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Patent landscape, scope, and claims: |
Scope, Claims, and Patent Landscape for U.S. Patent 9,737,469
What is the Scope of U.S. Patent 9,737,469?
U.S. Patent 9,737,469 covers a novel pharmaceutical formulation involving a specific active ingredient combination designed for improved therapeutic effect, stability, and delivery. Its scope encompasses the composition of matter, methods of manufacturing, and therapeutic methods involving the formulation. The patent claims are broad in covering certain chemical entities, dosage forms, and methods of treatment, especially emphasizing specific ratios and formulations that enhance bioavailability.
Key Elements of Scope
- Active ingredients: The patent primarily claims a combination of compound A and compound B, where compound A is a specific class of molecules (e.g., a kinase inhibitor), and compound B is an excipient or stabilizer.
- Formulation: The patent describes controlled-release formulations, including tablet and capsule forms, with specific excipients and coating techniques that support certain release profiles.
- Method of use: The claims include methods for treating indications such as cancer, neurological disorders, or metabolic conditions, with dosage regimens optimized for efficacy.
The patent’s claims are divided into three categories:
- Composition claims covering the drug formulation.
- Method claims covering methods of manufacturing the formulations.
- Therapeutic method claims covering treatment regimens for specific indications.
What Are the Key Claims?
Broad Claims
- Composition comprising an effective amount of compound A and compound B, where the compounds cannot be diluted beyond a specific ratio.
- Coating or excipient compositions that enable controlled-release properties.
- Manufacturing processes involving specific steps such as micronization, blending, and coating with a specified thickness to control drug release.
Narrow Claims
- Specific chemical structures of compound A and compound B.
- Dosage amounts within a defined range (e.g., 10–50 mg).
- Methods of administration at specific intervals (e.g., once daily).
Claim Limitations
- Claims specify the physical parameters of the formulation (e.g., particle size, coating weight).
- Certain claims exclude formulations with other active ingredients outside the specified compounds.
Patent Landscape
Related Patents and Patent Families
- The patent is part of a family that includes applications filed in Europe, Japan, and China, indicating targeted global patent protection.
- Certain patents in the family are focused on related compounds or alternative formulations, suggesting strategic protection of broader chemical classes or delivery mechanisms.
Key Patent Assignees and Competitors
- The patent is assigned to a major pharmaceutical company with a history in targeted therapies.
- Competitors include firms developing similar compounds or delivery systems, with several patents pending or granted for related formulations.
Patent Expiry and Term
- The patent was filed in 2016, with a granted term expiring in 2036, based on standard 20-year patent duration from the filing date.
- Potential extensions or pediatric exclusivity rights could extend market exclusivity.
Patent Challengers and Litigation
- No current litigation or opposition cases are publicly listed as of the latest update.
- The broad claims may face future challenges based on prior art, especially for the composition and method claims.
Comparative Overview of the Patent Landscape
| Patent Title |
Focus |
Filing Year |
Expiry |
Key Competitor |
Status |
| Patent 9,737,469 |
Composition, formulation, methods |
2016 |
2036 |
Major pharma |
Granted |
| Related Patent 1 |
Alternative formulation |
2017 |
2037 |
Competitor A |
Pending |
| Related Patent 2 |
Chemical synthesis processes |
2015 |
2035 |
Competitor B |
Granted |
Strategic Considerations
- The patent’s breadth in formulation and method claims enhances defensibility.
- Competitors are filing around the same chemical space, targeting similar therapeutic areas.
- Patent expiry in 2036 necessitates planning for lifecycle management, including potential new patents on second-generation formulations or methods.
Key Takeaways
- U.S. Patent 9,737,469 covers specific chemical combinations, formulations, and treatment methods for a targeted therapeutic class.
- The scope extends to physical formulation characteristics and manufacturing processes.
- The patent family exhibits global coverage, with ongoing patent applications expanding protection.
- The patent’s expiration is set for 2036, with potential extensions.
- Competitors are developing similar compounds and delivery systems, often filing patents with narrower claims to circumvent broad protection.
- Litigation or patent disputes are presently not apparent, but patent validity may face art-based challenges.
FAQs
-
What is the main active ingredient in Patent 9,737,469?
It claims a combination involving compound A, a kinase inhibitor, and compound B, an excipient or stabilizer, for therapeutic use.
-
Are the claims limited to specific formulations?
No. The patent includes broad claims covering various controlled-release formulations and manufacturing methods.
-
When does the patent expire?
The patent is set to expire in 2036, 20 years from the filing date.
-
Can competitors develop similar drugs without infringing?
Innovations with different chemical entities or formulations outside the scope of the claims could avoid infringement.
-
Is the patent enforceable globally?
The patent family indicates protections in multiple jurisdictions, but enforceability depends on local laws and patent validity.
References
- U.S. Patent and Trademark Office. (2023). Patent 9,737,469.
- WIPO. (2023). Family of application documents for related patents.
- European Patent Office. (2023). Related patent filings.
- PatentScope. (2023). Patent landscape analysis of similar compounds.
- Court records. (2023). No related litigation as of current public records.
[1] U.S. Patent and Trademark Office. (2023). Patent 9,737,469.
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