United States Patent 7,314,938: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 7,314,938, titled "Modulators of Cellular Adhesion," is a significant patent in the field of pharmaceuticals, particularly in the area of immunomodulation. This patent, assigned to Sunesis Pharmaceuticals, Inc., was granted on January 1, 2008. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Inventors and Assignee
The patent was invented by Wang Shen, Kenneth Barr, Johan D. Oslob, and Min Zhong, all of whom were affiliated with various locations in California. The assignee of the patent is Sunesis Pharmaceuticals, Inc., based in South San Francisco, CA[4].
Background and Technology
The patent describes compounds and methods for modulating cellular adhesion, specifically T-cell adhesion to ICAM-1 (Intercellular Adhesion Molecule 1). This technology is crucial in the development of therapeutic agents for autoimmune diseases and other conditions where cellular adhesion plays a key role[4].
Claims
The patent includes multiple claims that define the scope of the invention. Here are some key aspects:
Independent Claims
- The patent includes independent claims that describe the chemical structures of the compounds and their use in modulating cellular adhesion. For example, Claim 1 describes a specific class of compounds that inhibit T-cell adhesion to ICAM-1[4].
Dependent Claims
- Dependent claims further specify the invention by detailing particular aspects such as the synthesis of the compounds, their pharmaceutical compositions, and methods of use. These claims narrow down the scope to ensure clarity and specificity[4].
Patent Scope
The scope of the patent is defined by the breadth and clarity of its claims. Here are some metrics and considerations:
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].
Examination Process
- The examination process for this patent likely involved narrowing the scope of the claims to ensure they were specific, clear, and novel. This process is crucial in maintaining the quality of patents and preventing overly broad claims that could stifle innovation[3].
Patent Landscape
The patent landscape surrounding US 7,314,938 involves several key aspects:
Related Patents and Publications
- The patent cites several related publications and prior art, including international patent applications and other U.S. patents. This indicates a complex and interconnected patent landscape in the field of immunomodulation[4].
Patent Term Extension
- The patent has been eligible for patent term extension, as seen in the case of the human drug product known by the tradename XIIDRA® (lifitegrast), which is covered by claims of this patent. This extension is granted under specific conditions to compensate for delays in the regulatory approval process[5].
Litigation and Enforcement
Patents like US 7,314,938 are often involved in litigation to enforce intellectual property rights. Here are some relevant points:
Patent Infringement Actions
- Similar to other pharmaceutical patents, this patent could be subject to infringement actions. For instance, the Hatch-Waxman Act process, as seen in other cases, involves generic manufacturers challenging branded pharmaceutical companies' patents, which can lead to extensive litigation[2].
Declaratory Judgments
- Parties may seek declaratory judgments to determine the validity and infringement of patents. This is a common strategy in the pharmaceutical industry to clarify patent rights and avoid costly litigation[2].
Maintenance and Expiration
To keep the patent in force, maintenance fees must be paid at specified intervals:
Maintenance Fees
- Maintenance fees for U.S. patents are due at 3.5, 7.5, and 11.5 years after the grant date. Failure to pay these fees results in the patent expiring[1].
Expiration Due to Non-Payment
- If maintenance fees are not paid, the patent will expire on the 4th, 8th, or 12th anniversary of the grant date, depending on the first missed payment[1].
Conclusion and Key Takeaways
- Inventors and Assignee: The patent was invented by Wang Shen, Kenneth Barr, Johan D. Oslob, and Min Zhong, and assigned to Sunesis Pharmaceuticals, Inc.
- Claims: The patent includes specific claims defining the chemical structures and methods for modulating cellular adhesion.
- Patent Scope: The scope is defined by the clarity and breadth of the claims, with narrower claims associated with a higher grant probability and shorter examination process.
- Patent Landscape: The patent is part of a complex landscape involving related patents, publications, and potential litigation.
- Maintenance and Expiration: Regular maintenance fees are required to keep the patent in force.
FAQs
Q: What is the main technology described in US Patent 7,314,938?
A: The patent describes compounds and methods for modulating cellular adhesion, specifically T-cell adhesion to ICAM-1.
Q: Who are the inventors of this patent?
A: The inventors are Wang Shen, Kenneth Barr, Johan D. Oslob, and Min Zhong.
Q: What is the significance of the patent term extension for this patent?
A: The patent term extension compensates for delays in the regulatory approval process, ensuring the patent holder has adequate time to exploit the invention.
Q: How are maintenance fees handled for this patent?
A: Maintenance fees are due at 3.5, 7.5, and 11.5 years after the grant date, and failure to pay results in the patent expiring.
Q: Can this patent be involved in litigation?
A: Yes, similar to other pharmaceutical patents, it can be subject to infringement actions and declaratory judgments to determine validity and infringement.
Cited Sources
- USPTO Notices - US Patent and Trademark Office.
- Case 1:20-cv-01426-MN Document 126 Filed 07/07/22 - United States District Court for the District of Delaware.
- Patent Claims and Patent Scope - SSRN.
- United States Patent 7,314,938 B2 - Google Patents.
- REVISED NOTICE OF FINAL DETERMINATION - Regulations.gov.
