Patent RE38506: Scope, Claims, and Landscape Analysis
What is the scope of Patent RE38506?
Patent RE38506, issued by the United States Patent and Trademark Office (USPTO), is a reissue patent originally granted as U.S. Patent 7,229,784. It covers compositions and methods related to a specific pharmaceutical compound or class.
Key features:
- Patent type: Reissue patent, indicating correction or broadening of the original patent scope.
- Issue date: March 6, 2012.
- Original patent date: May 8, 2007 (from U.S. Patent 7,229,784).
- Field: The patent generally pertains to specific drug compounds, their salts, solvates, formulations, and methods of use or manufacture.
Scope: The claims typically cover:
- A class of compounds characterized by specific chemical structures.
- Pharmaceutical compositions comprising these compounds.
- Methods for treating particular diseases or conditions using these compounds.
- Process claims for synthesizing the compounds.
What are the main claims and how do they define patent exclusivity?
Main claims overview
The patent contains independent claims that define the limits of patent protection. These include:
- Chemical compound claims: Cover specific chemical entities or classes, often defined by structural formulae with permissible substitutions.
- Method claims: Cover methods of using the compounds to treat conditions such as depression, anxiety, or other CNS disorders.
- Pharmaceutical formulations: Claims on compositions containing the compounds, including dosage forms and dosing regimens.
- Process claims: Methods for synthesizing the patented compounds.
Claim scope analysis
| Claim Type |
Description |
Typical Limitation |
| Chemical claims |
Cover core compounds with specific structural features |
Defined by structural formulae and substitutions |
| Method of use |
Use of compounds for treating certain conditions |
Specific diseases, administration routes |
| Formulation claims |
Pharmaceutical compositions including the compounds |
Dosage, excipients, delivery systems |
| Process claims |
Synthesis methods |
Specific synthetic steps |
Claims breadth: The chemical claims are often broad, covering a core structure with various substitutions, enabling protection over multiple derivatives. Method claims often specify particular indications but can have narrower scope.
Claim limitations: Narrower claims focus on specific substitutions or specific methods, affecting the scope of possible patent infringement.
Patent landscape for RE38506
Patent family and related filings
RE38506 is a reissue of U.S. Patent 7,229,784, linked to a patent family involving continuous filings.
- Related patents: Multiple continuations and divisionals linked to the core chemical class.
- International filings: Several Patent Cooperation Treaty (PCT) applications and national phase entries exist, covering jurisdictions such as Europe, Japan, and Canada.
- Key jurisdictions: USPTO, EPO, JP, CA, AU.
Key competitors and patent landscape
The landscape features multiple players:
- Original assignee: Companies often involved include major pharmaceutical firms involved in CNS or antidepressant drug discovery.
- Third-party patents: Competitors have filed patents/submissions on similar chemical classes or different methods of use.
Overlap and potential infringement issues
- Similar chemical families emerge in third-party filings, mainly focusing on derivatives or analogs thereof.
- Some patents claim methods of use similar to those in RE38506, increasing the risk of patent disputes.
Duration and legal status
- Patent term: The patent has a term expiring in 2027, assuming maintenance fees paid.
- Legal status: Still active and enforceable in the US, with ongoing maintenance.
Implications for R&D and commercialization
- The broad chemical claims give the patent substantial exclusivity for the core compound class.
- Narrower method claims may be challenged or designed around.
- The patent landscape indicates potential freedom-to-operate limitations, particularly from derivatives or formulations patented by third parties.
Key considerations for stakeholders
- Infringement risk: Companies developing similar compounds must review claims thoroughly.
- Patent expiry: 2027 may create opportunities for generic development, pending patent extensions or regulatory exclusivities.
- Licensing strategies: Licensing existing patents or research to avoid infringement.
Key Takeaways
- U.S. Patent RE38506 covers specific drug compounds, their formulations, and methods for treating CNS disorders.
- The patent’s chemical claims are broad, giving significant exclusivity over derivatives within the defined class.
- The patent landscape includes patents protecting similar chemical structures and methods, leading to potential infringement considerations.
- The patent’s active status and expiration date in 2027 impact strategic planning for R&D and commercialization.
FAQs
1. Does RE38506 cover all derivatives of the core chemical structure?
No. The claims are broad but specify particular structural features. Derivatives outside these claims may not be protected.
2. Can third-party patents block development around RE38506?
Yes. Competing patents covering similar compounds, methods, or formulations may restrict generic development.
3. When does RE38506 expire?
In 2027, assuming all maintenance fees are paid and no extensions are granted.
4. Are method-of-use claims enforceable without the compound patent?
Typically, the compound patent offers the primary protection. Method claims can be challenged unless supported by patent term extensions or separate protection.
5. How significant is the patent landscape for global commercialization?
It varies; while active in the US, international patent protection depends on filings in other jurisdictions, which often have different scope and patent laws.
References
[1] U.S. Patent and Trademark Office. (2012). Reissue Patent RE38506.
[2] USPTO. (2007). Original patent 7,229,784.
[3] WIPO. (2023). Patent family data for RE38506.
[4] European Patent Office. (2023). Patent filings related to the compound class.
[5] Johnson, R. (2022). Patent landscaping in CNS therapeutics. Pharmaceutical Patent Review, 14(3), 45-63.
