United States Patent 7,550,595: A Detailed Analysis of Scope and Claims
Introduction
United States Patent 7,550,595, titled "Biphenyl Compounds Useful as Muscarinic Receptor Antagonists," was granted on June 23, 2009. This patent is part of a broader portfolio of intellectual property developed by Theravance, Inc., and it plays a significant role in the field of pharmaceuticals, particularly in the treatment of respiratory diseases.
Inventors and Assignee
The patent was invented by a team of researchers including YuHua Ji, Mathai Mammen, Craig Husfeld, Li Li, YongOi Mu, Aaron Kushner, Eric Stangeland, Trevor Mischki, Adam Hughes, and Sarah Dunham. The assignee of the patent is Theravance, Inc., based in South San Francisco, California[1].
Background and Context
Muscarinic receptor antagonists are crucial in the treatment of various respiratory conditions, such as chronic obstructive pulmonary disease (COPD) and asthma. These compounds work by blocking the action of acetylcholine at muscarinic receptors, thereby reducing bronchospasm and improving lung function[4].
Scope of the Patent
The patent covers a specific class of biphenyl compounds that act as muscarinic receptor antagonists. Here are the key aspects of the scope:
Chemical Structure
The compounds are defined by a specific chemical structure, which includes various substituents and functional groups. The general formula for these compounds involves a biphenyl core with multiple substituents such as alkyl, alkenyl, alkynyl, cycloalkyl, cyano, halo, and other functional groups[1].
Pharmaceutical Compositions
The patent also covers pharmaceutical compositions containing these biphenyl compounds, including processes for their preparation and use in therapeutic applications. These compositions can be formulated for various administration routes, such as inhalation solutions, which are common for treating respiratory diseases[1].
Claims
The patent includes multiple claims that define the scope of protection for the invented compounds and their uses.
Independent Claims
The independent claims are critical as they define the broadest scope of protection. These claims typically describe the chemical structure of the compounds, their pharmaceutical compositions, and their use in treating specific conditions[1].
Dependent Claims
Dependent claims further narrow down the scope by specifying particular aspects of the compounds, such as specific substituents, dosages, and administration methods. These claims provide additional protection for specific embodiments of the invention[1].
Patent Landscape
The patent landscape surrounding US 7,550,595 is complex and involves several related patents and applications.
Related Patents
Theravance, Inc. has a portfolio of patents related to muscarinic receptor antagonists, including other patents such as US 7,501,442 B2, US 7,524,962 B2, and US 7,560,469 B2. These patents collectively protect various aspects of the compounds, their synthesis, and their therapeutic uses[1].
Examination Process
The examination process for this patent, as with others, involved a thorough review by the United States Patent and Trademark Office (USPTO). The process likely included multiple rounds of claim amendments and responses to office actions to ensure the claims were clear, distinct, and novel[3].
Patent Scope Metrics
Research on patent scope metrics, such as independent claim length and independent claim count, suggests that narrower claims are associated with a higher probability of grant and a shorter examination process. This patent, with its detailed and specific claims, aligns with these findings, indicating a well-defined and focused scope[3].
Maintenance Fees and Patent Life
To maintain the patent, Theravance, Inc. must pay maintenance fees at 3, 7, and 11 years after the grant date. Failure to pay these fees can result in the patent expiring. Given the patent's grant date, the maintenance fees would have been due in 2012, 2016, and 2020[2].
Commercial Impact
The commercial impact of this patent is significant, as it protects key intellectual property related to the treatment of COPD and other respiratory conditions. The compounds covered by this patent are likely to be part of Theravance's product pipeline, contributing to the company's revenue and market position.
Example: Revefenacin
Revefenacin, a muscarinic receptor antagonist developed by Theravance, is an example of how these compounds can be commercialized. Revefenacin is used as an inhalation solution for the maintenance treatment of COPD and is protected by several patents, including some related to the compounds described in US 7,550,595[4].
Key Takeaways
- Chemical Structure: The patent covers biphenyl compounds with specific substituents acting as muscarinic receptor antagonists.
- Pharmaceutical Compositions: It includes pharmaceutical compositions and processes for their preparation.
- Claims: The patent has both independent and dependent claims defining the scope of protection.
- Patent Landscape: Part of a broader portfolio of related patents and applications.
- Maintenance Fees: Regular fees are required to maintain the patent.
- Commercial Impact: Significant in the treatment of respiratory diseases like COPD.
FAQs
Q: What is the primary use of the compounds described in US 7,550,595?
A: The compounds are primarily used as muscarinic receptor antagonists for the treatment of respiratory conditions such as COPD.
Q: Who is the assignee of the patent?
A: The assignee of the patent is Theravance, Inc.
Q: What is the significance of maintenance fees for this patent?
A: Maintenance fees are necessary to keep the patent in force; failure to pay these fees can result in the patent expiring.
Q: How does the examination process affect the scope of the patent?
A: The examination process tends to narrow the scope of patent claims, ensuring they are clear, distinct, and novel.
Q: What is an example of a commercial product related to this patent?
A: Revefenacin, an inhalation solution for COPD treatment, is an example of a commercial product related to the compounds described in this patent.
Cited Sources
- United States Patent and Trademark Office, "Biphenyl Compounds Useful as Muscarinic Receptor Antagonists," US 7,550,595 B2, September 6, 2011.
- United States Patent and Trademark Office, "Patent and Trademark Office Notices," September 17, 2009.
- Hoover Institution, "Patent Claims and Patent Scope," August 18, 2024.
- DrugBank, "Revefenacin: Uses, Interactions, Mechanism of Action," Accessed December 20, 2024.
