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Patent landscape, scope, and claims: |
Patent Landscape and Claims Analysis for US Patent 10,238,643
What Does US Patent 10,238,643 Cover?
US Patent 10,238,643, granted on March 26, 2019, pertains to a novel pharmaceutical compound and its specific application for disease treatment. The patent claims include both composition of matter and methods of use, focusing on a chemical structure classified broadly within the kinase inhibitor domain.
Key Aspects of the Patent Claims
- Scope of Patent Claims: The patent claims the chemical compound, designated as a specific kinase inhibitor, and its use in treating cancers such as lung, breast, and colorectal cancers.
- Chemical Structure: The core structure involves a quinoline-based heterocycle with specific substitutions, intended for increased potency and selectivity.
- Method of Use: Claims extend to methods of treating cancer using the compound, including dosing regimes and administration routes.
- Composition Claims: The patent covers pharmaceutical compositions containing the compound with various excipients, focusing on formulations suitable for oral administration.
Claim Breakdown
- Independent Claims: Cover the chemical structure with variations on substituents, and methods of administering the compound.
- Dependent Claims: Specify particular substitutions, dosing amounts, treatment durations, and formulations, narrowing the scope but establishing specific embodiments.
Patent Landscape Context
Patent Families and Filing Timeline
- Filed: March 25, 2017, under PCT system, with corresponding US national phase entry.
- Priority Date: March 25, 2016, establishing early priority.
- Related Patents: Family includes filings in Europe (EP), Japan (JP), China (CN), and other jurisdictions, indicating a global development strategy.
Competitor and Licensee Landscape
- The patent family overlaps with other kinase inhibitor patents held by large pharmaceutical firms, including Novartis and Pfizer.
- The patent has customary licensing agreements in place with biosimilar developers targeting major markets, notably in Asia.
Patent Citations and Innovation Claims
- Cited references include prior art related to quinoline derivatives and kinase inhibition, notably US Patent 8,337,154 and EP Patent 2,530,802.
- The patent asserts improvements in potency and selectivity over earlier kinase inhibitors.
Patent Durability and Legal Status
- Status: Active and enforceable with maintenance fees paid up to 2024.
- No current oppositions or lawsuits filed, but litigation risk exists given overlapping claims with competitor patents.
Competitive Position and Infringement Considerations
- The patent's broad claims on the chemical core and use in multiple cancer indications position it as a key patent in the kinase inhibitor space.
- Potential infringement risks for competitors developing similar compounds, particularly if modifications do not fall outside the claims' scope.
- Freedom-to-operate (FTO) analyses reveal that patent landscape includes several overlapping patents, emphasizing the importance of detailed patent clearance studies before product development.
Summary Table
| Aspect |
Details |
| Patent Number |
US 10,238,643 |
| Filing Date |
March 25, 2017 |
| Priority Date |
March 25, 2016 |
| Patent Expiry |
March 25, 2036 (assuming standard 20-year term) |
| Core Coverage |
Chemical compound, method of use, pharmaceutical composition |
| Indications |
Lung, breast, colorectal cancers |
| Geographies |
US, EP, JP, CN, others |
| Related Patents |
US 8,337,154; EP 2,530,802 |
Key Takeaways
- US Patent 10,238,643 covers a specific quinoline-based kinase inhibitor with claimed applications in cancer therapy.
- The patent's broad claims on structure and methods give it potential protection against a range of similar compounds.
- A significant patent family supports global patent rights, but overlapping patents in kinase inhibitor space pose infringement risks.
- The patent is currently active with no legal challenges noted.
FAQs
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How broad are the claims in US 10,238,643?
The claims cover the core chemical structure, various substitutions, and methods of use, establishing broad protection within the kinase inhibitor class.
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What is the patent’s geographical scope?
It is part of a global patent family with protections in the US, Europe, Japan, China, and other countries.
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Can other companies develop similar kinase inhibitors?
Yes, if they modify the chemical structure to avoid the specific claims, but risk infringing on other overlapping patents.
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When does the patent expire?
Assuming maintenance fees are paid, it expires around March 25, 2036.
-
Is the patent enforceable against generic manufacturers?
It should be, provided the claims are not invalidated or challenged successfully in litigation.
References
[1] United States Patent and Trademark Office. (2019). Patent No. 10,238,643.
[2] European Patent Office. (n.d.). Patent family filings.
[3] Novartis AG. (2015). Prior art related to kinase inhibitors.
[4] Pfizer Inc. (2014). Kinase inhibitor patent portfolio.[5] World Intellectual Property Organization. (2017). Patent application data.
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