United States Patent 8,906,887: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 8,906,887, hereafter referred to as the '887 patent, is a significant intellectual property asset in the pharmaceutical sector. This patent pertains to a specific class of tetracycline compounds, particularly those with C7-fluoro substitutions, and their pharmaceutical applications.
Background of the Patent
The '887 patent was granted for a compound represented by a specific structural formula, along with its pharmaceutically acceptable salts. This invention is part of a broader category of tetracycline antibiotics, which are well-known for their antibacterial properties[1].
Scope of the Patent
Chemical Structure and Composition
The patent describes a compound with a C7-fluoro substitution on the tetracycline backbone. This modification is crucial as it enhances the compound's stability, efficacy, and pharmacokinetic properties. The structural formula and chemical compounds listed in the patent highlight the precise molecular configuration that is protected under this intellectual property[1].
Pharmaceutical Applications
The '887 patent claims the human drug product known by the tradename XERAVA®, which is used for treating various bacterial infections. This includes complicated intra-abdominal infections and complicated urinary tract infections, among others. The patent outlines the therapeutic uses and the dosing regimens for these applications[2].
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically cover the specific chemical structure of the C7-fluoro substituted tetracycline compounds, their pharmaceutically acceptable salts, and the methods of preparing these compounds[1].
Dependent Claims
Dependent claims further narrow down the scope by specifying particular aspects of the invention, such as specific synthesis methods, formulations, and dosages. These claims build upon the independent claims and provide additional details on how the invention can be practiced[1].
Patent Landscape
Prior Art and Related Patents
The '887 patent is part of a larger landscape of tetracycline-related patents. Prior art in this field includes various other tetracycline compounds with different substitutions and modifications. The patent landscape analysis would involve identifying these related patents and understanding how the '887 patent differentiates itself through its unique C7-fluoro substitution[4].
International Patent Filings
The patent family for the '887 patent includes filings in multiple jurisdictions. Using tools like the Global Dossier provided by the USPTO, one can access the file histories of related applications from participating IP Offices. This helps in understanding the global protection and the status of the patent in different countries[4].
Citation Data and Office Actions
The Common Citation Document (CCD) application can be used to consolidate prior art cited by all participating offices for the family members of this patent application. This provides a comprehensive view of the prior art landscape and any office actions that may have been taken during the patent prosecution process[4].
Economic and Strategic Implications
Market Impact
The '887 patent, by protecting XERAVA®, gives its holder a significant market advantage in the treatment of bacterial infections. This exclusivity can lead to higher market share and revenue, as competitors would need to develop alternative treatments that do not infringe on this patent[2].
Licensing and Collaboration
The patent can also be a valuable asset for licensing and collaboration agreements. Pharmaceutical companies may seek to license this technology to expand their product portfolios or to gain access to new markets[4].
Legal Status and Expiration
The legal status of the '887 patent indicates that it is active but will expire on a specified date. Understanding the expiration date is crucial for planning future strategies, whether it be for the patent holder or potential competitors looking to enter the market once the patent expires[1].
Search and Analysis Tools
USPTO Resources
The USPTO provides several tools for searching and analyzing patents, including the Patent Public Search tool, Global Dossier, and the Patent Examination Data System (PEDS). These resources are essential for conducting thorough patent searches and analyzing the scope and claims of the '887 patent[4].
International Databases
For a global perspective, databases from other international intellectual property offices such as the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) can be used to search for related patents and understand the international patent landscape[4].
Key Takeaways
- Chemical Structure: The '887 patent protects C7-fluoro substituted tetracycline compounds and their pharmaceutically acceptable salts.
- Pharmaceutical Applications: The patent covers the use of these compounds in treating bacterial infections, specifically under the tradename XERAVA®.
- Claims: The patent includes independent and dependent claims that define the scope of the invention.
- Patent Landscape: The patent is part of a broader landscape of tetracycline-related patents and has international filings.
- Economic Implications: The patent provides market exclusivity and can be a valuable asset for licensing and collaboration.
FAQs
What is the main subject of the '887 patent?
The '887 patent pertains to C7-fluoro substituted tetracycline compounds and their pharmaceutical applications, specifically the drug product known as XERAVA®.
What are the therapeutic uses of the compounds protected by the '887 patent?
The compounds are used for treating complicated intra-abdominal infections and complicated urinary tract infections, among other bacterial infections.
How can one search for related patents and analyze the patent landscape?
Tools such as the USPTO's Patent Public Search, Global Dossier, and international databases like the EPO and WIPO can be used to search for related patents and analyze the patent landscape.
What is the significance of the C7-fluoro substitution in tetracycline compounds?
The C7-fluoro substitution enhances the stability, efficacy, and pharmacokinetic properties of the tetracycline compounds.
When does the '887 patent expire?
The expiration date of the '887 patent can be found in the patent document or through the USPTO's patent search tools, but it is generally based on the filing date and the term of the patent.
Sources
- US8906887B2 - C7-fluoro substituted tetracycline compounds - Google Patents
- Food and Drug Administration CDER, Office of ... - Regulations.gov
- Patent Claims Research Dataset - USPTO
- Search for patents - USPTO