United States Patent 8,691,938: A Detailed Analysis of Scope and Claims
Introduction
United States Patent 8,691,938, titled "Anti-viral compounds," is a significant patent in the field of pharmaceuticals, particularly in the treatment of Hepatitis C virus (HCV). This patent, granted to inventors who developed compounds effective in inhibiting the replication of HCV, provides a comprehensive overview of the anti-viral compounds, their synthesis, and their applications.
Patent Overview
Publication Number and Authority
The patent is identified by the publication number US8691938B2 and is authorized by the United States Patent and Trademark Office (USPTO)[4][5].
Prior Art and Background
The patent builds upon existing knowledge in the field of anti-viral compounds, particularly those targeting HCV. It acknowledges prior art related to the synthesis and use of similar compounds but introduces novel structures and methods that enhance efficacy and reduce side effects.
Claims
The patent includes multiple claims that define the scope of the invention. Here are some key aspects:
Compound Claims
- The patent claims various compounds that are optionally substituted and have specific chemical structures, such as bis-alkyl and cyclohexyl groups. These compounds are designed to inhibit the replication of HCV[4][5].
Process Claims
- The patent also claims methods for synthesizing these anti-viral compounds, including reduction reactions, coupling processes, and the use of specific reagents like sodium borohydride and sulfuric acid[4][5].
Pharmaceutical Composition Claims
- Claims include pharmaceutical compositions that contain these anti-viral compounds, either alone or in combination with other therapeutic agents. These compositions can be in various forms, such as salts, prodrugs, and mixtures[4][5].
Scope of the Invention
Chemical Structure and Synthesis
The scope of the invention is broad, covering a wide range of chemical structures that are effective against HCV. The compounds are characterized by their ability to inhibit viral replication, and the patent provides detailed descriptions of their synthesis, including the use of protecting groups and specific reaction conditions[4][5].
Therapeutic Applications
The patent emphasizes the therapeutic applications of these compounds, particularly in treating infectious diseases caused by HCV. It outlines the inhibitory effects of these compounds on viral replication and their potential use in clinical settings[4][5].
Patent Landscape
Related Patents and Publications
The patent landscape for anti-viral compounds targeting HCV is extensive. Other patents and publications in this field often focus on similar chemical structures and therapeutic applications. For instance, the European Patent Office (EPO) and other international intellectual property offices have granted patents for similar anti-viral compounds, highlighting the global interest in this area[1].
Global Dossier and International Patent Offices
The Global Dossier service provided by the USPTO allows users to access the file histories of related applications from participating IP Offices, which can include similar patents filed in other countries. This service helps in understanding the global patent landscape for anti-viral compounds[1].
Common Citation Document (CCD)
The Common Citation Document (CCD) application consolidates prior art cited by participating IP Offices, enabling a comprehensive view of the patent family and related citations. This tool is crucial for understanding the prior art and the novelty of the claimed inventions in the context of international patent applications[1].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents, including those related to pharmaceuticals. This dataset can be used to analyze trends and measurements of patent scope, which is relevant for understanding the economic and research implications of patents like US8691938B2[3].
Market Impact
Patents like US8691938B2 have significant market impact, particularly in the pharmaceutical industry. They influence the development of new drugs, the competition among pharmaceutical companies, and the availability of treatments for patients. The exclusivity granted by the patent can drive innovation but also affects the pricing and accessibility of these treatments.
Legal and Regulatory Considerations
Patent Litigation and Enforcement
The enforcement of patents like US8691938B2 involves complex legal considerations. The potential for patent litigation is high in the pharmaceutical industry, and the validity and scope of the patent claims are often challenged. The study on a small claims patent court by the Administrative Conference of the United States (ACUS) highlights the need for efficient and cost-effective mechanisms for resolving patent disputes[2].
Regulatory Approvals
Before these anti-viral compounds can be marketed, they must undergo rigorous regulatory approvals. The patent provides a foundation for these compounds, but additional clinical trials and regulatory clearances are necessary to ensure their safety and efficacy.
Key Takeaways
- Novel Compounds: The patent introduces novel anti-viral compounds effective against HCV.
- Synthesis Methods: Detailed methods for synthesizing these compounds are provided.
- Therapeutic Applications: The compounds are intended for treating HCV infections.
- Global Patent Landscape: The patent is part of a broader global landscape of anti-viral compounds.
- Economic and Research Implications: The patent influences pharmaceutical innovation and market dynamics.
- Legal and Regulatory Considerations: Enforcement and regulatory approvals are critical for the commercialization of these compounds.
FAQs
What is the main focus of United States Patent 8,691,938?
The main focus of this patent is on anti-viral compounds designed to inhibit the replication of Hepatitis C virus (HCV).
How are the compounds in this patent synthesized?
The compounds are synthesized through various chemical reactions, including reduction reactions and coupling processes, using specific reagents like sodium borohydride and sulfuric acid.
What are the therapeutic applications of these compounds?
These compounds are intended for treating infectious diseases caused by HCV.
How does this patent fit into the global patent landscape?
This patent is part of a broader global landscape of anti-viral compounds, with similar patents and publications existing in other countries and accessible through services like the Global Dossier.
What are the economic implications of this patent?
The patent can drive innovation in the pharmaceutical industry, influence market competition, and affect the pricing and accessibility of treatments for HCV.
What legal considerations are involved in enforcing this patent?
Enforcing this patent involves complex legal considerations, including potential litigation and the need for efficient mechanisms for resolving patent disputes, as highlighted by the ACUS study on a small claims patent court.
