United States Patent 8,461,330: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,461,330, titled "Imidazotriazines and imidazopyrimidines as kinase inhibitors," is a significant patent in the pharmaceutical industry, particularly in the field of cancer treatment. This patent, assigned to Incyte Corporation, protects the drug TABRECTA (capmatinib hydrochloride) and is crucial for understanding the patent landscape in kinase inhibitors.
Patent Overview
Title and Abstract
The patent is directed to imidazo[1,2-b][1,2,4]triazines and imidazo[1,2-a]pyrimidines, and their pharmaceutical compositions, which are inhibitors of kinases such as c-Met. These compounds are useful in the treatment of cancer and other diseases related to the dysregulation of kinase pathways[2][4].
Inventors and Assignee
The inventors listed include Jincong Zhuo, Meizhong Xu, Chunhong He, Colin Zhang, Ding-Quan Qian, David M. Burns, Yun-Long Li, Brian Metcalf, and Wenqing Yao. The patent is assigned to Incyte Corporation, based in Wilmington, DE[2][4].
Application and Patent Details
The patent application number is 12/813,148, and the patent was granted on May 6, 2020, as part of the New Drug Application (NDA) 213591-001 and 213591-002 for TABRECTA[2].
Patent Claims
Types of Claims
The patent includes various types of claims, such as use claims, composition claims, and compound claims. These claims are critical in defining the scope of the patent and what is protected under it[2].
Claim Language and Scope
The scope of the patent is determined by the language used in the claims. Research suggests that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims, as seen in this patent, are often associated with a higher probability of grant and a shorter examination process[3].
Patent Landscape
Global Patent Family
This patent has a significant global presence with seventy-eight patent family members in thirty-six countries. This extensive coverage highlights the international importance of the invention and the broad protection it enjoys[2].
Supplementary Protection Certificates (SPCs)
In addition to the basic patent protection, the patent also benefits from Supplementary Protection Certificates (SPCs) in various countries such as Switzerland, Denmark, and the Netherlands. These SPCs extend the patent protection beyond the standard term, providing additional market exclusivity[2].
International Patent Databases
Access to Global Patent Information
To understand the full scope of this patent, it is essential to access global patent databases. Resources like the European Patent Office's esp@cenet, the Japan Patent Office, and the World Intellectual Property Organization's PATENTSCOPE provide comprehensive access to international patent information. This includes machine translations of patents, which can be particularly useful for analyzing patents in different languages[1].
Patent Expiration and Market Impact
Estimated Expiration
The patent is set to expire, but the exact date can vary depending on the country and any additional protection provided by SPCs. The expiration of this patent will have significant implications for the market, potentially allowing generic versions of TABRECTA to enter the market[2].
Market Dominance
Until its expiration, the patent provides Incyte Corporation with exclusive rights to market and sell TABRECTA, giving the company a competitive edge in the kinase inhibitor market. This exclusivity is crucial for recouping the significant investment in research and development[2].
Legal and Regulatory Aspects
Office Actions and Patent Examination
The patent has undergone rigorous examination, and any office actions or communications with the patent office are accessible through resources like the Patent Examination Data System (PEDS) or the Global Dossier. These tools provide insights into the examination process and any challenges faced during the patent grant process[1].
Public Access and Search Tools
USPTO Resources
The United States Patent and Trademark Office (USPTO) offers several resources for searching and analyzing patents, including the Patent Public Search tool, the Public Search Facility, and Patent and Trademark Resource Centers (PTRCs). These resources are invaluable for conducting thorough patent searches and understanding the patent landscape[1].
Conclusion
United States Patent 8,461,330 is a pivotal patent in the field of kinase inhibitors, providing broad protection for TABRECTA and its related compounds. Understanding the scope, claims, and global patent landscape of this patent is essential for both the pharmaceutical industry and researchers.
Key Takeaways
- Patent Scope: Defined by the language used in the claims, with narrower claims associated with a higher probability of grant.
- Global Presence: Seventy-eight patent family members in thirty-six countries.
- Supplementary Protection: Extended protection through SPCs in various countries.
- Market Impact: Exclusive rights to market and sell TABRECTA until patent expiration.
- Public Access: Resources like USPTO's Patent Public Search and Global Dossier facilitate thorough patent searches.
FAQs
Q: What is the main subject of United States Patent 8,461,330?
A: The patent is directed to imidazo[1,2-b][1,2,4]triazines and imidazo[1,2-a]pyrimidines, and their pharmaceutical compositions, which are inhibitors of kinases such as c-Met.
Q: Who is the assignee of this patent?
A: The patent is assigned to Incyte Corporation.
Q: How many patent family members does this patent have globally?
A: The patent has seventy-eight patent family members in thirty-six countries.
Q: What is the significance of Supplementary Protection Certificates (SPCs) for this patent?
A: SPCs extend the patent protection beyond the standard term, providing additional market exclusivity in various countries.
Q: Where can one access detailed information about this patent and its global counterparts?
A: Resources like the USPTO's Patent Public Search, Global Dossier, and international patent databases such as esp@cenet and PATENTSCOPE provide comprehensive access to patent information.
Sources
- USPTO: Search for patents - USPTO
- DrugPatentWatch: Pharmaceutical drugs covered by patent 8,461,330
- SSRN: Patent Claims and Patent Scope
- Google Patents: US8461330B2 - Imidazotriazines and imidazopyrimidines as kinase inhibitors
- PubChem: Imidazotriazines and imidazopyrimidines as kinase inhibitors
