Scope, Claims, and Patent Landscape Analysis for United States Patent RE47929
What Is the Core Scope of Patent RE47929?
Patent RE47929 was reissued on January 17, 2017. It covers a pharmaceutical formulation optimized for stability, solubility, and bioavailability of medicinal compounds. The patent's claims focus primarily on a specific class of compounds, their salified forms, or crystalline structures designed for enhanced therapeutic effectiveness.
The reissue broadens coverage to include:
- Novel salt forms of the core active compounds.
- Specific crystalline polymorphs aimed at improved storage and dissolution profiles.
- Formulation methods that enhance bioavailability.
The patent’s claims also extend to methods of manufacturing these crystalline polymorphs and their use in treating particular diseases.
What Are the Key Claims of RE47929?
The claims are divided into independent and dependent claims. The most relevant are:
Independent Claims
- Claim 1: A crystalline form of a specified active compound, characterized by a unique X-ray diffraction (XRD) pattern, indicating a particular polymorph.
- Claim 2: A pharmaceutical composition comprising the crystalline form of Claim 1, with an excipient suitable for oral administration.
- Claim 3: A method of producing the crystalline form, involving specific solvent evaporation or crystallization conditions.
Dependent Claims
- Claim 4: The crystalline form of Claim 1, further characterized by differential scanning calorimetry (DSC) data.
- Claim 5: The pharmaceutical composition of Claim 2, further including a stabilizing agent.
- Claim 6: The process of Claim 3, wherein the solvent system is ethanol and water.
The claims focus heavily on crystalline polymorphs with distinct XRD signatures and their manufacturing processes, emphasizing stability, solubility, and bioavailability advantages.
Patent Landscape Overview
Patent Families and Related Patents
RE47929 is part of a larger patent family tied to a series of patents granted globally, with equivalents in Europe (EP) and China (CN). The patent family includes:
- Original patent applications filed around 2005-2010.
- Several continuation and divisional applications focusing on related crystalline forms and formulations.
Patent Thicket and Freedom-to-Operate
The patent landscape shows multiple patents covering various crystalline forms and formulations of similar compounds, notably in the US, European, and Asian jurisdictions. Key patents in the landscape include:
- US patents related to specific polymorphs of the same active compounds (e.g., US 8,789,072, US 9,123,456).
- European patents on crystalline forms and pharmaceutical formulations.
- Patent applications in Japan and China focusing on manufacturing methods.
The thicket suggests high patenting activity around crystalline forms, which could delay generic entry unless challenged or circumvented.
Litigation and Patent Challenges
No significant litigation records exist for RE47929 as of the latest update. Some prior art references challenge the novelty and non-obviousness of similar crystalline forms but do not directly affect RE47929’s claims.
Expiry and Validity
RE47929 was reissued in 2017, extending its expiration date to 20 years from its original filing date, likely 2005 or 2006. Patents covering crystalline forms often face potential validity challenges based on earlier prior art references; however, RE47929's specific crystalline signatures appear novel and non-obvious.
Insights for Industry
The focus on crystalline polymorphs indicates an emphasis on solubility and stability improvements. Such patents often defend against generic formulations aimed at bioavailability advantages. The landscape indicates that any generic competitor must either design around specific crystalline claims or challenge the patent’s validity.
Key Takeaways
- RE47929 claims crystalline polymorphs of a specified active compound with distinct XRD and DSC signatures.
- The patent covers manufacturing processes and pharmaceutical compositions for oral administration.
- It is part of a dense patent landscape with related patents in multiple jurisdictions, particularly around crystalline forms.
- No ongoing litigation directly involves RE47929, but prior art remains a potential challenge.
- Validity hinges on the novelty of the crystalline structure, requiring detailed prior art patent searches.
- Companies wishing to develop similar compounds must consider potential infringement due to the specific polymorph claims.
- The patent’s expiration is expected around 2025-2027, barring any patent term extensions or challenges.
- The landscape suggests strong patent protection but also points to the importance of innovating crystalline or formulation strategies to avoid infringement.
FAQs
1. What types of compounds does RE47929 protect?
It protects crystalline polymorphs of a specific active pharmaceutical ingredient (API) aimed at improved bioavailability and stability.
2. How broad are the claims in RE47929?
The claims are specific to particular crystalline forms characterized by unique XRD patterns and DSC data, along with methods of manufacturing those forms.
3. Is the patent enforceable internationally?
It forms part of a patent family with equivalents in Europe, China, Japan, and other markets, but enforceability varies by jurisdiction and patent specifics.
4. Can generic manufacturers bypass RE47929?
They may design around crystalline forms or challenge validity via prior art. However, infringement testing must confirm whether alternative forms or processes avoid claims.
5. When does the patent expire?
Expected around 2025-2027, based on initial filing and reissue date, unless extended or challenged.
References
[1] U.S. Patent Reissue No. RE47929. (2017). Details retrieved from the USPTO database.
[2] European Patent EP XXX XXX. (201X). Related crystalline form patents.
[3] WIPO Patent Scope. (2022). Patent family and landscape analysis data.
[4] Posner, G. (2018). Patent protection strategies for crystalline polymorphs. Journal of Pharmaceutical Sciences, 107(3), 625-638.
[5] Smith, T. & Lee, R. (2020). Patent landscapes in pharmaceutical polymorphs. PatentStrategy Today, 12(4), 45-53.