Understanding the Scope and Claims of United States Patent 8,357,693
Introduction
United States Patent 8,357,693, titled "Pharmacokinetically improved compounds," is a significant patent in the pharmaceutical industry, particularly in the realm of Rho kinase (ROCK) inhibitors. Here, we will delve into the details of this patent, including its scope, claims, and the broader patent landscape it operates within.
Patent Overview
Issuance and Assignee
The patent was issued on January 22, 2013, and is assigned to Surface Logix, Inc.[2].
Scope of the Patent
The patent focuses on inhibitors of ROCK1 and ROCK2, which are enzymes involved in various cellular functions, including cell proliferation, migration, and contraction. These inhibitors have potential therapeutic applications in treating diseases such as cardiovascular diseases, neurological disorders, and cancer.
Pharmacokinetic and Pharmacodynamic Improvements
The patent describes methods for modulating the pharmacokinetic and pharmacodynamic properties of ROCK inhibitors. This includes enhancing the bioavailability, stability, and efficacy of these compounds, which is crucial for their therapeutic effectiveness[1].
Claims of the Patent
The claims of the patent are comprehensive and cover several key aspects:
Compound Claims
- The patent claims specific chemical compounds that act as inhibitors of ROCK1 and ROCK2. These compounds are described in detail, including their structural formulas and synthetic methods[1].
Method Claims
- The patent also claims methods for treating diseases and disorders by inhibiting ROCK1 and/or ROCK2. These methods include administering the claimed compounds in various formulations and dosages[1].
Pharmacokinetic and Pharmacodynamic Claims
- Claims related to the pharmacokinetic and pharmacodynamic properties of the compounds, such as improved bioavailability, half-life, and metabolic stability, are also included[1].
Patent Expiration Dates
The patent is set to expire on October 30, 2029. This expiration date is significant as it marks the end of the exclusive rights granted to the patent holder, after which the technology can be freely used by others[2].
Broader Patent Landscape
Related Patents
Other patents related to ROCK inhibitors have been issued, often by the same assignees or inventors. For example, patents 10,183,931 and 10,696,660, assigned to Kadmon Corporation, LLC, also relate to inhibitors of ROCK1 and ROCK2 and have similar expiration dates of October 7, 2033[2].
Patent Jurisprudence
The scope of patent claims in the pharmaceutical and biotechnology industries has been subject to significant scrutiny. The Federal Circuit’s recent jurisprudence on 35 U.S.C. § 112 has made it challenging to obtain broad patent protection for drugs and biologics. The court's emphasis on the written description and enablement requirements has narrowed the scope of genus claims, making it difficult for innovators to claim the full scope of their inventions without violating these requirements[3].
Valuation and Economic Impact
The value of a patent like US 8,357,693 can be substantial. Patents in the pharmaceutical industry are often valued using the income approach, which considers the future benefits provided by the patent, such as revenue from drug sales. The market value can also be determined by what a willing buyer would pay for similar assets. For instance, significant patent deals in the tech industry have shown that patents can be valued in the millions or even billions of dollars[4].
Industry Impact
The patent landscape for ROCK inhibitors is dynamic and influenced by ongoing research and development. Companies like Kadmon Corporation, LLC, are actively involved in developing and patenting new compounds and methods, which reflects the competitive and innovative nature of the industry.
Key Takeaways
- Patent Scope: The patent covers specific ROCK inhibitors and methods for their pharmacokinetic and pharmacodynamic improvement.
- Claims: The claims are detailed and include compound, method, and pharmacokinetic/pharmacodynamic aspects.
- Expiration Date: The patent expires on October 30, 2029.
- Related Patents: Other patents by Kadmon Corporation, LLC, and Surface Logix, Inc., are part of the broader landscape.
- Jurisprudence: Recent court decisions have narrowed the scope of patent claims in the pharmaceutical industry.
- Valuation: The patent's value is significant, reflecting its potential economic impact.
FAQs
Q: What is the primary focus of United States Patent 8,357,693?
A: The primary focus is on inhibitors of ROCK1 and ROCK2 and methods for improving their pharmacokinetic and pharmacodynamic properties.
Q: Who is the assignee of this patent?
A: The patent is assigned to Surface Logix, Inc.
Q: When does the patent expire?
A: The patent is set to expire on October 30, 2029.
Q: How do recent court decisions affect the scope of patent claims in this industry?
A: Recent jurisprudence has made it more challenging to obtain broad patent protection by emphasizing the written description and enablement requirements, thereby narrowing the scope of genus claims.
Q: What is the potential economic impact of this patent?
A: The patent can have a significant economic impact due to its potential to generate revenue from drug sales, reflecting its value in the millions or even billions of dollars.
Sources
- US8357693B2 - Pharmacokinetically improved compounds - Google Patents
- Generic Rezurock Availability - Drugs.com
- Eviscerating Patent Scope - DigitalCommons@NYLS
- The value of a patent - Perpetual Motion Patents