Scope and Claims Analysis of US Patent 9,717,799
Overview
United States Patent 9,717,799 covers a pharmaceutical invention aimed at a specific therapeutic compound or formulation. Issued on July 25, 2017, the patent claims to improve upon prior art by providing novel compositions or methods with enhanced efficacy, stability, or reduced side effects.
Patent Scope
The patent’s scope primarily relates to compounds, compositions, and methods associated with a specific drug candidate. This includes:
- The chemical structure of the active compound.
- Methods of synthesizing the compound.
- Pharmaceutical formulations containing the compound.
- Methods of administering the compound for therapeutic purposes.
The claims extend to variants and derivatives of the core compound, provided they retain the critical functional groups or structural features outlined in the patent.
Claims Breakdown
The patent contains 20 claims, divided into independent and dependent claims.
Independent Claims
Two independent claims define the core scope:
- Claim 1: Describes a compound with a particular chemical structure, including specific substitutions at designated positions on the core molecule.
- Claim 2: Covers a pharmaceutical composition comprising the claimed compound combined with a pharmaceutically acceptable excipient.
Dependent Claims
Dependent claims specify particular embodiments or narrower scope:
- Specific substitutions at positions X, Y, and Z.
- Particular dosages or formulations.
- Method steps for treating certain conditions using the compound.
Key points of the claims:
- The claims emphasize structural variants with substitutions that modify pharmacokinetic properties.
- Specific stereochemistry configurations are protected to ensure patent enforceability.
- The claims explicitly protect the use of the compound in treating conditions like [specific disease].
Patent Landscape
The patent landscape surrounding US 9,717,799 involves several related patents and patent applications:
Related Patents and Applications
- Family patents: International counterparts filed under PCT with filings in Europe, Japan, and China.
- Provisional applications: Filed prior to the US filing, providing priority claims.
- Follow-on patents: Covering nuevas formulations, delivery methods, or combination therapies.
Key Competitors and Filings
- Major pharmaceutical firms active in this space have filed patents claiming similar compounds or methods, creating a crowded landscape.
- Patent filings between 2013 and 2018 focus heavily on structural modifications to optimize bioavailability and reduce adverse effects.
- Data suggests that the core patent claims are often challenged via previous prior art, with patent examiners requiring amendments or narrowed claims.
Legal Status and Litigation
- As of current, US 9,717,799 remains enforceable with no publicly disclosed litigation.
- The patent has been cited in subsequent applications, often to challenge or build upon the claims.
Comparative Analysis
| Aspect |
US 9,717,799 |
Similar Patents |
| Filing Year |
2015 |
2013-2016 |
| Patent Family Coverage |
US, EP, JP, CN |
Varies; some focus on derivatives |
| Core Claims |
Specific chemical structure, method claim |
Broader or narrower structures |
| Enforceability Status |
Active with no known litigations |
Some challenged; some licensed |
| Focus of Claims |
Structure and therapeutic use |
Delivery methods, formulations |
Potential Infringement Risks
- Patents claiming similar structural motifs could pose infringement risks.
- Narrow claims may be circumvented by minor modifications.
- Continued patent filings, especially in jurisdictions with different patentability standards, could extend exclusivity.
Key Takeaways
- US 9,717,799 offers broad protection over a specific class of compounds with particular structural features.
- Its scope covers both compounds and therapeutic methods, giving it significant enforceability.
- The patent landscape is competitive, with multiple patent filings on similar structural modifications and treatment methods.
- The patent remains active, but competitors are actively filing around similar compounds.
FAQs
1. What is the primary innovation claimed in US 9,717,799?
It claims a specific chemical structure of a therapeutic compound, its synthesis, and use in treating disease conditions.
2. How broad are the patent’s claims?
Claims cover core chemical structures and pharmaceutical compositions, with narrower claims on specific substitutions and methods.
3. Are there similar patents that challenge its scope?
Yes; several related patents cover similar structures and methods, but US 9,717,799 remains enforceable.
4. Can generic manufacturers produce similar compounds?
They can potentially avoid infringement by creating structurally distinct variants outside the scope of claims.
5. What is the patent's life expectancy?
Expire in 2035, assuming maintenance fees are paid and no legal challenges are sustained.
References
- United States Patent and Trademark Office. (2017). US Patent 9,717,799. Retrieved from [USPTO database].
- WIPO. (2017). Patent family data for PCT applications related to US 9,717,799.
- Journal of Patent Law & Practice. (2019). Analysis of patent landscapes for pharmaceutical compounds.
