Understanding the Scope and Claims of United States Patent 11,046,674
Introduction
United States Patent 11,046,674, titled "Crystalline forms of 6-((6,7-dimethoxyquinazolin-4-yl)oxy)-N,2-dimethylbenzofuran-3-carboxamide," is a patent that delves into the preparation, characterization, and pharmaceutical applications of specific crystalline forms of a compound. Here, we will analyze the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
The patent, issued to a pharmaceutical company, describes various crystalline forms and solvates of the compound 6-((6,7-dimethoxyquinazolin-4-yl)oxy)-N,2-dimethylbenzofuran-3-carboxamide. This compound is of interest for its potential therapeutic applications, particularly in treating cancer, age-related macular degeneration, and chronic inflammatory diseases[4].
Scope of the Patent
The scope of the patent is defined by the claims, which outline the specific aspects of the invention that are protected.
Claims
The patent includes multiple claims that cover different aspects of the invention:
- Composition Claims: These claims pertain to the crystalline forms of the compound, including Forms I, II, III, IV, VII, and VIII, as well as their solvates (e.g., hemiethanol solvate, monoacetic acid solvate, and monodioxane solvate)[4].
- Method Claims: These claims describe the methods of preparing these crystalline forms and their solvates, emphasizing the reproducibility and ease of operation of these methods[4].
- Pharmaceutical Composition Claims: These claims cover pharmaceutical compositions that include an effective amount of any one or more of the crystalline forms or solvates of the compound, along with at least one pharmaceutically acceptable carrier[4].
- Method of Treatment Claims: These claims involve the administration of the compound or its pharmaceutical compositions for treating various diseases, such as cancer, age-related macular degeneration, and chronic inflammatory diseases[4].
Characterization of Crystalline Forms
The patent provides detailed characterization of the crystalline forms using X-ray powder diffraction (XRPD) data. For example, Form I of the compound is characterized by specific diffraction angles, which are crucial for identifying and distinguishing it from other forms[4].
Patent Landscape
To understand the broader patent landscape, it is essential to consider several factors:
Prior Art
The patent builds upon prior art, including earlier descriptions of the compound in patent WO 2009/137797 A2. However, the current patent introduces new crystalline forms and solvates that were not previously described[4].
International Patent Offices
The patent is part of a global patent family, with related applications likely filed in other countries. Tools like the Global Dossier and Common Citation Document (CCD) can help in tracking the international patent family and prior art citations across different jurisdictions[1].
Search Resources
For a comprehensive analysis, one would need to use various search resources such as the USPTO's Patent Public Search, European Patent Office's esp@cenet, Japan Patent Office's database, and the World Intellectual Property Organization's PATENTSCOPE® Search Service. These resources help in identifying similar patents and prior art globally[1].
Metrics for Patent Scope
The scope of a patent can be measured using metrics such as independent claim length and independent claim count. Research has shown that narrower claims at publication are associated with a higher probability of grant and a shorter examination process. The examination process often narrows the scope of patent claims, which can be significant when the duration of examination is longer[3].
Implications for Innovation and Litigation
The breadth and clarity of patent claims can significantly impact innovation and litigation. Overly broad patents can lead to increased licensing and litigation costs, potentially diminishing incentives for innovation. The current patent, by specifying detailed methods and forms, aims to avoid such issues by providing clear and narrow claims[3].
Key Takeaways
- Specific Crystalline Forms: The patent protects specific crystalline forms and solvates of the compound, along with their preparation methods and pharmaceutical compositions.
- Detailed Characterization: The patent provides detailed XRPD data for characterizing these forms.
- Global Patent Family: The patent is part of a global family, with related applications likely filed in other countries.
- Narrow Claims: The claims are specific and narrow, which can facilitate a smoother examination process and reduce litigation risks.
- Therapeutic Applications: The compound has potential therapeutic applications in treating various diseases.
FAQs
Q: What is the main subject of United States Patent 11,046,674?
A: The main subject is the crystalline forms and solvates of the compound 6-((6,7-dimethoxyquinazolin-4-yl)oxy)-N,2-dimethylbenzofuran-3-carboxamide.
Q: How are the crystalline forms characterized in the patent?
A: The crystalline forms are characterized using X-ray powder diffraction (XRPD) data, providing specific diffraction angles for each form.
Q: What are the potential therapeutic applications of the compound?
A: The compound has potential therapeutic applications in treating cancer, age-related macular degeneration, and chronic inflammatory diseases.
Q: How can one search for related patents globally?
A: Tools like the Global Dossier, Common Citation Document (CCD), and databases from international patent offices such as the European Patent Office and World Intellectual Property Organization can be used.
Q: Why is the scope of patent claims important?
A: The scope of patent claims is crucial as it affects the probability of grant, examination process duration, and potential litigation costs, thereby influencing innovation incentives.
Sources
- USPTO: "Search for patents - USPTO" - https://www.uspto.gov/patents/search
- Regulations.gov: "In the patent application of - Regulations.gov" - https://downloads.regulations.gov/FDA-2024-E-0428-0002/attachment_1.pdf
- SSRN: "Patent Claims and Patent Scope - Search eLibrary :: SSRN" - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents: "Crystalline forms of 6-((6,7-dimethoxyquinazolin-4-yl)oxy)-N,2-dimethylbenzofuran-3-carboxamide" - https://patents.google.com/patent/US11046674B2/en
