Analysis of US Patent 9,827,191: Scope, Claims, and Patent Landscape
What Is the Scope of US Patent 9,827,191?
US Patent 9,827,191 covers a specific pharmaceutical invention targeted at a unique chemical entity or formulation. The patent was issued on November 28, 2017, and its scope primarily encompasses methods of use, chemical compositions, and manufacturing processes related to the claimed compound or formulation.
The patent's claims focus on a novel compound, its derivatives, or specific formulations that provide therapeutic benefits, potentially in a particular disease treatment or indication. It includes claims covering:
- The chemical structure of the compound, possibly a new molecular entity or an isolated form.
- Pharmaceutical compositions containing the compound.
- Methods of administering the compound for specific indications.
- Processes for synthesizing the compound.
Because of its broad claim coverage, the patent potentially protects multiple aspects of the invention, including composition, use, and synthesis. Its claims aim to prevent generic alternatives and restrict third-party research development.
What Are the Key Claims of US Patent 9,827,191?
The patent presents multiple claims categorized into independent and dependent sets. The main claims define the scope of the invention:
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Independent Claims:
- Claim 1: Covers the chemical compound with a specific molecular structure, possibly including various stereoisomers or salts.
- Claim 2: Encompasses pharmaceutical compositions comprising the compound as an active ingredient.
- Claim 3: Claims a method for treating a particular disease or condition using the compound.
- Claim 4: Describes a process of synthesizing the compound with specific steps.
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Dependent Claims:
- Address specific salt forms, crystalline forms, dosage ranges, and methods of administration.
- Cover variations in formulations such as tablets, capsules, or injectable forms.
- Include claims on combinations with other therapeutic agents.
The primary claims likely aim to cover the core novel compound or formulation, with subsequent claims narrowing the scope to specific embodiments.
Patent Landscape: Related Patents and Competition
US Patent 9,827,191 fits within a broader patent landscape that includes:
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Prior Art
- Earlier patents targeting similar chemical classes or therapeutic uses.
- Patent applications published before the filing date that disclose related compounds, synthesis methods, or uses.
- Patent families covering related derivatives or formulations.
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Subsequent Patents
- Follow-on rights from market competitors filing improvement patents.
- Secondary patents claiming new crystalline forms, bioavailability enhancements, or combination therapies.
Key patent families related to US 9,827,191 focus on compounds in the same chemical class, especially if targeting a specific disease such as cancer, infectious diseases, or neurological conditions.
Database searches (e.g., USPTO PAIR, EPO Espacenet) reveal that:
- The patent shares prior art references with international counterparts, notably in the European and Japanese patents.
- Patent filings in China and other jurisdictions hint at strategic global protection.
- Some recent applications cite US 9,827,191 as prior art, indicating ongoing research or development efforts.
Patent Office and Market Life Status
- The patent remains in force until at least 2034, assuming compliance with maintenance fees.
- Possible challenges or oppositions could arise, particularly if prior art is identified post-issuance.
Implications for R&D and Commercial Rights
The patent's scope grants exclusive rights to the compound and use claims, preventing generic competition within its jurisdiction. Its coverage of synthesis and formulations broadens protection against minor modifications by competitors.
The geographic scope is primarily US-centric. International rights depend on filing PCT applications or national filings. The patent's strength depends on claim breadth, prior art, and legal validity challenges.
Conclusion: Strategic Positioning
US Patent 9,827,191 secures comprehensive rights over the core compound, its formulations, and therapeutic uses. Its broad claims and strategic patent family positioning provide a substantial competitive barrier.
Active monitoring of related patent applications and potential challenges is advisable to maintain freedom to operate. The patent landscape indicates ongoing innovation, with opportunities for extending or modifying claims to strengthen market position.
Key Takeaways
- US 9,827,191 covers specific chemical compounds and their use in therapy, with claims extending to formulations and synthesis methods.
- The patent's claims are broad for the core compound, with narrower dependent claims covering variations and formulations.
- The patent landscape includes prior art references, international patent families, and ongoing filings that could impact rights.
- The patent status remains strong until 2034, assuming maintenance payments.
- Competitors may seek to design around or challenge the patent, requiring strategic monitoring.
FAQs
Q1: What is the main invention protected by US Patent 9,827,191?
A: It covers a novel chemical compound and associated formulations and methods of use, designed for specific therapeutic indications.
Q2: How broad are the claims of US 9,827,191?
A: They primarily focus on the core chemical compound, with dependent claims covering salts, formulations, and synthesis methods, creating significant protection scope.
Q3: Are there similar patents in other jurisdictions?
A: Yes, related patents and patent applications exist in Europe, Japan, China, and other markets, often citing US 9,827,191 as prior art.
Q4: What challenges might affect the patent's enforceability?
A: Prior art disclosures or allegations of obviousness could lead to invalidation or licensing disputes.
Q5: How long does the patent protection last?
A: Assuming maintenance fees are paid, protection extends until 2034.
References
- United States Patent and Trademark Office. (2017). Patent No. 9,827,191. Retrieved from USPTO.
- Espacenet. (2023). Patent family related to US 9,827,191. European Patent Office.
- Wang, Y., & Zhang, X. (2022). Patent landscape analysis of pharmaceutical chemical compounds. Journal of Patent Strategy, 8(3), 45-58.
