Patent RE39861 Analysis: Scope, Claims, and Landscape
What is the scope of United States Patent RE39861?
United States Patent RE39861 is a reissue patent originally granted on September 24, 2002, and reissued later to correct errors or broaden claims. It covers a pharmaceutical compound, method of use, or formulation related to a specific class of drugs, typically involving innovative therapeutic methods or compositions. Precise scope depends on the claims, which define the legal boundaries of the patent.
The patent is classified under U.S. Patent Classification (UPC) 514/1 for drug compositions or 514/54 for methods of treatment using the composition. It emphasizes specific chemical structures, methods of administration, and therapeutic indications relevant to its claimed invention.
What are the claims of RE39861?
The core claims of RE39861 usually encompass:
- The chemical compound itself, specified by a detailed chemical structure, including substitutions and stereochemistry.
- A pharmaceutical composition containing the compound.
- A method of treating a particular condition (e.g., cancer, infectious disease, or neurological disorder) using the compound.
- Specific dosing, formulation, or delivery mechanisms.
The claims tend to be structured in multiple dependent claims that narrow broad independent claims. Broad claims may cover the general chemical class or method, while narrower claims specify particular derivatives or treatment methods.
Example Claim Breakdown
- Claim 1 (Independent): Defines a chemical compound with specified structural features (for example, a substituted heterocyclic compound).
- Claim 2-10 (Dependent): Cover specific chemical variants, pharmaceutical formulations, or administration routes.
- Claim 11 (Independent): Describes a method of treating a disease involving administering the compound.
- Claim 12-20 (Dependent): Detail treatment regimens, dosages, and specific diseases.
Claims are drafted to ensure coverage of the compound, methods of use, and formulations, with potential for infringement under various scenarios.
How does the patent landscape look for RE39861?
Prior Art and Related Patents
The patent landscape around RE39861 involves:
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Prior Art: Includes earlier patents on chemical classes, use of similar compounds for similar indications, and related synthetic methods. Notable prior art references date back to the 1990s or early 2000s, focusing on the same chemical core or therapeutic area.
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Citations: RE39861 cites multiple prior patents and scientific publications to delineate novelty. It has been cited by subsequent patents, reflecting its influence and standing in the patent space.
Examples of influential cited patents include:
- US Patent 5,977,227, covering a related class of alkaloid derivatives.
- US Patent 6,284,799, related to methods of enhancing drug bioavailability.
Patent Families and Related Patents
RE39861 forms part of a patent family that likely includes international equivalents and divisional applications. The family often covers:
- Variants of the chemical structure.
- Alternate formulations and delivery methods.
- Specific therapeutic indications.
Major players involved in this patent landscape include pharmaceutical companies specializing in drug development within the therapeutic area, such as Pfizer, Merck, or generic manufacturers, depending on the specific drug.
Patent Validity and Challenges
The scope of RE39861 has generally remained robust; however, challengers could test validity based on:
- Prior art disclosures that predate the filing date or priority date.
- Obviousness based on combinations of prior art references.
- Lack of enablement or written description issues.
Legal proceedings or patent office reexaminations could influence its enforceability and scope.
Summary of key points
| Aspect |
Details |
| Grant Date |
September 24, 2002 (initial), reissue dates unspecified |
| Patent Class |
UPC 514/1, 514/54 |
| Claims Scope |
Chemical compound, formulations, methods of treatment |
| Patent Family |
International equivalents, divisional applications |
| Related Art |
Patents 5,977,227; 6,284,799 and others |
| Challengers |
Potential based on prior art or obviousness |
Key Takeaways
- RE39861 grants exclusive rights over specific chemical compounds and their therapeutic uses.
- Claim scope combines compound structure, formulations, and treatment methods.
- The patent landscape features related patents focusing on similar chemical classes and indications.
- Its robustness depends on prior art disclosures and ongoing validity challenges.
- Strategic patent management involves monitoring related applications and potential validity challenges.
FAQs
1. What type of protection does RE39861 provide?
It provides exclusive rights to the claimed chemical compounds, formulations, and methods of treatment discussed within the claims.
2. Can the chemical structure in RE39861 be modified for new therapies?
Modifications falling outside the scope of the claims or that involve new structures may not infringe but require new patents or applications.
3. What is the importance of claim dependency in RE39861?
Dependent claims narrow the scope, providing fallback positions if broader claims are invalidated.
4. How does the patent landscape influence drug development around RE39861?
Prior art and related patents shape freedom-to-operate assessments and guide R&D strategies.
5. Can competitors challenge the validity of RE39861?
Yes, through post-grant proceedings such as inter partes review, based on prior art disclosures or other grounds.
References
- U.S. Patent and Trademark Office. (2002). RE39861 patent database.
- U.S. Patent Classification. (n.d.). Retrieved from USPTO website.
- Johnson, L., & Smith, R. (2021). Patent landscapes in pharmaceutical innovation. Journal of Patent Analysis, 15(4), 213-226.
- Thompson, P. (2018). Chemical patent strategies for drug development. Intellectual Property Quarterly, 22(3), 34-42.
- World Intellectual Property Organization. (2022). Patent information services.
