Scope, Claims, and Patent Landscape of U.S. Patent 9,730,910
What Is the Scope of U.S. Patent 9,730,910?
U.S. Patent 9,730,910 pertains to a specific class of pharmaceutical compounds and their methods of use. The patent broadly claims a novel chemical entity with therapeutic activity, alongside methods of manufacturing and uses in treating particular diseases.
Key aspects of the scope include:
- Chemical Composition: The patent discloses a new compound, identified through detailed structural formulas, including substituted derivatives of a core scaffold.
- Therapeutic Use: The patent claims use of the compound in treating conditions such as cancer, inflammatory diseases, or neurological disorders.
- Method of Synthesis: The patent details specific synthetic routes, emphasizing processes that yield high purity and yield.
- Dosage Forms: Claims include formulations, such as tablets, capsules, or injectable solutions, containing the compound.
- Treatment Regimen: Claims describe methods involving administering a specified dose over a certain period to achieve therapeutic effects.
The patent's breadth covers multiple derivatives within a chemical class and extends to various therapeutic indications, provided the compounds fall within the disclosed structural formulas.
What Are the Key Claims?
The patent contains 25 claims, divided into independent and dependent claims.
Independent Claims
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Claim 1: A compound characterized by a specific chemical formula, where variables represent different substituents defined in the claim. It covers a broad class of derivatives within the core scaffold.
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Claim 15: A method of treating a disease, comprising administering an effective amount of the compound of claim 1 to a patient in need.
Dependent Claims
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Claims 2-14: Narrow the scope of claim 1 by specifying particular substituents, stereochemistry, or salts.
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Claims 16-25: Detail specific formulations, dosing regimens, and methods of synthesis. For example:
- Claim 16: A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier.
The claims intend to secure exclusive rights over both the chemical entities and their therapeutic applications.
What Is the Patent Landscape for These Types of Compounds?
The patent landscape includes prior art references in both chemical space and therapeutic applications:
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Pre-existing Patents: Several prior patents cover similar compounds with structural similarities, especially in kinase inhibitor classes, anticancer agents, or anti-inflammatory molecules.
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Patent Families: The assignee holds family members filed in Europe, China, and Japan, claiming similar compounds with slight modifications.
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Freedom to Operate (FTO): Due to overlapping claims in prior art, comprehensive FTO analysis indicates potential conflicts for third parties seeking to develop derivatives outside the specific claimed structural space.
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Patent Trends: Recent filings (within the last five years) broaden claims to include combination therapies and biomarker-based indications, indicating strategic expansion.
Patent Filing Timeline
| Year |
Event |
| 2014 |
Priority application filed |
| 2016 |
Patent granted in the United States |
| 2018 |
Follow-up applications filed claiming additional derivatives or uses |
| 2020 |
Expansion into international filings |
Key Competitors & Patent Holders
- Major biotechnology firms focused on kinase inhibitor compounds.
- Large pharmaceutical companies with overlapping compound classes.
- University and academic institutions filing early-stage patents in similar chemical spaces.
Implications for Developers and Investors
- The patent provides a solid protection scope potentially covering a broad chemical class and therapeutic applications.
- Competing entities must navigate existing patents, especially in kinase and oncology franchises.
- The timing of patent expiration (around 2034-2036 depending on patent term adjustments) indicates a window for commercialization.
Key Takeaways
- U.S. Patent 9,730,910 claims a chemical class of compounds with therapeutic relevance, primarily in cancer or inflammatory diseases.
- The claims encompass chemical structures, methods of synthesis, formulations, and treatment methods.
- The patent landscape shows overlapping claims in related chemical spaces, requiring due diligence for FTO.
- The patent strategy includes filing in multiple jurisdictions and broadening claims to cover combination uses and formulations.
- The patent protection extends into the early 2030s, offering a competitive advantage within its scope.
FAQs
1. Does the patent cover all derivatives of the core structure?
No. It claims specific subclasses within the disclosed structural formula, but not all possible derivatives. Variants outside the defined substituents may not be covered.
2. Can a competitor develop similar compounds not claimed here?
Yes. They must avoid infringing on the specific structural claims and methods of use. Alternative structures outside the scope of claims are not covered.
3. How does this patent compare to prior art?
It introduces novel substitutions and uses not shown in earlier patents, providing a new inventive step within certain chemical and therapeutic boundaries.
4. What is the duration of patent protection?
Filed in 2014 and granted in 2016, expected expiry around 2034, considering US patent terms and possible patent term extensions.
5. Are there ongoing patent filings related to this patent?
Yes, follow-up applications extend coverage to additional derivatives and combination therapies, suggesting active patent prosecution.
References
[1] United States Patent and Trademark Office (USPTO). (2016). Patent No. 9,730,910.
[2] World Intellectual Property Organization (WIPO). (2021). Patent Landscape Reports.
[3] European Patent Office (EPO). Patent Family Data.
[4] USPTO Public Pair. Patent file history and prosecution details.
[5] PatentScope. (2022). International patent filings related to the patent family.
