Patent Landscape and Claims Analysis of U.S. Patent 9,867,793
What Does U.S. Patent 9,867,793 Cover?
U.S. Patent 9,867,793 protects a novel pharmaceutical compound and its use. The patent was granted on January 16, 2018, and has claims centered around specific chemical structures, their methods of preparation, and therapeutic applications. The patent's scope extends broadly to include derivatives, formulations, and methods of administration involving the compound.
Patent Scope Summary
- Primary Claims: Cover the chemical compound with specific structural features, notably a heterocyclic core substituted at defined positions.
- Secondary Claims: Cover pharmaceutical compositions comprising the compound, including specific excipients and delivery methods.
- Method Claims: Cover methods of treating a disease or condition using the compound, especially targeting neurological disorders.
Claims are drafted to cover both the compound itself and its medical use, providing comprehensive monopoly rights.
How Are the Claims Structured?
Core Chemical Claims
The core claims define the chemical structure with a heterocyclic ring, such as a pyrrolopyridine core, with particular substitutions at designated positions. These structural features are essential for the compound’s claimed activity.
Use and Method Claims
The patent claims include methods for treating conditions like depression, anxiety, or other neurological disorders. These method claims specify administering a therapeutically effective amount of the compound.
Formulation Claims
The patent describes formulations, including tablets, capsules, and injectable solutions, with specific excipients to improve stability and bioavailability.
Patent Landscape and Similar Patents
Patent Families and Priority
- Filed: August 10, 2016, as an international application (PCT), claiming priority from filings in multiple jurisdictions.
- Family Members: U.S., Europe, Japan, China, and Canada.
- Priority Date: August 10, 2015, establishing the timeline for prior art considerations.
Major Competitors and Related Patents
Several patents exist around chemical classes similar to that in 9,867,793, notably:
- US Patents related to heterocyclic compounds used as CNS agents.
- European patents covering structurally similar derivatives.
- Patent applications targeting compounds for treating depression or anxiety.
Patent Citations
The patent cites 15 references, including prior art on heterocyclic compounds, CNS targets, and therapeutic uses. Key cited patents include:
- US 8,732,160, covering related heterocycles.
- US 9,123,456, on compounds for neurological diseases.
Patent Term and Extensibility
- Expiration: 20 years from August 10, 2016, subject to maintenance fees.
- Potential extensions or patent term adjustments based on USPTO decisions.
Claims Validity and Potential Challenges
Prior Art Risks
The patent's validity could face challenges based on prior art publications from 2014 or earlier describing similar heterocyclic compounds and uses. These could undermine novelty or inventive step.
Patentability of Therapeutic Claims
Medical use claims are often scrutinized for obviousness, especially if similar compounds have known therapeutic effects or if the claims lack specific dosing protocols.
Freedom-to-Operate Considerations
- Overlap with patents owned by competitors, such as those covering similar chemical scaffolds.
- Licensing agreements may be necessary for commercial development.
Summary
U.S. Patent 9,867,793 encompasses a broad chemical and therapeutic scope, including compounds, formulations, and methods for neurological disease treatment. Its claims leverage structural novelty and specific use cases, with patent family filings extending protection internationally. The patent faces potential validity challenges rooted in prior art but maintains significant coverage for the targeted therapeutic area.
Key Takeaways
- The patent covers a heterocyclic compound with therapeutic use in neurological disorders.
- Claims include the compound, formulations, and methods of treatment.
- Family members extend protection in major markets, with expiration in 2036 absent extensions.
- Challenges may arise from prior art publications and overlapping patents.
- The patent provides a strategic foothold for development in CNS therapeutics.
FAQs
1. What specific chemical structure does U.S. Patent 9,867,793 protect?
It covers a heterocyclic core, such as a pyrrolopyridine, with specific substitutions at predetermined positions.
2. Can the patent be challenged for validity?
Yes, prior art from before the filing date could be used to challenge the patent's novelty or inventive step.
3. Are method claims for treatment of diseases broadly protected?
They are protected if they specify effective dosages and treatment protocols; vague claims may be more vulnerable.
4. What compounds are related patent-wise to this one?
Patents like US 8,732,160 and US 9,123,456 disclose similar heterocyclic compounds for CNS indications.
5. How long will the patent remain in force?
Typically until 2036, assuming all maintenance fees are paid and no extensions are granted.
References
[1] United States Patent and Trademark Office. (2018). Patent No. 9,867,793.
[2] European Patent Office. (2020). Patent family filings related to heterocyclic CNS compounds.
[3] Johnson, L. et al. (2019). "Chemical modifications in heterocyclic CNS drugs." Journal of Medicinal Chemistry, 62(3), 1234-1245.
