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Last Updated: December 18, 2025

Details for Patent: 9,539,258


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Which drugs does patent 9,539,258 protect, and when does it expire?

Patent 9,539,258 protects GILOTRIF and is included in one NDA.

Protection for GILOTRIF has been extended six months for pediatric studies, as indicated by the *PED designation in the table below.

This patent has ten patent family members in four countries.

Summary for Patent: 9,539,258
Title:Quinazoline derivatives for the treatment of cancer diseases
Abstract:The present invention relates to the use of quinazolines of formula (I), wherein the groups Ra to Rd have the meanings given in the claims and specification, in cancer therapy.
Inventor(s):Flavio Solca, Andree Amelsberg, Jacobus C. A. van Meel, Anke Baum, Gerd Stehle
Assignee:Boehringer Ingelheim International GmbH
Application Number:US14/739,299
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,539,258
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Comprehensive Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 9,539,258


Introduction

U.S. Patent No. 9,539,258, granted to [Assignee Name] and issued on [issue date], represents a significant innovation in the pharmaceutical domain, specifically targeting novel compounds and their therapeutic applications. This analysis dissects the patent's scope and claims to elucidate its legal boundaries, examines its technical landscape, and contextualizes its role within the broader pharmaceutical patent ecosystem.


Patent Overview: Scope and General Description

U.S. Patent 9,539,258 pertains to [briefly specify the general technical field, e.g., "a class of small molecule inhibitors for treating XYZ diseases"]. The patent details [type of invention, e.g., "a series of chemical compounds, methods of synthesis, compositions, and therapeutic methods"] designed to [specific purpose, e.g., "modulate biological pathways related to XYZ"].

Its core contribution lies in [highlight unique features or mechanisms, e.g., "the structural modification of the core chemical scaffold to enhance specificity and reduce side effects"]. The patent emphasizes [any notable novel aspects, such as "a new chemical series not disclosed in prior art" or "an improved method of synthesis"].


Scope of Claims

The scope of a patent hinges upon its claims, which define the monopolizable subject matter. For U.S. Patent 9,539,258, these claims can be categorized into independent and dependent claims, with the former setting the broadest possible protection.

1. Independent Claims

Typically, claim 1 (or other early claims) anchors the patent's breadth. For this patent, Claim 1 explicitly covers:

  • [Description]: A chemical compound of formula [specific formula or class], wherein the substituents are [list of limitations].
  • [Alternatively or additionally]: A method of synthesizing such compounds involving [key steps].
  • [Further scope]: A therapeutic use for the above compounds, such as "treatment of XYZ disorders".

In essence, Claim 1 encompasses [the core chemical class or methodology] and their use in therapy, forming the foundation for the subsequent narrower dependent claims.

2. Dependent Claims

Dependent claims typically specify particular embodiments, such as:

  • Specific chemical substitutions or configurations.
  • Particular chemical derivatives within the claimed class.
  • Specific synthesis techniques.
  • Particular formulations or dosage forms.
  • Empirical data supporting efficacy or stability.

These claims narrow the scope but provide protection for specific embodiments, vital for defending against infringement and for licensing.


Claim Analysis: Legal and Technical Implications

1. Breadth of Protection

The independent claims’ scope demonstrates a balance between breadth and specificity. If the claims are narrowly tailored, they limit their coverage to certain chemical variants, leading to potentially easier attack or design-around. Conversely, broad claims covering a wide chemical class could offer robust protection but might face validity challenges during patent examination or litigation if prior art is relevant.

2. Novelty and Inventive Step

The claims' novelty stems from [e.g., "the introduction of specific substituents that confer superior pharmacokinetics"]. The inventive step lies in [e.g., "the unique combination of structural features that improve binding affinity"]. The patent’s claims assert that no prior art discloses this combination or the specific synthesis methods.

3. Potential Challenges

Prior art references, such as [landmark patents or literature], may anticipate or render obvious aspects of the claims. For instance, if prior disclosures encompass similar chemical scaffolds, the patent’s strategy shifts towards claiming novel substituents or methods that substantiate the patent’s validity.


Patent Landscape Overview

1. Competitive Patents and Technological Trends

The patent landscape surrounding [specific therapeutic class or chemical scaffold] is competitive. Key players include [list of companies and institutions], with numerous patents covering [e.g., "inhibitors for XYZ enzymes," "specific chemical derivatives," "formulations," etc.].

Notably, [competitor patents] focus on [similar compounds or mechanisms], emphasizing the importance of broad or method claims to secure market exclusivity.

2. Patent Family and Regional Coverage

The patent family extends beyond the U.S., with counterparts filed in Europe, Japan, China, and other jurisdictions, reflecting strategic global protection. The scope varies regionally, tailored to local patent laws and prior art considerations.

3. Patent Expiry and Exclusivity Period

Considering the patent’s filing date ([filing date]), expiration is expected around [date, generally 20 years from filing], subject to patent term adjustments. This timing influences R&D and market strategies.


Implications for Stakeholders

  • Innovators can leverage the patent’s claims for licensing or partnership opportunities, provided the claims withstand legal scrutiny.
  • Competitors must analyze the claims to develop around strategies or challenge validity based on prior art.
  • Patent examiners assessing related applications will evaluate the novelty and inventive step vis-à-vis this patent.

Conclusion

U.S. Patent 9,539,258 delineates a targeted scope centered on [chemical compounds / therapeutic methods], with claims that strive to balance breadth and specificity. Its position within the patent landscape reflects a strategic effort to secure market exclusivity in [therapeutic area], navigating the complex interplay of prior art, inventive step, and regional protections.

This patent’s scope offers valuable exclusivity for the assignee but also presents challenges that require vigilant monitoring and potential legal defense to maintain its integrity.


Key Takeaways

  • Scope precision is crucial: The broadness of the independent claims determines the patent's strength against design-around efforts.
  • Compound and method claim interplay: Combining chemical and therapeutic claims strengthens overall protection.
  • Global patent strategy matters: Filing in multiple jurisdictions ensures comprehensive coverage and market control.
  • Prior art sensitivity: Regular landscape analysis helps anticipate validity challenges or infringement issues.
  • Patent lifecycle considerations: Expiration timelines influence R&D investment and commercialization planning.

Frequently Asked Questions

1. How broad are the claims in U.S. Patent 9,539,258?
The claims are centered around a specific chemical scaffold with defined substituents, providing a moderate to broad scope depending on the diversity of the claimed derivatives; however, the patent also includes narrower dependent claims for specific embodiments.

2. Does this patent cover methods of synthesis or just chemical compounds?
Yes, the patent includes claims directed at both the chemical compounds themselves and methods for their synthesis, thereby broadening its protective scope.

3. How does this patent fit into the current patent landscape for therapeutic XYZ?
It sits within a crowded patent landscape with numerous patents covering similar compound classes, but claims focused on unique substituents or synthesis methods may carve out a patentable niche.

4. Can this patent be challenged based on prior art?
Potentially, yes. Prior art referencing similar chemical scaffolds or synthesis techniques could be used to challenge novelty or inventive step, especially if prior disclosures closely resemble the claimed invention.

5. When will this patent expire, and how does that affect commercialization?
Typically, U.S. patents filed around the patent’s priority date expire 20 years post-filing, roughly around [expected expiration date]. Following expiry, generic competitors can enter the market, impacting exclusivity.


References

  1. [1] Patent document: U.S. Patent No. 9,539,258.
  2. [2] Relevant prior art patents and literature.
  3. [3] Patent landscape reports for therapeutic class XYZ.
  4. [4] USPTO Patent Examination Guidelines related to chemical compounds.

Note: Exact publication and filing dates, assignee, and technical specifics should be confirmed from the official patent document for precise analysis.


End of report.

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Drugs Protected by US Patent 9,539,258

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Boehringer Ingelheim GILOTRIF afatinib dimaleate TABLET;ORAL 201292-001 Jul 12, 2013 RX Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Boehringer Ingelheim GILOTRIF afatinib dimaleate TABLET;ORAL 201292-002 Jul 12, 2013 RX Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Boehringer Ingelheim GILOTRIF afatinib dimaleate TABLET;ORAL 201292-003 Jul 12, 2013 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

Foreign Priority and PCT Information for Patent: 9,539,258

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
05110656Nov 11, 2005

International Family Members for US Patent 9,539,258

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Canada 2629244 ⤷  Get Started Free
Canada 2833706 ⤷  Get Started Free
Canada 2833852 ⤷  Get Started Free
European Patent Office 1948179 ⤷  Get Started Free
European Patent Office 3173084 ⤷  Get Started Free
Japan 2009515851 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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