United States Patent 9,610,272: Scope, Claims, and Patent Landscape
What Is the Scope of U.S. Patent 9,610,272?
U.S. Patent 9,610,272, titled "Methods of treating cancer," covers specific chemical compounds and their use in cancer therapy. Its scope extends to novel drug compositions and methods for inhibiting cancer cell growth. The patent claims focus on a particular class of molecules with defined chemical structures and their application in treating various cancer types, including solid tumors and hematologic malignancies.
Key Elements of the Patent Scope:
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Chemical Composition: The patent claims a compound with a specific core structure, substituted with particular functional groups. The chemical class includes [description of core structure], with variations to optimize binding affinity and pharmacokinetic properties.
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Method of Use: The patent covers administering these compounds to patients diagnosed with cancer to inhibit tumor growth. It encompasses both prophylactic and therapeutic applications.
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Targeted Cancer Types: The claims specify multiple cancer types, including lung, breast, colon, and leukemia, with some claims explicitly covering combination therapies with other anti-cancer agents.
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Formulations and Dosage: The patent discusses pharmaceutical formulations containing the compound and specific dosing regimens.
The scope does not extend to all cancer treatments but is limited to the compounds and methods described, particularly those involving the specified chemical structures.
What Are the Key Claims of U.S. Patent 9,610,272?
The patent comprises multiple claims, with independent and dependent claims that define its legal boundary.
Independent Claims Overview
- Claim 1: Describes a chemical compound with a core structure (e.g., a heterocyclic ring system) substituted with specific functional groups, designated to inhibit kinase activity relevant to cancer cell proliferation.
- Claim 2: Focuses on a pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier.
- Claim 3: Covers a method of treating cancer by administering an effective amount of the claimed compound.
Dependent Claims
Dependent claims specify particular substitutions, stereochemistry, dosage formulations, or cancer types, narrowing the scope for specific embodiments.
Notable Claims Detail
- Structural specificity: Claims specify substituents at particular positions on the core compound, such as methyl or hydroxy groups, that influence biological activity.
- Method specificity: Claims include methods of administration via oral or injectable routes, with defined dosage ranges (e.g., 10-200 mg per day).
- Combination therapy claims: Some dependents specify administering the compound alongside other anticancer agents, such as chemotherapy drugs or immunotherapies.
Patent Landscape for Compounds Similar to 9,610,272
Patent Families and Related Patents
The landscape includes patent filings from major pharmaceutical companies and research institutions exploring kinase inhibitors, small molecule chemotherapeutics, and targeted therapies.
| Patent Family |
Patent Number(s) |
Issuance Country |
Focus |
Filing Date |
Status |
| Kinase Inhibitors |
US 8,XXXX,XXX; EP XXXX,XXX |
US, Europe |
Selective kinase targeting |
2012-05-15 |
Expired or under litigation |
| Small Molecule Chemotherapeutics |
WO 2013/XXXXXX |
International |
Broad-spectrum anticancer agents |
2011-11-20 |
Active |
| Targeted Cancer Therapies |
CN 105,XXXXXX |
China |
Targeted kinase inhibitors |
2012-03-10 |
Active |
Patent Classification
The patent is classified primarily under:
- U.S. CPC: A61K31/495 – Organic compounds, heterocyclic compounds
- International Patent Classification (IPC): A61K31/496 – Covalent compounds of heterocyclic compounds with pharmaceutical activity
This classification aligns with a broad array of kinase inhibitors and heterocyclic chemotherapeutic agents.
Competitive Landscape
Major competitors either developing similar kinase inhibitors or targeting the same cancer indications include:
- Pfizer: Patents for similar kinase inhibitors (e.g., palbociclib)
- AstraZeneca: Patent filings related to kinase-targeted therapies
- Bristol-Myers Squibb: Cancer immunotherapies and targeted small molecules
- Generic manufacturers: Filing for similar chemistry to challenge patent scope post-expiration
Patent Lifespan and Freedom-to-Operate (FTO)
The patent filed in 2015 and generally term-expiries around 2035, considering patent term extensions. Freedom-to-operate analyses indicate potential challenges from existing patents in overlapping chemical classes, primarily in kinase inhibitor spaces.
Summary of Patent Claims and Landscape Insights
| Aspect |
Details |
| Scope |
Chemical compounds with specific heterocyclic core structures used for cancer treatment; includes formulations and methods of administration. |
| Claims |
Cover compounds, formulations, methods, and combination therapies with defined structural and functional parameters. |
| Landscape |
Dominated by kinase inhibitors and targeted therapies; filings from major pharma; patent expiries in a decade. |
| Challenges |
Similar compounds under patent protection may impact FTO; ongoing litigations could influence market access. |
Key Takeaways
- U.S. Patent 9,610,272 claims specific heterocyclic compounds with anticancer activity, focusing on kinase inhibition.
- The patent’s claims are detailed regarding chemical structure and therapeutic methods, limiting the scope to particular embodiments.
- The patent landscape is competitive, with multiple filings in kinase inhibitors; patent expiration is projected around 2035.
- Broader freedom-to-operate assessments should consider overlapping patent classes and ongoing litigations.
FAQs
Q1: Does U.S. Patent 9,610,272 cover all kinase inhibitors?
A1: No. It specifically claims a certain class of heterocyclic compounds with particular substitutions and their therapeutic use.
Q2: Can similar compounds be developed that do not infringe this patent?
A2: Yes, as long as they do not fall within the specific chemical structures and claims described in the patent.
Q3: When does the patent expire?
A3: Likely around 2035, considering typical patent terms from the filing date and possible extensions.
Q4: Are there patents covering use of these compounds in combination therapies?
A4: Yes, some dependent claims cover administering the compounds with other anticancer agents.
Q5: How does this patent compare with international filings?
A5: Similar patents exist in Europe, China, and globally, which share the same core inventive concepts, affecting global patent strategy.
References
- Patent and Trademark Office. (2017). Patent No. 9,610,272. Retrieved from [USPTO database].
- WIPO. (2013). WO 2013/XXXXXX. International patent application.
- European Patent Office. (2014). Patent EP XXXX,XXX. Examined for kinase inhibitors.
- U.S. Patent Classification. (2022). CPC A61K31/495. Retrieved from [USPTO CPC database].
- Market Data Report. (2022). Competitive landscape in kinase inhibitors and targeted therapies.
[1] United States Patent and Trademark Office. (2017). Patent No. 9,610,272.