United States Patent 8,680,136: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,680,136, titled "Cyclic Boronic Acid Ester Derivatives and Therapeutic Uses Thereof," is a significant patent in the pharmaceutical sector, particularly in the development of antimicrobial compounds. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Inventors and Assignee
The patent was invented by a team of researchers including Gavin Hirst, Raja Reddy, Scott Hecker, Maxim Totrov, David C. Griffith, Olga Rodny, Michael N. Dudley, and Serge Boyer. The assignee of the patent is Rempex Pharmaceuticals, Inc., based in San Diego, CA[4].
Patent Issuance and Expiration
The patent was issued on March 25, 2014, and is set to expire on August 29, 2031, considering the standard 20-year term from the date of filing, adjusted for any extensions or adjustments under 35 U.S.C. ยง 154(b)[4].
Scope of the Patent
The patent covers cyclic boronic acid ester derivatives and their therapeutic uses, particularly as antimicrobial agents. The invention includes pharmaceutical compositions, the use, and preparation of these compounds. The scope is broad enough to encompass various embodiments related to the synthesis, formulation, and application of these derivatives in treating microbial infections[4].
Claims
The patent includes multiple claims that define the scope of the invention. Here are some key aspects:
- Independent Claims: These claims define the core invention and are typically broader in scope. For example, Claim 1 might describe the general structure of the cyclic boronic acid ester derivatives and their use as therapeutic agents[4].
- Dependent Claims: These claims are narrower and build upon the independent claims. They might specify particular embodiments, such as specific chemical structures, methods of preparation, or specific therapeutic uses[4].
Patent Claims and Scope Metrics
The scope of the patent can be analyzed using metrics such as independent claim length and independent claim count. Research suggests that narrower claims at publication are associated with a higher probability of grant and a shorter examination process. The examination process often narrows the scope of patent claims in terms of both claim length and claim count[3].
Therapeutic Uses
The patent specifically highlights the therapeutic uses of the cyclic boronic acid ester derivatives, including their application as antimicrobial agents. These compounds are designed to target and inhibit the growth of various microorganisms, making them valuable in the treatment of infections[4].
Related Patents and Continuations
The inventors and assignee have filed several related patents that build upon or are continuations of the original patent. For example, patents 10,172,874, 10,183,034, and 10,561,675 also cover cyclic boronic acid ester derivatives and their therapeutic uses, with similar expiration dates around August 2031[2].
Patent Landscape
The patent landscape for antimicrobial compounds is complex and highly competitive. The presence of multiple patents from the same assignee indicates a strategic approach to protecting intellectual property and ensuring a broad scope of protection for their inventions. This is common in the pharmaceutical industry, where companies often file multiple patents to cover different aspects of a drug or its formulation[2].
Government Interest and Funding
While this specific patent does not indicate direct government funding, the broader context of pharmaceutical research often involves government grants and funding. The Bayh-Dole Act allows universities and other federal grant recipients to patent inventions created under these grants, which can lead to public-sector patents. However, this patent does not fall under the public-sector category as defined by government-interest statements[1].
Exclusivity and Market Impact
The patent assigns exclusive legal rights to Rempex Pharmaceuticals, Inc., allowing them to protect their proprietary chemical formulation. This exclusivity, combined with FDA-granted exclusivity periods, can significantly impact the market by preventing generic versions of the drug from being approved until the exclusivity and patent terms expire[2].
Conclusion
United States Patent 8,680,136 is a critical component of Rempex Pharmaceuticals' intellectual property portfolio, providing broad protection for their cyclic boronic acid ester derivatives. The patent's scope, claims, and therapeutic uses position it as a valuable asset in the fight against microbial infections. Understanding the patent landscape and the strategic filing of related patents highlights the company's commitment to innovation and market dominance.
Key Takeaways
- Inventors and Assignee: The patent was invented by a team of researchers and assigned to Rempex Pharmaceuticals, Inc.
- Scope and Claims: The patent covers cyclic boronic acid ester derivatives and their therapeutic uses as antimicrobial agents.
- Patent Metrics: Narrower claims are associated with a higher probability of grant and shorter examination process.
- Therapeutic Uses: The compounds are designed to target and inhibit microorganisms.
- Related Patents: Multiple related patents protect different aspects of the invention.
- Patent Landscape: The patent is part of a competitive landscape in antimicrobial research.
- Exclusivity: The patent and FDA exclusivity periods protect the proprietary formulation.
FAQs
What is the main subject of United States Patent 8,680,136?
The main subject is cyclic boronic acid ester derivatives and their therapeutic uses as antimicrobial agents.
Who are the inventors of this patent?
The inventors include Gavin Hirst, Raja Reddy, Scott Hecker, Maxim Totrov, David C. Griffith, Olga Rodny, Michael N. Dudley, and Serge Boyer.
What is the expiration date of this patent?
The patent is set to expire on August 29, 2031.
Are there related patents to this invention?
Yes, there are several related patents filed by the same assignee, including patents 10,172,874, 10,183,034, and 10,561,675.
Does this patent indicate any government funding or interest?
No, this patent does not indicate direct government funding or interest.
How does this patent impact the market?
The patent assigns exclusive rights to Rempex Pharmaceuticals, preventing generic versions of the drug until the patent and exclusivity terms expire.
Cited Sources
- The Feasibility of Using Bayh-Dole March-In Rights to Lower Drug Prices - National Bureau of Economic Research[1].
- Generic Vabomere Availability - Drugs.com[2].
- Patent Claims and Patent Scope - Hoover Institution[3].
- United States Patent 8,680,136 - U.S. Patent and Trademark Office[4].
