United States Patent 7,084,245: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 7,084,245, titled "Peptides that bind to the erythropoietin receptor," is a significant patent in the field of pharmaceuticals, particularly in the treatment of anemia associated with chronic kidney disease. This patent, assigned to Affymax, Inc., protects the peptide compounds known as peginesatide acetate, marketed under the tradenames OMONTYS and OMONTYS PRESERVATIVE FREE.
Patent Overview
Title and Abstract
The patent focuses on peptide compounds that act as agonists of the erythropoietin receptor (EPO-R). These peptides are designed to treat disorders related to insufficient or defective red blood cell production. The invention includes therapeutic methods using these peptide compounds and pharmaceutical compositions that comprise them[2][4].
Inventors and Assignee
The patent was invented by a team of researchers including Christopher P. Holmes, Qun Yin, Guy Lalonde, Peter J. Schatz, David Tumelty, Balu Palani, and Genet Zemede. It is assigned to Affymax, Inc., based in Palo Alto, California[1][2].
Patent Claims
Types of Claims
The patent includes several types of claims:
- Compound Claims: These claims cover the specific peptide compounds that are agonists of the EPO-R.
- Use Claims: These claims pertain to the therapeutic methods using the peptide compounds.
- Composition Claims: These claims relate to the pharmaceutical compositions that include the peptide compounds[1][5].
Claim Details
The patent contains detailed descriptions of the peptide structures, their molecular weights, and the specific sequences that bind to the EPO-R. For example, the patent describes peptides with specific amino acid sequences and modifications, such as pegylation, which enhance their stability and efficacy[2][4].
Therapeutic Applications
Treatment of Anemia
The primary therapeutic application of the peptide compounds covered by this patent is the treatment of anemia associated with chronic kidney disease. Peginesatide acetate, the generic name for OMONTYS, is administered intravenously or subcutaneously to stimulate red blood cell production in patients with chronic kidney disease[1].
Mechanism of Action
The peptides act as agonists of the EPO-R, mimicking the natural action of erythropoietin, which is a hormone that regulates red blood cell production. By binding to the EPO-R, these peptides stimulate the production of red blood cells, thereby alleviating anemia[2].
Patent Landscape
Global Protection
The patent has a broad global reach, with forty-two patent family members in thirty-two countries. This extensive protection ensures that the intellectual property rights of Affymax, Inc. are safeguarded across multiple jurisdictions[1].
Supplementary Protection Certificates (SPCs)
In addition to the basic patent protection, the invention may also be covered by Supplementary Protection Certificates (SPCs) in certain countries. SPCs extend the patent term beyond the standard 20 years, providing additional protection for pharmaceutical products[1].
Legal Status and Expiration
Current Status
As of the latest information, the patent has expired due to fee-related issues. This expiration means that the exclusive rights to the invention are no longer in effect, and the technology is now in the public domain[2][4].
Implications of Expiration
The expiration of the patent allows other companies to develop and market similar peptide compounds without infringing on the original patent. This can lead to increased competition and potentially lower prices for treatments, benefiting patients and healthcare systems[2].
Economic and Market Impact
Market Competition
The expiration of the patent opens up the market for other pharmaceutical companies to develop competing products. This competition can drive innovation and reduce costs, making treatments more accessible to a wider population[2].
Licensing and Litigation
Before its expiration, the patent's broad claims and global protection could have led to significant licensing and litigation activities. Companies seeking to develop similar products would have had to navigate these intellectual property rights carefully to avoid infringement[3].
Key Takeaways
- Patent Scope: The patent covers peptide compounds that are agonists of the EPO-R, therapeutic methods, and pharmaceutical compositions.
- Therapeutic Applications: The primary application is the treatment of anemia associated with chronic kidney disease.
- Global Protection: The patent has extensive global coverage with 42 patent family members in 32 countries.
- Legal Status: The patent has expired due to fee-related issues.
- Market Impact: The expiration of the patent can lead to increased competition, innovation, and potentially lower treatment costs.
FAQs
What is the primary therapeutic application of the peptide compounds covered by US Patent 7,084,245?
The primary therapeutic application is the treatment of anemia associated with chronic kidney disease.
Who are the inventors of US Patent 7,084,245?
The inventors include Christopher P. Holmes, Qun Yin, Guy Lalonde, Peter J. Schatz, David Tumelty, Balu Palani, and Genet Zemede.
What is the current legal status of US Patent 7,084,245?
The patent has expired due to fee-related issues.
What are the implications of the patent's expiration?
The expiration allows other companies to develop and market similar peptide compounds, potentially leading to increased competition and lower treatment costs.
How does the patent's global protection impact its enforcement?
The patent's extensive global coverage with 42 patent family members in 32 countries ensures broad protection of the intellectual property rights across multiple jurisdictions.
Sources
- DrugPatentWatch: "Patent 7,084,245"
- Google Patents: "US7084245B2 - Peptides that bind to the erythropoietin receptor"
- SSRN: "Patent Claims and Patent Scope"
- Google Patents: "US7084245B2 - Peptides that bind to the erythropoietin receptor" (second link)
- DrugPatentWatch: "Claims for Patent: 7084245"
