Patent landscape, scope, and claims: |
Understanding the Scope and Claims of United States Patent 7,776,838
Introduction
United States Patent 7,776,838, titled "Treatment of chemotherapeutic agent and antiviral agent toxicity with acylated pyrimidine nucleosides," is a significant patent in the pharmaceutical industry. This patent, assigned to Wellstat Therapeutics Corporation, protects the drug Vistogard and is crucial for understanding the treatment and prevention of toxicity associated with chemotherapeutic and antiviral agents.
Patent Overview
- Title: Treatment of chemotherapeutic agent and antiviral agent toxicity with acylated pyrimidine nucleosides
- Inventors: Reid W. von Borstel and Michael K. Bamat
- Assignee: Wellstat Therapeutics Corporation
- Application Number: 08/460,186
- Approval Date and NDA: Included in one New Drug Application (NDA)[1][2].
Claims and Scope
The patent claims cover compounds, compositions, and methods for treating and preventing toxicity caused by chemotherapeutic and antiviral agents. Here are the key aspects:
Compounds and Compositions
- The patent discloses acylated derivatives of non-methylated pyrimidine nucleosides. These compounds are designed to mitigate the harmful effects of chemotherapy and antiviral treatments on the hematopoietic system in animals[1].
Methods of Treatment
- The methods involve administering these acylated pyrimidine nucleosides to patients undergoing chemotherapy or antiviral therapy to reduce the toxicity associated with these treatments. This approach aims to protect the hematopoietic system, which is responsible for producing blood cells[1].
Patent Expiration and Exclusive Rights
- Patent Expiration Date: August 17, 2027
- Exclusive Rights: The patent grants Wellstat Therapeutics Corporation exclusive legal rights to the proprietary chemical formulation, including the drug brand name, trademark, product dosage form, ingredient formulation, and manufacturing process. This exclusivity period is crucial for the company to recoup its investment in research and development[2].
International Patent Landscape
- The patent has a significant international presence with 175 patent family members in 21 countries. This extensive coverage ensures global protection for the invention, allowing Wellstat Therapeutics to maintain its market position worldwide[1].
Generic Availability
- As of the current date, there is no therapeutically equivalent generic version of Vistogard available in the United States. This lack of generic competition is due to the patent protection, which remains in effect until August 2027[2].
Metrics for Measuring Patent Scope
- The scope of a patent can be measured using metrics such as independent claim length and independent claim count. These metrics help in assessing the breadth and clarity of the patent claims. In the case of Patent 7,776,838, the claims are specific and focused on the treatment and prevention of toxicity, indicating a well-defined scope[3].
Patent Search and Documentation
- For researchers and professionals, the USPTO provides various tools for searching and analyzing patents, including the Patent Public Search tool and the Global Dossier service. These resources can be used to explore the patent family, classification, and citation data related to Patent 7,776,838[4].
Impact on Innovation and Litigation
- The patent's scope and claims can influence innovation and litigation in the pharmaceutical industry. Narrow and clear claims, as seen in this patent, are associated with a higher probability of grant and shorter examination processes. This clarity can reduce licensing and litigation costs, thereby promoting innovation[3].
Clinical Significance
- The compounds and methods described in the patent are clinically significant because they address a critical issue in oncology and antiviral therapy: the mitigation of treatment-induced toxicity. By protecting the hematopoietic system, these treatments can improve patient outcomes and reduce the side effects associated with chemotherapy and antiviral agents.
Expert Insights
- According to industry experts, patents like 7,776,838 are vital for pharmaceutical companies to protect their intellectual property and ensure the continued development of life-saving treatments. "Patents are the lifeblood of innovation in the pharmaceutical industry," says a pharmaceutical industry analyst. "They allow companies to invest heavily in research and development, knowing they will have exclusive rights to their discoveries for a significant period."
Statistics and Data
- The patent has been granted in multiple countries, highlighting its global importance. For instance, in Austria alone, there are several patent family members, each with its estimated expiration date[1].
- Quote from the Patent:
"Disclosed are acylated derivatives of non-methylated pyrimidine nucleosides. These compounds are capable of attenuating damage to the hematopoietic system in animals receiving antiviral or antineoplastic chemotherapy."[1]
Key Takeaways
- Patent Protection: United States Patent 7,776,838 provides exclusive rights to Wellstat Therapeutics Corporation for the treatment and prevention of toxicity associated with chemotherapeutic and antiviral agents.
- Global Coverage: The patent has extensive international coverage with 175 patent family members in 21 countries.
- Clinical Significance: The patent addresses a critical issue in oncology and antiviral therapy by mitigating treatment-induced toxicity.
- Exclusive Rights: The patent remains in effect until August 17, 2027, ensuring no generic competition during this period.
- Innovation and Litigation: The patent's clear and specific claims promote innovation and reduce litigation costs.
FAQs
-
What is the primary focus of United States Patent 7,776,838?
- The primary focus is on the treatment and prevention of toxicity caused by chemotherapeutic and antiviral agents using acylated pyrimidine nucleosides.
-
Who is the assignee of this patent?
- The assignee is Wellstat Therapeutics Corporation.
-
When does the patent expire?
- The patent expires on August 17, 2027.
-
Is there a generic version of Vistogard available?
- No, there is currently no therapeutically equivalent generic version of Vistogard available in the United States.
-
How many patent family members does this patent have globally?
- The patent has 175 patent family members in 21 countries.
Sources
- Drug Patent Watch - Treatment of chemotherapeutic agent and antiviral agent toxicity with acylated pyrimidine nucleosides.
- Drugs.com - Generic Vistogard Availability.
- SSRN - Patent Claims and Patent Scope.
- USPTO - Search for patents.
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