United States Patent 10,927,120: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 10,927,120, issued on February 23, 2021, is a significant patent in the field of CDK (Cyclin-Dependent Kinase) inhibitors. This patent, assigned to G1 Therapeutics, Inc., covers compounds and their pharmaceutically acceptable salts that are useful as CDK inhibitors. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Inventors and Assignee
The patent was invented by Francis X. Tavares and Jay Copeland Strum, both associated with G1 Therapeutics, Inc., based in Research Triangle Park, North Carolina[2][3].
Patent Scope
The scope of Patent 10,927,120 is defined by its claims, which specify the compounds of formulae I, II, or III, and their pharmaceutically acceptable salts. These compounds are identified as CDK inhibitors, which are crucial in treating various diseases, including cancer and other proliferative disorders.
Claim Language and Metrics
The patent scope can be analyzed using metrics such as independent claim length and independent claim count. These metrics help in understanding the breadth and clarity of the patent claims. Narrower claims, as indicated by shorter independent claim lengths and fewer independent claims, are generally associated with a higher probability of grant and a shorter examination process[5].
Claims
The patent includes several claims that define the scope of the invention. Here are some key aspects:
Compound Formulae
The patent claims cover specific chemical compounds of formulae I, II, and III. These formulae describe the structural composition of the CDK inhibitors, ensuring that any compounds falling within these definitions are protected under the patent[2].
Pharmaceutically Acceptable Salts
In addition to the compounds themselves, the patent also covers their pharmaceutically acceptable salts. This is important because these salts can have different properties that make them more suitable for therapeutic use[2].
Patent Landscape
The patent landscape for CDK inhibitors is complex and involves multiple patents and inventors.
Related Patents
There are several other patents related to CDK inhibitors issued to the same inventors and assignee. For example, Patents 10,189,849 and 10,189,850, also issued to Tavares and Strum, cover similar compounds and have patent expiration dates of October 25, 2031[2].
Patent Expiration Dates
The patent 10,927,120 has a patent expiration date of March 14, 2034. This date is crucial for understanding the timeline during which the patent holders have exclusive rights to the invention[2].
Regulatory and Legal Context
Bayh-Dole Act
The Bayh-Dole Act allows for the patenting of inventions created under federal grants. While this patent does not explicitly mention government funding, understanding the Bayh-Dole Act is important for grasping the broader regulatory environment surrounding biomedical patents. The act ensures that inventions arising from federally supported research are utilized and that the government retains rights to ensure public access and reasonable use[4].
March-In Rights
Although not directly applicable to this patent, march-in rights under the Bayh-Dole Act allow the government to issue additional licenses if the patent holder is not taking effective steps to achieve practical application or alleviate health or safety needs. This provision is a critical aspect of ensuring public benefit from taxpayer-funded research[4].
Impact on Innovation and Litigation
Patent Quality and Scope
The debate over patent quality and scope is relevant to this patent. Broader or overly broad patents can lead to increased licensing and litigation costs, potentially diminishing innovation incentives. However, narrower claims, as seen in this patent, are associated with higher grant probabilities and shorter examination processes, which can foster a more favorable innovation environment[5].
Litigation and Administrative Reviews
The clarity and breadth of patent claims can significantly impact litigation and post-grant administrative reviews. Clear and narrow claims reduce the likelihood of disputes and make the patent more defensible[5].
Industry and Market Implications
Therapeutic Applications
CDK inhibitors have significant therapeutic potential, particularly in oncology. The compounds covered by this patent could be crucial in developing new treatments for various cancers and other diseases. The exclusive rights granted by the patent ensure that G1 Therapeutics can invest in further research and development without immediate competition[2].
Competitive Landscape
The patent landscape for CDK inhibitors is competitive, with multiple companies and research institutions involved. This patent, along with related patents, positions G1 Therapeutics as a key player in this field, allowing them to leverage their intellectual property to advance their research and commercial goals[2].
Conclusion
United States Patent 10,927,120 is a critical component of the intellectual property portfolio of G1 Therapeutics, Inc., covering important CDK inhibitors. The patent's scope, defined by its claims, ensures protection for specific compounds and their salts. Understanding the patent landscape, regulatory context, and industry implications is essential for appreciating the significance of this patent.
Key Takeaways
- Patent Scope: The patent covers compounds of formulae I, II, or III, and their pharmaceutically acceptable salts as CDK inhibitors.
- Claims: The claims are specific and narrow, which is associated with a higher probability of grant and shorter examination process.
- Patent Expiration: The patent expires on March 14, 2034.
- Regulatory Context: The patent operates within the framework of the Bayh-Dole Act, though it does not involve government funding.
- Industry Impact: The patent is crucial for G1 Therapeutics' research and development in CDK inhibitors, particularly in oncology.
FAQs
What are CDK inhibitors?
CDK inhibitors are compounds that inhibit the activity of cyclin-dependent kinases, enzymes crucial for cell cycle progression. They are used in treating diseases such as cancer.
Who are the inventors of Patent 10,927,120?
The inventors are Francis X. Tavares and Jay Copeland Strum.
What is the assignee of the patent?
The assignee is G1 Therapeutics, Inc.
When does the patent expire?
The patent expires on March 14, 2034.
What is the significance of the Bayh-Dole Act in this context?
The Bayh-Dole Act allows for the patenting of inventions created under federal grants, ensuring public benefit from taxpayer-funded research, though it is not directly applicable to this patent.
Cited Sources
- United States Patent and Trademark Office. (2021). United States Patent 10,927,120. Retrieved from https://patentimages.storage.googleapis.com/3e/08/f8/5cbecf397e7cb5/US10927120.pdf
- Drugs.com. (2024). Generic Cosela Availability. Retrieved from https://www.drugs.com/availability/generic-cosela.html
- SSRN. (2016). Patent Claims and Patent Scope. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- NBER. (2024). The Feasibility of Using Bayh-Dole March-In Rights to Lower Drug Prices. Retrieved from https://www.nber.org/system/files/working_papers/w32217/w32217.pdf
- Hoover Institution. (2024). Patent Claims and Patent Scope. Retrieved from https://www.hoover.org/sites/default/files/ip2-wp16001-paper.pdf
