United States Patent 7,235,576: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 7,235,576, titled "Omega-carboxyaryl substituted 3-phenylureas as Raf kinase inhibitors," was granted on June 26, 2007, to Bayer Pharmaceuticals Corporation. This patent is significant in the field of pharmaceuticals, particularly in the treatment of Raf-mediated diseases.
Inventors and Assignee
The patent was invented by a team of researchers including Bernd Riedl, Jacques Dumas, Uday Khire, Timothy Lowinger, William J. Scott, Roger A. Smith, Jill E. Wood, Mary-Katherine Monahan, Reina Natero, Joel Renick, and Robert N. Sibley. The assignee of the patent is Bayer Pharmaceuticals Corporation, based in West Haven, CT[1].
Scope of the Patent
The patent covers the use of a group of aryl ureas as inhibitors of Raf kinases, which are involved in various cellular signaling pathways, including those related to cancer. The compounds described are omega-carboxyaryl substituted 3-phenylureas, which are designed to inhibit the activity of Raf kinases, thereby treating Raf-mediated diseases such as cancer[1].
Claims of the Patent
The patent includes multiple claims that define the scope of the invention. Here are some key aspects of the claims:
- Independent Claims: These claims define the broadest scope of the invention. For example, Claim 1 describes the general structure of the omega-carboxyaryl substituted 3-phenylureas and their use as Raf kinase inhibitors[1].
- Dependent Claims: These claims narrow down the scope by specifying particular substituents, moieties, and their combinations. For instance, dependent claims may specify the types of halogen, hydroxy, or carbon-based substituents and their positions on the molecule[1].
Chemical Structure and Substituents
The patent details the chemical structure of the compounds, including the presence of a cyclic structure with at least 5 members, and the various substituents such as halogen, hydroxy, and carbon-based moieties. These substituents can optionally contain heteroatoms like N, S, and O and may be further substituted by halogen or other functional groups[1].
Pharmaceutical Compositions
The patent also covers pharmaceutical compositions containing these compounds, including their formulation and methods of preparation. These compositions are designed for treating Raf-mediated diseases, highlighting the practical application of the invention[1].
Patent Landscape and Prior Art
The patent landscape surrounding US 7,235,576 involves several prior art references and related patents. For instance, the patent cites numerous earlier patents and publications related to similar compounds and their uses, such as those by Helsley et al., Brantley et al., and others[1].
Challenges and Litigation
The patent has been subject to legal challenges. In a case involving Incept LLC and Palette Life Sciences, Inc., Palette filed petitions for inter partes review challenging the claims of the '723 patent as unpatentable over prior art. The Patent Trial and Appeal Board (PTAB) ultimately held that the challenged claims were unpatentable based on the prior art cited by Palette[2].
Anticipation and Obviousness
The legal challenges focused on anticipation and obviousness. Anticipation is a question of fact, while obviousness is a question of law based on underlying factual determinations. The PTAB found that the prior art, particularly Wallace, anticipated or made obvious the claims of the '723 patent[2].
Critique of the PTAB Decision
Incept LLC argued that the PTAB engaged in a "patchwork approach" by picking and choosing elements from the prior art to piece together the elements of the '723 patent claims. However, the court upheld the PTAB's decision, emphasizing that when a prior art reference describes a genus and the challenged claim recites a species of that genus, anticipation turns on whether the genus was of a defined and limited class[2].
Biodegradability and Dependent Claims
The patent also includes dependent claims related to biodegradability time limits, which were challenged in the litigation. However, the PTAB found that the prior art disclosed each of the elements of these claims, and Incept did not separately argue their patentability[2].
Economic and Research Implications
The Patent Claims Research Dataset by the USPTO provides insights into the scope and trends of patent claims, including those related to pharmaceuticals. This dataset can be used to analyze the economic and research implications of patents like US 7,235,576, highlighting trends in patent scope and the impact of such patents on the pharmaceutical industry[3].
International Patent Cooperation
The invention described in US 7,235,576 is also protected under international patent cooperation treaties. For example, the Canadian patent database lists related patents and international publication numbers, indicating the global reach of this invention[4].
Key Takeaways
- Scope and Claims: The patent covers omega-carboxyaryl substituted 3-phenylureas as Raf kinase inhibitors, with detailed claims on their structure and use.
- Litigation: The patent faced challenges on anticipation and obviousness grounds, with the PTAB ruling against the patent's validity.
- Patent Landscape: The patent is part of a broader landscape involving numerous prior art references and related patents.
- International Protection: The invention is protected under international patent cooperation treaties.
FAQs
Q: What is the main subject of United States Patent 7,235,576?
A: The main subject is the use of omega-carboxyaryl substituted 3-phenylureas as Raf kinase inhibitors for treating Raf-mediated diseases.
Q: Who are the inventors and the assignee of the patent?
A: The inventors include Bernd Riedl, Jacques Dumas, and others, with Bayer Pharmaceuticals Corporation as the assignee.
Q: What were the legal challenges faced by this patent?
A: The patent faced challenges on anticipation and obviousness grounds in inter partes review proceedings initiated by Palette Life Sciences, Inc.
Q: What was the outcome of the legal challenges?
A: The PTAB held that the challenged claims were unpatentable based on prior art references.
Q: How does this patent fit into the broader patent landscape?
A: It is part of a larger body of patents related to pharmaceutical compounds and their uses, with numerous prior art references and related patents.
Cited Sources
- United States Patent and Trademark Office, "US 7,235,576 B1 - Omega-carboxyaryl substituted 3-phenylureas as Raf kinase inhibitors," June 26, 2007.
- United States Court of Appeals for the Federal Circuit, "INCEPT LLC v. PALETTE LIFE SCIENCES, INC.," August 16, 2023.
- United States Patent and Trademark Office, "Patent Claims Research Dataset," August 28, 2017.
- Canadian Patents Database, "Patent 2578438 Summary," October 6, 2015.
