United States Patent 7,767,675: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 7,767,675, titled "Imidazotriazines And Imidazopyrimidines As Kinase Inhibitors," was granted to Incyte Corporation on August 3, 2010. This patent is significant for its coverage of the human drug product known by the tradename TABRECTA® (capmatinib), a kinase inhibitor used in the treatment of certain cancers.
Inventors and Assignees
The patent was invented by a team of researchers including Jincong Zhuo, Meizhong Xu, Chunhong He, Colin Zhang, Ding-Quan Qian, Brian Metcalf, and Wenqing Yao. The assignees are Incyte Corporation and Incyte Holdings Corporation[2].
Patent Scope and Claims
The patent covers a class of compounds known as imidazotriazines and imidazopyrimidines, which are used as kinase inhibitors. Kinase inhibitors are crucial in the treatment of various diseases, particularly cancers, by inhibiting the activity of kinases that are involved in cell signaling pathways.
Claim Structure
The patent includes multiple claims that define the scope of the invention. These claims are categorized into independent and dependent claims. Independent claims broadly define the invention, while dependent claims narrow down the scope by adding specific details or limitations to the independent claims[3].
Claim Language and Breadth
The claims in this patent are detailed and specific, ensuring clarity and reducing the likelihood of overly broad interpretations. This is important because overly broad claims can lead to increased licensing and litigation costs, potentially hindering innovation[3].
Patent Term and Extension
The original expiration date of the patent was November 19, 2027. However, due to the regulatory review period for the drug product TABRECTA®, the patent term has been extended under 35 U.S.C. § 156. The extension period was determined to be 5 years, extending the patent term to November 19, 2032[2].
Regulatory Review Period
The regulatory review period began on December 13, 2008, before the patent was issued. The extension calculation considers the total number of days in the regulatory review period, minus the days before the patent issuance, and other adjustments as specified in 35 U.S.C. § 156(c)[2].
Related Patents and Continuations
This patent is part of a larger family of patents related to kinase inhibitors. Other patents, such as U.S. Patent No. 8,420,645, also cover aspects of the same drug product and its salts. These patents are continuations or related applications that further define and protect the intellectual property surrounding TABRECTA®[4].
International Patent Landscape
The patent has international counterparts, with applications filed under the Patent Cooperation Treaty (PCT) and in various countries. International Search Reports and International Preliminary Reports on Patentability have been issued for these applications, ensuring global protection for the invention[4].
Patent Quality and Examination Process
The examination process for this patent, as with many others, involved narrowing the scope of the claims to ensure clarity and validity. The patent office tends to narrow the scope of patent claims during the examination process, especially when the duration of examination is longer. This process helps in maintaining patent quality and reducing potential litigation[3].
Impact on Innovation
The specific and clear claims in this patent help in promoting innovation by providing clear boundaries for what is protected. This clarity reduces the risk of overlapping claims and litigation, which can otherwise impede the development of new drugs and therapies.
Market and Clinical Significance
TABRECTA® (capmatinib), the drug product covered by this patent, is significant in the treatment of non-small cell lung cancer (NSCLC) with specific genetic mutations. The patent's extension ensures that Incyte Corporation maintains exclusive rights to this drug, allowing for continued research and development in this critical therapeutic area.
Key Takeaways
- Patent Scope: The patent covers imidazotriazines and imidazopyrimidines as kinase inhibitors.
- Claims: Specific and detailed claims ensure clarity and reduce the risk of overly broad interpretations.
- Patent Term Extension: The patent term has been extended by 5 years due to the regulatory review period.
- Related Patents: Part of a larger family of patents related to TABRECTA®.
- International Protection: Global protection through PCT and national phase applications.
- Impact on Innovation: Clear claims promote innovation by reducing litigation risks.
FAQs
Q: What is the main subject of United States Patent 7,767,675?
A: The main subject is imidazotriazines and imidazopyrimidines as kinase inhibitors.
Q: Who are the inventors of this patent?
A: The inventors include Jincong Zhuo, Meizhong Xu, Chunhong He, Colin Zhang, Ding-Quan Qian, Brian Metcalf, and Wenqing Yao.
Q: What is the tradename of the drug product covered by this patent?
A: The tradename is TABRECTA® (capmatinib).
Q: Why was the patent term extended?
A: The patent term was extended due to the regulatory review period for the drug product TABRECTA®.
Q: What is the significance of this patent in the medical field?
A: It covers a crucial drug for treating non-small cell lung cancer (NSCLC) with specific genetic mutations.
Cited Sources
- United States Patent and Trademark Office, "U.S. Patent No. 7,767,675 B2," August 3, 2010.
- Commissioner for Patents United States Patent and Trademark Office, "NOTICE OF FINAL DETERMINATION REQUIREMENT FOR PATENT TERM EXTENSION," July 11, 2022.
- Hoover Institution, "Patent Claims and Patent Scope," August 2016.
- United States Patent and Trademark Office, "U.S. Patent No. 11,261,191 B2," March 1, 2022.
- Drugs.com, "Generic Tabrecta Availability," November 6, 2024.
