United States Patent 7,807,708: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 7,807,708, titled "Ligands that modulate RAR receptors and pharmaceutical/cosmetic compositions comprised thereof," is a significant patent held by Galderma Research & Development. This patent protects novel ligand compounds and their applications in human and veterinary medicine, particularly in the field of dermatology and cosmetics.
Patent Overview
Publication and Expiration Dates
The patent was issued on October 5, 2010, and is set to expire on July 19, 2031[5].
Assignee and Inventors
The patent is assigned to Galderma Research & Development, with inventors including Biadatti Thibaud, Dumais Laurence, Soulet Catherine, Talano Sandrine, and Daver Sebastien[5].
Claims and Scope
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims cover:
- Novel ligand compounds having a specific general formula (I) that modulate RAR (Retinoic Acid Receptors) receptors.
- Pharmaceutical and cosmetic compositions comprising these ligand compounds.
- Methods of preparing these compositions and their use in treating various conditions, particularly those related to skin and mucous membranes[4].
Dependent Claims
Dependent claims further specify the characteristics of the ligand compounds, such as their chemical structure, and the compositions in which they are used. These claims also detail the methods of preparation and application of these compositions[4].
Patent Scope Metrics
Independent Claim Length and Count
The scope of the patent can be measured using metrics such as independent claim length (ICL) and independent claim count (ICC). These metrics are important in assessing the breadth and clarity of the patent claims. Generally, narrower claims with shorter lengths and fewer independent claims are associated with a higher probability of grant and a shorter examination process[3].
Prior Art and Obviousness
Obviousness Standard
The obviousness of the claimed invention is determined based on the standard set forth in 35 U.S.C. ยง 103 and Supreme Court decisions such as Graham v. John Deere Co. of Kansas City and KSR Int'l Co. v. Teleflex Inc. The patent must demonstrate that the differences between the claimed invention and the prior art are not obvious to a person having ordinary skill in the art[1].
Teaching, Suggestion, or Motivation (TSM) Test
Although the TSM test, which required a teaching, suggestion, or motivation in the prior art to combine elements, was rejected by the Supreme Court in KSR Int'l Co. v. Teleflex Inc., the concept remains relevant. The court emphasized that common sense and the knowledge of a person having ordinary skill in the art (PHOSITA) can direct the combination of prior art elements to achieve predictable benefits[1].
Patent Landscape
Related Patents
The patent 7,807,708 is part of a broader patent family that includes other patents related to ligands that modulate RAR receptors and various compositions containing these ligands. Other notable patents in this family include:
- US8,227,507 and US8,470,871, which also cover ligand compounds and are set to expire on December 21, 2025[5].
- US9,084,778 and US9,498,465, which cover topical compositions and are set to expire on May 30, 2033[5].
Global Protection
While the focus here is on U.S. patents, it is crucial to note that Galderma's protection extends to multiple countries. Understanding the global patent landscape is essential for strategizing market entry and identifying potential generic entry points[2].
Legal Activities and Patent Term
Maintenance Fees and Term Extensions
The patent's life can be affected by various legal activities such as the payment of maintenance fees, term extensions, or amendments to the claims. For example, a patent term extension certificate was issued for US7,807,708 in May 2023, and notices of final determination were made in April 2023[2].
Challenges and Oppositions
The patents have been open to challenges since October 2023, and any successful opposition or legal challenge could impact the patent's validity and expiration date[2].
Impact on Generic Launch
Generic Availability
Currently, there is no therapeutically equivalent generic version of the drug protected by this patent available in the United States. The estimated generic launch date, based on the patent expirations, is May 30, 2033[5].
Market Strategy
Understanding the patent landscape and the expiration dates of related patents is crucial for generic manufacturers planning to enter the market. Identifying markets with weaker patent protection can provide strategic advantages for early generic entry[2].
Key Takeaways
- Patent Scope and Claims: The patent covers novel ligand compounds and their compositions, with specific claims defining the scope of the invention.
- Obviousness Standard: The patent's validity is assessed based on the obviousness standard, considering prior art and the knowledge of a PHOSITA.
- Patent Landscape: The patent is part of a broader family of patents protecting related compounds and compositions.
- Legal Activities: The patent's life can be affected by maintenance fees, term extensions, and legal challenges.
- Generic Launch: The estimated generic launch date is tied to the expiration of related patents.
FAQs
What is the main subject of United States Patent 7,807,708?
The main subject of this patent is novel ligand compounds that modulate RAR receptors and pharmaceutical/cosmetic compositions comprising these ligands.
Who is the assignee of this patent?
The assignee of this patent is Galderma Research & Development.
When is the patent set to expire?
The patent is set to expire on July 19, 2031.
What other patents are related to this one?
Related patents include US8,227,507, US8,470,871, US9,084,778, and US9,498,465, which cover similar ligand compounds and compositions.
Is a generic version of the drug available?
No, there is currently no therapeutically equivalent generic version of the drug available in the United States.
Cited Sources:
- Gao, Y. (2016-2017). Lead Compound Analysis for Chemicals: Obvious or Nonobvious? Michigan State University College of Law.
- Pharsight. Aklief patent expiration.
- Hoover Institution. (2016). Patent Claims and Patent Scope.
- Google Patents. US7807708B2 - Ligands that modulate RAR receptors and pharmaceutical/cosmetic compositions comprised thereof.
- Drugs.com. Generic Aklief Availability.
