United States Patent 7,772,243: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 7,772,243, titled "4-phenylamino-quinazolin-6-yl-amides," is a significant patent in the field of pharmaceuticals, particularly in the development of compounds for treating proliferative disorders. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Inventors and Assignees
The patent was invented by a team of researchers including Stephen Alan Fakhoury, Helen Tsenwhei Lee, Jessica Elizabeth Reed, Kevin Matthew Schlosser, Karen Elaine Sexton, Haile Tecle, and Roy Thomas Winters. The assignee of the patent is Warner-Lambert Company LLC, now a part of Pfizer Inc.[1][4].
Patent Scope
The patent covers a class of quinazoline compounds, specifically 4-phenylamino-quinazolin-6-yl-amides, which are useful in the treatment of proliferative disorders such as cancer. These compounds act as inhibitors of tyrosine kinases, enzymes that play a crucial role in the signaling pathways that regulate cell division and growth[1][4].
Claims
The patent includes several claims that define the scope of the invention. Here are some key aspects:
- Chemical Structure: The claims specify the chemical structure of the quinazoline compounds, including the substituents and their positions on the quinazoline ring. For example, R can be selected from halogens such as F, Br, Cl, or I[1].
- Substituents: The patent details various substituents that can be attached to the quinazoline ring, including alkyl groups, morpholino, piperidine, piperazine, and imidazole groups[1].
- Therapeutic Use: The claims also cover the use of these compounds in methods for treating, preventing, or inhibiting proliferative disorders[4].
Patent Claims Metrics
To understand the scope and quality of the patent, metrics such as independent claim length (ICL) and independent claim count (ICC) can be used. These metrics help in assessing the breadth and clarity of the patent claims. Generally, narrower claims with fewer words and fewer independent claims are associated with a higher probability of grant and a shorter examination process[3].
Related Patents and Prior Art
The patent is part of a larger family of patents related to quinazoline compounds. It cites several prior art patents, including U.S. Patents 5,362,878, 5,366,987, and 5,441,975, among others. These patents provide a background on the development of similar compounds and their therapeutic applications[1][4].
Patent Expiration and Exclusivity
The patent was granted on August 10, 2010, and is set to expire on May 5, 2025, unless extended or adjusted under 35 U.S.C. 154(b). This expiration date marks the end of the exclusive rights granted to the patent holder. Additionally, any exclusivity periods granted by the FDA would have run concurrently with the patent term[2][4].
Impact on Innovation and Litigation
The breadth and clarity of patent claims can significantly impact innovation and litigation. Broader and less clear claims can lead to increased licensing and litigation costs, potentially diminishing incentives for innovation. The examination process tends to narrow the scope of patent claims, which can affect the patent's validity and enforceability[3].
Industry Relevance
The compounds described in this patent are relevant to the treatment of various cancers, including those resistant to other tyrosine kinase inhibitors. For instance, a related patent (10,596,162) discusses methods for treating gefitinib-resistant cancer using similar quinazoline compounds[2].
Quotes from Industry Experts
"Many panelists and participants expressed the view that software and Internet patents are impeding innovation." - Federal Trade Commission (FTC) Report, 2003[3].
This quote, although not directly related to pharmaceutical patents, highlights the broader concerns about patent scope and its impact on innovation.
Illustrative Statistics
- The patent has been cited in numerous other patent applications and grants, indicating its significance in the field.
- The examination process for this patent likely involved narrowing the claims to ensure clarity and specificity, a common practice that affects the patent's scope and enforceability[3].
Highlight and Citation
"The purported decrease in patent quality over the past decade or two has supposedly led to granting patents of increased breadth (or “overly broad” patents), decreased clarity, and questionable validity."
- Alan C. Marco et al., U.S. Patent and Trademark Office, Patent Claims and Patent Scope[3].
Key Takeaways
- Patent Scope: The patent covers specific quinazoline compounds useful in treating proliferative disorders.
- Claims: The claims define the chemical structure and therapeutic use of these compounds.
- Expiration: The patent is set to expire on May 5, 2025.
- Impact: The patent's breadth and clarity can affect innovation and litigation.
- Industry Relevance: The compounds are significant in cancer treatment, particularly for resistant cases.
FAQs
What is the main subject of United States Patent 7,772,243?
The main subject is a class of quinazoline compounds, specifically 4-phenylamino-quinazolin-6-yl-amides, used in treating proliferative disorders.
Who are the inventors of this patent?
The inventors include Stephen Alan Fakhoury, Helen Tsenwhei Lee, Jessica Elizabeth Reed, Kevin Matthew Schlosser, Karen Elaine Sexton, Haile Tecle, and Roy Thomas Winters.
What is the assignee of this patent?
The assignee is Warner-Lambert Company LLC, now part of Pfizer Inc.
When is the patent set to expire?
The patent is set to expire on May 5, 2025.
How do the claims of this patent affect its scope and enforceability?
The claims define the chemical structure and therapeutic use, and their breadth and clarity can impact innovation and litigation, with narrower claims generally being more enforceable.
What is the significance of this patent in the pharmaceutical industry?
The patent is significant for the treatment of cancers, particularly those resistant to other tyrosine kinase inhibitors.
Sources Cited
- United States Patent and Trademark Office, "4-PHENYLAMINO-QUINAZOLIN-6-YL-AMIDES," US 7,772,243 B2, August 10, 2010.
- Drugs.com, "Generic Vizimpro Availability," November 6, 2024.
- Hoover Institution, "Patent Claims and Patent Scope," Working Paper Series No. 16001, August 18, 2016.
- United States Patent and Trademark Office, "4-PHENYLAMINO-QUINAZOLIN-6-YL-AMIDES," US 8,623,883 B2, January 7, 2014.
