Understanding the Scope and Claims of United States Patent 6,586,430: A Detailed Analysis
Introduction
United States Patent 6,586,430, titled "CCR5 modulators," is a significant patent in the field of pharmaceuticals, particularly in the treatment of inflammation and HIV infection. This patent, expired as of its lifetime, provides valuable insights into the development and application of CCR5 modulators.
Background on CCR5 Modulators
CCR5 (CC chemokine receptor 5) is a protein on the surface of white blood cells that plays a crucial role in the immune system. CCR5 modulators, especially antagonists, are compounds designed to interact with the CCR5 receptor, either by blocking or modulating its activity. This interaction is therapeutic in treating conditions such as HIV infection and various inflammatory diseases[1].
Patent Overview
Publication Details
- Publication Number: US6586430B1
- Prior Art Date: This patent was filed on October 29, 1999, and granted on July 1, 2003.
- Legal Status: The patent has expired as of its lifetime.
Claim Structure
The patent includes multiple claims that define the scope of the invention. Here are some key aspects:
- Independent Claims: These claims define the core invention and are crucial for understanding the patent's scope.
- Dependent Claims: These claims build upon the independent claims and provide additional details or limitations.
- Claim Fees: While not directly relevant to this patent since it has expired, understanding claim fees can help in managing similar patents. For instance, in the US, claim fees are paid for each claim in excess of 20 and for each independent claim in excess of 3[2].
Chemical Compounds and Structures
The patent describes several chemical compounds designed to modulate the CCR5 receptor. These include:
- Benzimidazol and Phenylpropyl Derivatives: Specific chemical structures are detailed, such as those involving benzimidazol and phenylpropyl groups[1].
- Chemical Formulas: The patent includes detailed chemical formulas and structural representations of these compounds.
Therapeutic Applications
HIV Infection
- Mechanism of Action: CCR5 modulators work by blocking the CCR5 receptor, which is one of the primary entry points for HIV into host cells. By blocking this receptor, these modulators prevent HIV from entering and infecting the cells[1].
Inflammatory Diseases
- Anti-Inflammatory Effects: Besides HIV, CCR5 modulators have potential therapeutic applications in treating inflammatory diseases. The CCR5 receptor is involved in the recruitment of immune cells to sites of inflammation, and modulating this receptor can reduce inflammatory responses[1].
Patent Scope and Claims Analysis
Independent Claim Length and Count
Research suggests that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims, as seen in this patent, are often associated with a higher probability of grant and a shorter examination process[3].
Claim Amendments and Fees
In the context of patent prosecution, managing the number of claims is crucial to avoid additional fees. For example, in Europe, claim fees are due for claims exceeding 15, and amendments can be made at specific stages to reduce the number of claims and avoid these fees[2].
Industry Impact and Expert Insights
Market Domination
Patents like US6586430B1 play a significant role in market domination by providing exclusive rights to the patent holder. This exclusivity can drive innovation and investment in research and development.
Litigation and Licensing
The scope and claims of a patent can significantly impact litigation and licensing strategies. For instance, the USPTO's proposed changes to terminal disclaimer practices aim to reduce litigation costs and promote competition by making it easier to challenge groups of patents tied by terminal disclaimers[5].
Case Studies and Examples
Maraviroc - A CCR5 Antagonist
Maraviroc, a drug developed based on CCR5 modulator research, is an example of how these compounds can be translated into clinical practice. Maraviroc is used in the treatment of HIV infection and demonstrates the therapeutic potential of CCR5 modulators[1].
Global Patent System Integration
Global Dossier and Common Citation Document
Tools like the Global Dossier and Common Citation Document (CCD) facilitate the integration of global patent systems. These tools provide access to file histories and citation data, helping in the analysis and management of patent applications across different jurisdictions[4].
Key Takeaways
- Therapeutic Applications: CCR5 modulators have significant therapeutic potential in treating HIV infection and inflammatory diseases.
- Patent Scope: The scope of the patent is defined by its claims, with narrower claims often leading to a higher probability of grant and shorter examination processes.
- Industry Impact: Patents like US6586430B1 can drive innovation and market exclusivity, influencing litigation and licensing strategies.
- Global Integration: Tools like the Global Dossier and CCD are essential for managing and analyzing patent applications globally.
FAQs
What is the primary therapeutic application of CCR5 modulators?
CCR5 modulators are primarily used in the treatment of HIV infection by blocking the CCR5 receptor, which is one of the entry points for HIV into host cells.
How do claim fees impact patent applications?
Claim fees are paid for claims exceeding certain thresholds (e.g., 20 claims in the US, 15 claims in Europe). Managing the number of claims is crucial to avoid these additional fees.
What is the significance of independent claim length and count in patent scope?
Independent claim length and count are metrics that can measure patent scope. Narrower claims are often associated with a higher probability of grant and a shorter examination process.
How do terminal disclaimers affect patent litigation and licensing?
Terminal disclaimers can impact litigation and licensing by affecting the enforceability of patents. Proposed changes by the USPTO aim to reduce litigation costs and promote competition.
What tools are available for managing and analyzing global patent applications?
Tools like the Global Dossier and Common Citation Document (CCD) provide access to file histories and citation data, facilitating the management and analysis of patent applications across different jurisdictions.
References
- US6586430B1 - CCR5 modulators - Google Patents
- Claim fees: how to avoid their payment? - Obtaining an EP Patent
- Patent Claims and Patent Scope - SSRN
- Search for patents - USPTO
- United States Patent and Trademark Office Proposes Changes to Terminal Disclaimer Practice - Sterne Kessler Goldstein & Fox PLLC
