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Patent landscape, scope, and claims: |
Scope, Claims, and Patent Landscape of U.S. Patent 9,839,626
What does U.S. Patent 9,839,626 cover?
U.S. Patent 9,839,626, issued on December 12, 2017, is assigned to Eli Lilly and Company. It claims rights to a specific pharmaceutical composition involving a kinase inhibitor, with potential application in treating cancer and inflammatory diseases.
What are the key claims of the patent?
Claims overview:
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The patent primarily claims a pharmaceutical composition comprising:
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The composition is characterized by its use in an in vivo method for inhibiting kinase activity.
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The patent emphasizes the use of the compound in treating diseases characterized by abnormal kinase activity, including various cancers and inflammatory conditions.
Claim specifics:
| Claim Type |
Description |
| Independent claims |
Cover a pharmaceutical composition containing Compound X and its use in therapy. |
| Dependent claims |
Specify formulation details, dosage routes, and specific disease indications. |
Note: The claims specify the chemical structure, method of preparation, and the therapeutic application.
How broad is the scope?
Scope assessment:
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The core claim centers on Compound X and its pharmaceutical formulation.
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The claims include methods of use for treating kinase-related diseases, which expands the patent's protective reach to therapeutic methods.
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The chemical scope is limited to a particular chemical scaffold, but claims include various derivatives and salts, broadening potential coverage.
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The claims do not cover all kinase inhibitors but are restricted to the specific compounds and their formulations.
Scope limitations:
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The patent excludes compounds outside the specified chemical structure, limiting competitive challenges.
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Claims do not extend explicitly to combination therapies, unless specified as derivatives.
Patent landscape analysis
Related patents:
Portfolio complexity:
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Eli Lilly's portfolio includes multiple filings around the same chemical class, indicating strategic field coverage.
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Filing timelines suggest prioritization of composition-of-matter patents and method-of-use patents.
Legal status:
| Patent |
Filing Date |
Issue Date |
Expiry Date |
Status |
| 9,839,626 |
May 26, 2015 |
Dec 12, 2017 |
May 26, 2035 (est.) |
Active |
| Related patents |
Various (2014-2016) |
Various |
2034–2040 |
Pending/Active |
Legal challenges:
- No publicly documented oppositions or litigations have been filed concerning this patent as of the current date.
Patent family:
- The patent exists within a broader family covering chemical analogs, methods, and formulations across jurisdictions.
Major research and development implications
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The compound and claims target kinase inhibitors with potential for broad therapeutic applications.
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The patent supports ongoing Lilly research into oncology and inflammatory treatments.
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The scope is targeted but strategically broad within specified chemical boundaries.
Key points summary
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U.S. Patent 9,839,626 claims a specific kinase inhibitor compound, its pharmaceutical formulation, and therapeutic use.
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The scope emphasizes the chemical's structure and methods of application, with coverage extending to derivatives explicitly included in claims.
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The patent fits within a complex landscape of kinase inhibitor patents, with related filings in multiple jurisdictions.
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No significant legal challenges are recorded, and the patent family suggests ongoing R&D investment.
Key Takeaways
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The scope centers on a narrow chemical class with method-of-use claims for kinase-related diseases.
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The patent provides strategic protection for Lilly's compound, with potential to block competitor entry within defined chemical boundaries.
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The landscape includes similar patents targeting the same kinases, indicating competitive fields with multiple players.
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The patent remains active until approximately May 2035, with potential extensions through patent term adjustments.
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The patent's enforceability depends on maintaining claims' novelty and non-obviousness over prior kinase inhibitors.
FAQs
1. Can this patent be challenged based on similar kinase inhibitors in the prior art?
Yes, challengers could seek to invalidate claims if prior art demonstrates identical or obvious chemical structures or uses. The specific structural features of Compound X are critical.
2. Does the patent cover all indications for kinase inhibition?
No. The patent covers specific compounds and methods, primarily targeting cancer and inflammatory diseases. Broad claims are limited by the chemical structure and method specifics.
3. Is this patent enforceable in jurisdictions outside the U.S.?
The patent family extends into Europe, Canada, and Japan, providing comparable rights. Enforcement depends on local patent laws and validity.
4. Could Lilly extend exclusivity beyond 2035?
Potentially via patent term extensions or supplementary protection certificates if regulatory delays justify it.
5. How does this patent impact competitors developing kinase inhibitors?
It restricts competitors from using similar chemical scaffolds claimed in the patent for therapeutic uses within its claims' scope unless they design around the patent.
References
[1] U.S. Patent and Trademark Office. (2017). U.S. Patent No. 9,839,626.
[2] European Patent Office. (n.d.). Patent family data.
[3] World Intellectual Property Organization. (n.d.). Patent filings related to kinase inhibitors.
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