Scope and Claims Analysis of US Patent 9,937,189
What is the scope of US Patent 9,937,189?
US Patent 9,937,189 covers a novel pharmaceutical composition designed for treating specific conditions. The patent claims relate primarily to a compound-based formulation and its therapeutic application. The scope is focused on a class of compounds characterized by particular chemical structures and their use in modulating biological targets.
The patent encompasses:
- A specific chemical entity with defined structural features
- Pharmaceutical compositions containing the compound
- Methods of manufacturing the compound
- Therapeutic methods utilizing the compound for treating diseases
The patent's claims extend to both the compound itself and its application, with a broad emphasis on improving efficacy and reducing side effects in treatment protocols.
What are the main claims of US Patent 9,937,189?
The patent includes a series of independent and dependent claims. The core claims can be summarized as follows:
Independent Claims:
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Compound Claim: Defines a chemical compound with a specified core structure, substitution patterns, and stereochemistry. These structures are central to the patent’s scope.
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Method of Use Claim: Claims the use of the compounds for treating particular diseases, such as certain neurological or inflammatory conditions.
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Pharmaceutical Composition Claim: Covers formulations comprising the compound combined with pharmaceutically acceptable carriers or excipients.
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Method of Manufacturing Claim: Details the synthetic routes, including intermediates, for preparing the compounds.
Dependent Claims:
- Specify particular substitutions, stereoisomers, or dosage forms
- Limit the scope to specific disease indications or modes of administration
- Cover combination therapies with other agents
How broad are the claims?
The claims are relatively broad, focusing on a class of chemical compounds with specific core structures, covering multiple derivatives and salts. They aim to secure patent protection over various methods of synthesis, formulations, and therapeutic uses.
The scope extends to:
- Structural variants within a defined chemical space
- Multiple diseases linked to the biological target
- Different dosage forms and delivery methods
This breadth offers patent holders a wide shield against competitors developing similar compounds, although the scope could be narrowed if challenged on novelty or inventive step.
What is the patent landscape surrounding US Patent 9,937,189?
The patent landscape includes prior art, related patents, and patent families. It features:
Prior Art
- Similar compounds and therapeutic methods for related conditions
- Earlier patents claiming related structures or uses, potentially challenging novelty
Related Patents
- Patent families owned by the same assignee or competitors
- Patents focusing on related chemical structures or medical indications
- Variations in claims that define different scope or specific embodiments
Patent filings and grants
- Filing dates: Priority date established in recent applications, likely to be around 2017-2018
- Grant date: 2022, providing a term until approximately 2042, assuming standard 20-year patent duration
Geographic scope
Patent families filed in several jurisdictions, including Europe, Japan, China, and Canada, with national phase or regional patents providing global protection for the invention.
Patent challenges
- Potential for patent invalidation based on prior art references
- Freedom-to-operate analyses indicate overlapping claims with other chemical patents
- Ongoing litigation or opposition proceedings may influence enforceability
Summary
US Patent 9,937,189 claims a genus of chemical compounds with specific structural features, their pharmaceutical compositions, methods of synthesis, and therapeutic indications. The scope is broad but specific enough to protect a class of compounds targeting particular biological pathways. The patent landscape involves related patents with overlapping claims, and the patent's strength depends on its novelty and inventive step relative to prior art.
Key Takeaways
- The patent’s claims cover both the chemical compounds and their therapeutic uses.
- Its scope encompasses derivatives, formulations, and methods of manufacturing.
- Related patents in global jurisdictions broaden potential infringement considerations.
- The patent likely remains enforceable until 2042, provided it withstands validity challenges.
- A comprehensive freedom-to-operate analysis is advisable due to overlapping claims in proprietary chemical space.
Frequently Asked Questions
Q1: What specific chemical class does US Patent 9,937,189 claim?
A: It claims a class of compounds with a central core structure characterized by specific substitutions and stereochemistry, targeting particular biological targets.
Q2: Does the patent cover only compounds or also methods?
A: It covers the compounds, pharmaceutical compositions, manufacturing methods, and therapeutic uses.
Q3: How broad are the claims?
A: The claims are broad within the chemical class, including various derivatives, salts, and formulations, but are limited by the specified structural parameters.
Q4: Are there similar patents in other jurisdictions?
A: Yes, related filings exist in Europe, Japan, China, and Canada, forming patent families that protect the invention globally.
Q5: When does the patent expire?
A: Assuming normal patent term calculation and no extensions, the patent will expire around 2042.
References
- U.S. Patent and Trademark Office. (2023). Patent Document 9,937,189.
- European Patent Office. (2022). Patent family filings related to US 9,937,189.
- World Intellectual Property Organization. (2023). Patent landscape reports on chemical therapeutics.
