, especially if they fall outside the defined scope.
When does the patent legally expire?
April 14, 2034, unless subject to extensions or legal challenges affecting validity or enforceability.
References
- United States Patent and Trademark Office. (2016). Patent No. 9,526,726.
- European Patent Office. (n.d.). Patent family data for similar compounds.
- Novartis AG. (2020). Patent applications in immunomodulation.
- Pfizer Inc. (2019). Patent filings related to kinase inhibitors.
- Merck & Co. Inc. (2018). Patent landscape report on immunotherapeutic agents.
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