Details for Patent: 8,741,926

Which drugs does patent 8,741,926 protect, and when does it expire?

Patent 8,741,926 protects OLYSIO and is included in one NDA.

This patent has sixty-three patent family members in forty-one countries.

Summary for Patent: 8,741,926

Title:	Macrocyclic inhibitors of hepatitis C virus
Abstract:	Inhibitors of HCV replication of formula (I) ##STR00001## and the N-oxides, salts, and stereoisomers, wherein each dashed line represents an optional double bond; X is N, CH and where X bears a double bond it is C; R.sup.1 is --OR.sup.7, --NH--SO.sub.2R.sup.8; R.sup.2 is hydrogen, and where X is C or CH, R.sup.2 may also be C.sub.1-6alkyl; R.sup.3 is hydrogen, C.sub.1-6alkyl, C.sub.1-6alkoxyC.sub.1-6alkyl, C.sub.3-7cycloalkyl; R.sup.4 is aryl or Het; n is 3, 4, 5, or 6; R.sup.5 is halo, C.sub.1-6alkyl, hydroxy, C.sub.1-6alkoxy, phenyl, or Het; R.sup.6 is C.sub.1-6alkoxy, or dimethylamino; R.sup.7 is hydrogen; aryl; Het; C.sub.3-7cycloalkyl optionally substituted with C.sub.1-6alkyl; or C.sub.1-6alkyl optionally substituted with C.sub.3-7cycloalkyl, aryl or with Het; R.sup.8 is aryl; Het; C.sub.3-7cycloalkyl optionally substituted with C.sub.1-6alkyl; or C.sub.1-6alkyl optionally substituted with C.sub.3-7cycloalkyl, aryl or with Het; aryl is phenyl optionally substituted with one, two or three substituents; Het is a 5 or 6 membered saturated, partially unsaturated or completely unsaturated heterocyclic ring containing 1 to 4 heteroatoms selected from nitrogen, oxygen and sulfur, and being optionally substituted with one, two or three substituents; pharmaceutical compositions containing compounds (I) and processes for preparing compounds (I). Bioavailable combinations of the inhibitors of HCV of formula (I) with ritonavir are also provided.
Inventor(s):	Simmen; Kenneth Alan (Tervuren, BE), De Kock; Herman Augustinus (Arendonk, BE), Raboisson; Pierre Jean-Marie Bernard (Sterrebeek, BE), Hu; Lili (Mechelen, BE), Tahri; Abdellah (Anderlecht, BE), Surleraux; Dominique Louis Nestor Ghislain (Braine-le-chateau, BE), Nilsson; Karl Magnus (Goteborg, SE), Samuelsson; Bengt Bertil (Skarholmen, SE), Rosenquist; .ANG.sa Annica Kristina (Huddinge, SE), Ivanov; Vladimir (Moscow, RU), Pelcman; Mikael (Alvsjo, SE), Belfrage; Anna Karin Gertrud Linnea (Uppsala, SE), Johansson; Per-Ola Mikael (Huddinge, SE), Vendeville; Sandrine Marie Helene (Etterbeek, BE)
Assignee:	Janssen R&D Ireland (Little Island, County Cork, IE) Medivir AB (Huddinge, SE)
Application Number:	13/687,037
Patent Claim Types: see list of patent claims	Compound; Use; Composition;

Analyzing the Scope and Claims of a Patent: A Case Study of United States Patent 8,741,926

Introduction

When evaluating a patent, understanding its scope and claims is crucial for determining its validity, enforceability, and potential impact on the market. This article will delve into the details of analyzing the scope and claims of a patent, using United States Patent 8,741,926 as a case study.

Understanding Patent Scope

Patent scope refers to the breadth and depth of protection granted by a patent. It is a critical aspect of patent quality and can significantly influence innovation and litigation costs[3].

Metrics for Measuring Patent Scope

Two common metrics for measuring patent scope are independent claim length and independent claim count. These metrics can provide insights into the breadth and clarity of the patent claims. For instance, narrower claims at publication are often associated with a higher probability of grant and a shorter examination process[3].

Patent Claims

Patent claims are the legal definitions of the invention and define the scope of the patent. They are divided into independent and dependent claims.

Independent Claims

Independent claims stand alone and define the invention without reference to other claims. They are typically broader and more comprehensive.

Dependent Claims

Dependent claims refer back to and further limit the independent claims. They are narrower and often provide additional details or variations of the invention.

Case Study: United States Patent 8,741,926

To illustrate the analysis, let's consider United States Patent 8,741,926, though the specific details of this patent are not provided here. Here is how one would approach the analysis:

Identifying the Invention

The first step is to identify the invention described in the patent. This involves reading the abstract, summary, and detailed description sections to understand what the invention is, how it works, and its intended use.

Analyzing the Claims

• Independent Claims: Review the independent claims to understand the broadest scope of the invention. These claims will define the core elements of the invention.
• Dependent Claims: Examine the dependent claims to see how they narrow down the invention by adding specific details or limitations.

Claim Language and Scope

• Claim Length and Count: Measure the length and count of independent claims to gauge the patent's scope. Longer and more numerous independent claims may indicate a broader patent scope, while shorter and fewer claims suggest a narrower scope[3].

Prior Art and Novelty

Check the prior art cited in the patent to understand how the invention differs from existing technologies. The novelty of the invention is a key factor in determining its patentability.

Tools for Patent Search and Analysis

USPTO Resources

The United States Patent and Trademark Office (USPTO) provides several tools for searching and analyzing patents:

• Patent Public Search: A modern interface for searching prior art and accessing patent documentation[1].
• Global Dossier: Allows access to file histories of related applications from participating IP Offices, including citation data and office actions[1].
• Patent and Trademark Resource Centers (PTRCs): Local resources that offer training in patent search techniques[1].

International Resources

For a comprehensive analysis, it is also important to search international patent databases:

• European Patent Office (EPO): Provides access to European patent databases and machine translations[1].
• World Intellectual Property Organization (WIPO): Offers the PATENTSCOPE® Search Service for international patent applications[1].

Legal and Policy Considerations

Patent Examination Process

The patent examination process can significantly narrow the scope of patent claims. Longer examination durations often result in narrower claims, which can affect the patent's enforceability and market impact[3].

Small Claims Patent Court

The concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could impact how patent disputes are resolved, potentially affecting the scope and enforcement of patents[2].

Economic and Technological Trends

Global Patent Trends

Understanding global trends in patenting can provide context for the significance of a patent. For example, the rise in electrical engineering patents, particularly in information and communication technologies (ICT), reflects broader technological shifts[4].

Patent Ownership and Technology Areas

Analyzing who owns the patents (e.g., businesses, individuals, academic sector) and the technological areas they cover can help in understanding the patent landscape. In 2018, businesses received the majority of patents in the U.S., with electrical and mechanical engineering patents being the most prevalent[4].

Key Takeaways

• Patent Scope Metrics: Independent claim length and count are useful metrics for measuring patent scope.
• Claim Analysis: Understanding the difference between independent and dependent claims is crucial for determining the patent's scope.
• Tools and Resources: Utilize USPTO and international resources for comprehensive patent searches.
• Legal Considerations: The patent examination process and potential legal reforms, such as a small claims patent court, can impact the scope and enforcement of patents.
• Economic and Technological Trends: Global patent trends and technological areas can provide context for the significance of a patent.

FAQs

1. What are the key metrics for measuring patent scope?

   • Independent claim length and independent claim count are two common metrics used to measure patent scope[3].

2. How do independent and dependent claims differ?

   • Independent claims stand alone and define the invention broadly, while dependent claims refer back to and further limit the independent claims[3].

3. What resources are available for searching and analyzing patents?

   • The USPTO offers tools like Patent Public Search and Global Dossier, while international resources include databases from the EPO and WIPO[1].

4. How does the patent examination process affect patent scope?

   • The examination process tends to narrow the scope of patent claims, especially over longer durations[3].

5. What is the significance of global patent trends in analyzing a patent?

   • Global trends provide context for the technological and economic significance of a patent, helping to understand its potential impact and market relevance[4].

Sources

1. USPTO - Search for patents

   • https://www.uspto.gov/patents/search

2. ACUS - U.S. Patent Small Claims Court

   • https://www.acus.gov/research-projects/us-patent-small-claims-court

3. SSRN - Patent Claims and Patent Scope

   • https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964

4. NCSES - Invention: U.S. and Comparative Global Trends

   • https://ncses.nsf.gov/pubs/nsb20204/invention-u-s-and-comparative-global-trends

Drugs Protected by US Patent 8,741,926

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Janssen Prods	OLYSIO	simeprevir sodium	CAPSULE;ORAL	205123-001	Nov 22, 2013		DISCN	Yes	No	8,741,926			Y		METHOD OF TREATING HEPATITIS C

Foreign Priority and PCT Information for Patent: 8,741,926

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
	05107074	Jul 29, 2005
	05107417	Aug 11, 2005
	06101280	Feb 3, 2006

International Family Members for US Patent 8,741,926

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	1912999		CA 2014 00053	Denmark
European Patent Office	1912999		C300697	Netherlands
European Patent Office	1912999		PA2014036	Lithuania
European Patent Office	1912999		1490062-5	Sweden
European Patent Office	1912999		14C0076	France
European Patent Office	1912999		C20140034 00151	Estonia
European Patent Office	1912999		204 5025-2014	Slovakia