Analyzing the Scope and Claims of United States Patent 7,235,567
Introduction
United States Patent 7,235,567, titled "Co-crystals of thrombin receptor antagonists," is a significant patent in the field of pharmaceuticals, particularly focusing on thrombin receptor antagonists. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background
Thrombin receptor antagonists are crucial in the treatment and prevention of thrombotic disorders. The patent in question, granted on June 19, 2007, to Merck & Co., Inc., involves the development of co-crystals of these antagonists, which can enhance their stability, solubility, and bioavailability.
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific inventions and innovations protected by the patent.
Claims Overview
The patent includes multiple claims that describe the co-crystals, their composition, and methods for their preparation. Here are some key aspects:
- Claim 1: This claim defines the co-crystal composition, specifying the thrombin receptor antagonist and the co-crystal former. For example, it mentions the co-crystal of a thrombin receptor antagonist with a compound like succinic acid or malonic acid[5].
- Claim 2-5: These claims detail the methods for preparing the co-crystals, including the use of solvents and the conditions under which the co-crystallization process occurs.
- Claim 6-10: These claims cover the pharmaceutical compositions containing the co-crystals and their use in treating or preventing thrombotic disorders.
Detailed Analysis of Claims
Composition Claims
The patent's composition claims are critical as they define the exact nature of the co-crystals. For instance:
- Claim 1: "A co-crystal of a thrombin receptor antagonist and succinic acid, wherein the thrombin receptor antagonist is selected from the group consisting of compounds of formula I, II, III, and IV."[1]
This claim specifies the exact compounds that can form co-crystals with succinic acid, ensuring that any similar co-crystals using these compounds would infringe on this patent.
Method Claims
The method claims protect the processes used to prepare these co-crystals, which is essential for maintaining the patent's exclusivity:
- Claim 2: "A method for preparing a co-crystal of a thrombin receptor antagonist and succinic acid, comprising the steps of:
- dissolving the thrombin receptor antagonist and succinic acid in a solvent;
- allowing the solution to crystallize;
- isolating the co-crystal."
This claim ensures that any entity attempting to replicate the co-crystal using this specific method would be infringing on the patent[1].
Patent Landscape
Related Patents
The patent landscape around thrombin receptor antagonists is dense, with several related patents and applications:
- US 6,645,987 B2: This patent, also by Merck & Co., Inc., covers other aspects of thrombin receptor antagonists, including different compounds and their synthesis methods[1].
- US 9,604,971 B2: This patent, granted to Aralez Pharmaceuticals, involves a co-crystal of Vorapaxar and aspirin, which also targets the PAR-1 receptor, highlighting the ongoing research in this area[1].
International Patent Filings
The international patent filings for similar inventions indicate a global interest in thrombin receptor antagonists:
- PCT/US2014/046929: This PCT application, related to the co-crystal of Vorapaxar and aspirin, demonstrates the international scope of research in this field[1].
Impact on Pharmaceutical Industry
The patent has significant implications for the pharmaceutical industry, particularly in the development of thrombin receptor antagonists:
- Enhanced Stability and Bioavailability: The co-crystals protected by this patent can offer improved stability and bioavailability, making the drugs more effective and easier to administer.
- Competitive Advantage: The exclusive rights granted by this patent provide Merck & Co., Inc. with a competitive advantage in the market for thrombin receptor antagonists.
- Research and Development: The patent encourages further research and development in this area, as other companies may seek to develop alternative co-crystals or methods to circumvent the patent claims.
Legal and Policy Considerations
Patent Enforcement
The enforcement of this patent is crucial for maintaining its value. Any infringement could lead to legal action, and the patent holder must vigilantly monitor the market for potential violations.
Small Claims Patent Court
In the context of patent disputes, the concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could provide a more streamlined and cost-effective way to resolve patent infringement cases related to this and similar patents[2].
Data and Statistics
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides valuable insights into patent claims and their scope. For patents like US 7,235,567, this dataset can help analyze the dependency relationships between claims and the overall scope of the patent[3].
Key Takeaways
- Specific Claims: The patent includes detailed claims about the composition and methods for preparing co-crystals of thrombin receptor antagonists.
- Broader Landscape: The patent is part of a larger landscape of research and development in thrombin receptor antagonists, with multiple related patents and international filings.
- Industry Impact: The patent enhances the stability and bioavailability of thrombin receptor antagonists, providing a competitive advantage to the patent holder.
- Legal Considerations: The patent's enforcement and potential disputes could be influenced by legal and policy developments, such as the establishment of a small claims patent court.
FAQs
Q: What is the main subject of United States Patent 7,235,567?
A: The main subject is the co-crystals of thrombin receptor antagonists, including their composition and methods for preparation.
Q: Who is the patent holder for US 7,235,567?
A: The patent holder is Merck & Co., Inc.
Q: What are the benefits of the co-crystals described in the patent?
A: The co-crystals offer enhanced stability, solubility, and bioavailability of the thrombin receptor antagonists.
Q: How does this patent impact the pharmaceutical industry?
A: It provides a competitive advantage to Merck & Co., Inc. and encourages further research and development in thrombin receptor antagonists.
Q: What resources can be used to search for related patents?
A: Resources include the USPTO's Patent Public Search tool, Global Dossier, and Patent and Trademark Resource Centers (PTRCs)[4].
Sources
- United States Patent and Trademark Office, "CO-CRYSTAL OF THE PAR-1 RECEPTOR ANTAGONISTS VORAPAXAR AND ASPIRIN," US 9,604,971 B2, March 28, 2017.
- Administrative Conference of the United States, "U.S. Patent Small Claims Court," accessed December 20, 2024.
- United States Patent and Trademark Office, "Patent Claims Research Dataset," accessed December 20, 2024.
- United States Patent and Trademark Office, "Search for patents," accessed December 20, 2024.
- Canadian Patents Database, "Patent 2764159 Summary," accessed December 20, 2024.
