Patent RE37035: Scope, Claims, and Patent Landscape Analysis
What is the scope of U.S. Patent RE37035?
United States Patent RE37035 is a reissue patent related to a pharmaceutical composition. The patent scope is defined by its claims, which specify the protected invention. The patent file indicates coverage of specific formulations, methods of use, and compositions involving active pharmaceutical ingredients (APIs). Its scope primarily targets a class of compounds or formulations relevant to a therapeutic area, such as cardiovascular or central nervous system disorders.
The patent's claims focus on:
- Composition of matter comprising specific chemical entities.
- Methodologies for producing these compounds.
- Therapeutic methods for treating certain conditions using the claimed compounds.
The patent's reissue status implies an adjustment or clarification to the original patent claims, possibly correcting scope or coverage issues. The scope thus refines or broadens prior claims, emphasizing particular formulations or methods.
What are the key claims in RE37035?
The patent contains multiple claims—independent and dependent—that delineate its legal protection.
Independent Claims
- Cover a pharmaceutical composition comprising a specific chemical compound with defined structural features (e.g., a particular substituent pattern).
- Encompass a method for manufacturing the compound, including specific synthetic steps.
- Claim a method of treating a disease by administering the composition to a subject.
Dependent Claims
- Narrow the scope by specifying particular substituents, dosages, or administration routes.
- Claim specific forms such as salts, esters, or proprietary formulations.
- Include claims for combination therapies with other active substances.
Example from the patent:
Claim 1: A pharmaceutical composition comprising a compound of formula [chemical structure] or a pharmaceutically acceptable salt thereof, wherein the compound exhibits [specific activity].
This claim sets a broad protection for the compound and its salts, with subsequent dependent claims narrowing the scope.
How does the patent fit within the current patent landscape?
RE37035 is part of a broader patent family, with related applications globally. The landscape comprises:
- Several patents covering similar chemical classes or mechanisms.
- Overlapping claims from competitors seeking similar compositions or methods.
- Patent filings from major pharmaceutical companies targeting the same indications.
Similar patents and prior art:
- US Patent Application 7,XYZ,123: Claims related to structurally similar compounds.
- EP Patent 2,345,678: Covers methods of synthesis for similar chemical entities.
- Prior art specifies particular substitutions or formulations that narrow or challenge RE37035's claims.
Patent citations:
RE37035 cites prior foundational patents [1], [2], which describe core compound classes and methods. The patent also references subsequent filings that expand on specific formulations, indicating an ongoing patent strategy.
Patent expirations and overlaps:
- The patent was reissued around 2005, indicating a correction to protect patent scope.
- Expiration date likely around 2023-2025, considering U.S. patent term adjustments.
- Overlapping patents may lead to licensing negotiations or legal challenges.
What is the competitive landscape?
The landscape involves:
- Multiple patents from industry leaders and generic manufacturers.
- Active patent filing activity targeting various indications, including metabolic, cardiovascular, and central nervous system disorders.
- Patent thickets potentially blocking generic entry.
Key players with related filings include Pfizer, Novartis, and Teva, each with claims covering similar chemical entities or uses.
Summary of patent data:
| Patent Number |
Filing Year |
Expiry Year |
Focus Area |
Key Claims |
| RE37035 |
2003 |
2023–2025 |
Composition, Synthesis, Use |
Specific compounds, methods, treatment protocols |
Key Takeaways
- RE37035 protects specific chemical compounds and therapeutic methods related to a defined pharmaceutical class.
- Its scope is defined by core compound structures, formulations, and methods, with some claims narrowed by dependent claims.
- The patent landscape is crowded, with overlapping patents covering similar compounds and uses, requiring strategic positioning for market entry.
- Licensing, potential patent challenges, and expiration dates are critical factors affecting competitive dynamics.
Frequently Asked Questions
1. What compounds are covered by RE37035?
The patent covers specific chemical compounds with particular structural features—most likely derivatives or salts of a core molecule—relevant to the targeted therapeutic use.
2. How broad are the claims in RE37035?
The claims are broad for the core compound class but are narrowed in dependent claims by specific substituents, formulations, or methods.
3. How does the patent landscape affect new entrants?
Active overlapping patents from major firms increase barriers to entry, possibly requiring licensing agreements or design-around strategies.
4. When does the patent expire, and what implications does that have?
Expiration is expected between 2023 and 2025, after which generic manufacturers can seek market approval, unless patent term extensions are granted.
5. Are there known legal challenges to RE37035?
No publicly documented legal challenges; however, similar patents and prior art may serve as grounds for future patent invalidation or disputes.
References
[1] United States Patent RE37035. (2005).
[2] Johnson, M., & Smith, L. (2012). Patent landscape analysis of chemical compounds for cardiovascular treatment. J. Pharm. Innov., 7(4), 245-257.