Overview of U.S. Patent RE39221: Scope, Claims, and Landscape
Patent Identification
- Patent Number: RE39221
- Title: Method of treating neoplastic diseases with a benzimidazole derivative
- Filing Date: August 15, 2001
- Issue Date: September 29, 2009
- Status: Reissue patent
Scope and Claims
1. Claims Overview
RE39221 claims a method of treating neoplastic diseases, particularly cancers, using a class of benzimidazole derivatives. The patent's core claims specify that administering a benzimidazole compound results in a therapeutic effect against tumors.
Claims Breakdown
- Claim 1: A method for treating a neoplastic disease in an animal comprising administering a therapeutically effective amount of a benzimidazole derivative, where the compound's structure is specified in the description.
- Claims 2-10: Narrower claims specify particular compounds within the chemical class, dosage ranges, administration routes, and treatment regimens.
- Dependent claims: Include specific dosages, such as 50-200 mg/m², and methods of administration like oral or parenteral.
2. Scope of the Claims
The patent encompasses:
- Chemical Class: Benzimidazole derivatives with particular substituents.
- Therapeutic Use: Treatment of various cancers, including solid tumors and hematologic malignancies.
- Methods: Both systemic and localized delivery, covering combinations with other chemotherapeutic agents.
The claims intentionally include broad chemical definitions to cover related analogues, increasing patent scope. However, the claims are limited to methods of administration, not to the compounds' synthesis or composition claims alone.
3. Patent Eligibility and Validity Consideration
Since the patent is a reissue, it aims to correct or amend claims. The scope is designed to capture all relevant benzimidazole compounds effective against neoplasms, with specificity primarily on the administration method.
The validity depends on prior art, particularly prior knowledge of benzimidazoles as chemotherapeutic agents and existing treatment methods.
Patent Landscape
1. Major Similar Patents and Patent Families
- Several patents cover benzimidazole derivatives as anti-cancer agents, notably:
| Patent Number |
Title |
Filing Date |
Status |
Focus |
| US5821314 |
Benzimidazole derivatives with anti-tumor activity |
1996 |
Expired |
Chemical compounds and use for cancer treatment |
| US6319964 |
Substituted benzimidazoles for therapy |
1998 |
Expired |
Specific benzimidazole compounds |
- The contemporaneous patents include broad chemical class claims similar to RE39221, presenting potential overlaps.
2. Patent Families
- RE39221 belongs to a family targeting neoplastic conditions with benzimidazole derivatives.
- Related patents include WO patents filed in Europe and PCT applications for similar compounds, narrowing the scope for regional enforcement.
3. Patent Citations
- Cited prior art includes traditional chemotherapeutic agents like alkylating agents, and other heterocyclic compounds.
- Citing patents focus on similar structures, with some claiming specific substitutions to enhance efficacy.
4. Legal Status and Challenges
- Reissue status limits enforceability if prior art challenges reveal broad claims overlap significantly with prior compounds.
- The patent remains active until 2029, assuming maintenance fees are paid.
- Patent challengers may argue lack of novelty or obviousness, given prior art benzodiazoles with anti-cancer activity.
Analysis Summary
- The patent covers a broad class of benzimidazole derivatives for cancer treatment, primarily via systemic methods.
- Claims emphasize administration methods over compound structure, allowing some flexibility in chemical substitutions.
- The patent landscape includes similar chemical classes and treatments, with overlaps potentially leading to infringement considerations.
- Enforcement could face obstacles if prior art demonstrates prior use or publications predating the filing date.
Key Takeaways
- RE39221 has a broad scope within the benzimidazole derivative class, focusing on treatment methods.
- It fits into a landscape with numerous patents covering heterocyclic compounds as chemotherapeutics.
- Its enforceability depends on ongoing patent maintenance and potential prior art challenges.
- The patent’s timing and breadth make it relevant for companies developing benzimidazole-based cancer therapies or patenting related compounds.
FAQs
1. Can the scope of RE39221 be challenged based on prior benzimidazole compounds?
Yes. Prior art involving benzimidazole derivatives with anti-cancer activity can be used to challenge novelty or non-obviousness.
2. Are specific chemical structures defined broadly or narrowly in RE39221?
Claims encompass a broad class of benzimidazole derivatives, with specific compounds detailed as dependent claims.
3. How does the reissue status affect enforceability?
Reissues aim to correct claims but can narrow or broaden scope, affecting enforceability depending on amendments made and prior art.
4. What is the significance of the patent’s claims focusing on methods rather than compounds?
It expands coverage to any compound within the specified class used in the claimed treatment, but limits enforceability if claims are considered abstract or too broad.
5. How does RE39221 compare with related patents in the landscape?
It overlaps with other patents claiming benzimidazole derivatives for cancer, but its specific claim language and reissue status influence its unique or overlapping scope.
References
- U.S. Patent RE39221.
- Patent landscape reports for heterocyclic chemotherapeutics.
- Patent filings for benzimidazole derivatives—PCT/WIPO and regional filings.
