United States Patent 9,403,799: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 9,403,799, titled "Pyrimidinyl-pyridazinone derivatives for treating a disease which is influenced by inhibition of met kinase," is a significant patent in the pharmaceutical sector. This patent, assigned to various entities over its lifecycle, protects a class of compounds used in the treatment of various diseases. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication and Grant Details
The patent was granted on August 2, 2016, with the publication number US9403799B2. It originated from the patent application US14/602,921, filed on January 22, 2015[2].
Inventors and Assignees
The patent lists several inventors and has been assigned to different entities over time. Understanding the assignees is crucial for navigating the patent's ownership and licensing landscape.
Scope of the Patent
Technical Description
The patent describes a series of pyrimidinyl-pyridazinone derivatives that are effective in treating diseases influenced by the inhibition of the MET kinase. MET kinase is a receptor tyrosine kinase involved in various cellular processes, including cell proliferation, migration, and survival. Inhibition of MET kinase is a therapeutic strategy for treating several types of cancer, including breast carcinoma, lung adenocarcinoma, small cell lung carcinoma, pancreatic neoplasm, glioblastoma, and others[2].
Claims
The patent includes multiple claims that define the scope of the invention. These claims cover the chemical structures of the pyrimidinyl-pyridazinone derivatives, methods of preparing these compounds, and their use in treating specific diseases. The claims are detailed and specify the particular chemical moieties and their arrangements, ensuring a clear definition of what is protected under the patent[2].
Claims Analysis
Independent and Dependent Claims
The patent contains both independent and dependent claims. Independent claims stand alone and define the invention broadly, while dependent claims further limit the scope of the independent claims by adding additional features. For example, Claim 1 might describe a broad class of pyrimidinyl-pyridazinone derivatives, while dependent claims might specify particular substituents or functional groups that are part of this class[2].
Claim Scope and Breadth
The scope of the claims is critical in determining the patent's enforceability and the potential for infringement. The claims in this patent are designed to be broad enough to cover a range of compounds but specific enough to distinguish the invention from prior art. This balance is essential for ensuring that the patent provides meaningful protection without overly restricting innovation in the field.
Patent Landscape
Patent Family
The patent US9403799B2 is part of a larger patent family with seventy-six family members in thirty-five countries. This extensive global coverage underscores the importance of this invention and the efforts to protect it internationally[5].
Related Patents and Prior Art
To understand the full context of this patent, it is necessary to consider related patents and prior art. Tools like the USPTO's Patent Public Search and the Common Citation Document (CCD) can help identify prior art cited by various patent offices, ensuring that the invention is novel and non-obvious over existing technologies[1].
International Protection
The global protection of this patent is significant, with family members in major pharmaceutical markets. This widespread protection is crucial for maintaining exclusivity and preventing unauthorized use of the protected compounds in different jurisdictions[5].
Economic and Market Impact
Market Exclusivity
The patent provides market exclusivity for the protected compounds, which is essential for the commercial success of drugs like TEPMETKO. This exclusivity allows the patent holder to recoup investment in research and development without immediate competition from generic versions[5].
Licensing and Collaboration
Given the broad scope and international coverage of this patent, licensing and collaboration agreements are likely to be significant. These agreements can facilitate the development and distribution of the protected compounds, ensuring that the benefits of the invention are widely available while maintaining the patent holder's rights.
Legal Considerations
Patent Term and Extensions
The patent term for US9403799B2, like other U.S. patents, is generally 20 years from the earliest filing date. However, patent term adjustments (PTAs) and extensions can affect the actual term. Legal cases, such as those involving the interaction between patent term adjustments and terminal disclaimers, highlight the complexities in determining the exact patent term[4].
Ex Parte Reexamination
The patent could be subject to ex parte reexamination, a process where the USPTO reevaluates the patentability of the claims based on new prior art or other grounds. This process can impact the validity and scope of the patent, as seen in cases like In re Cellect[4].
Practical Applications
Drug Development
The compounds protected by this patent are used in the treatment of various cancers and other diseases. The practical application of these compounds involves their synthesis, formulation, and clinical testing. The patent ensures that the investment in these processes is protected, encouraging further innovation in drug development.
Clinical Impact
The clinical impact of this patent is substantial, as it protects compounds that have shown promise in treating serious diseases. For patients, this means access to potentially life-saving treatments that might not have been developed without the protection afforded by the patent.
Key Takeaways
- Patent Scope: The patent covers a specific class of pyrimidinyl-pyridazinone derivatives and their use in treating diseases influenced by MET kinase inhibition.
- Claims Analysis: The patent includes both independent and dependent claims that define the invention and distinguish it from prior art.
- Patent Family: The patent has extensive global coverage with seventy-six family members in thirty-five countries.
- Economic Impact: The patent provides market exclusivity, which is crucial for the commercial success of protected drugs.
- Legal Considerations: The patent term and potential for ex parte reexamination are important legal considerations.
FAQs
Q: What is the primary use of the compounds protected by US9403799B2?
A: The compounds are primarily used for treating diseases influenced by the inhibition of MET kinase, including various types of cancer.
Q: How many family members does this patent have globally?
A: The patent has seventy-six family members in thirty-five countries.
Q: What is the significance of the Common Citation Document (CCD) in patent searching?
A: The CCD consolidates prior art cited by participating patent offices, enabling a single-point access to up-to-date citation data for a patent application family[1].
Q: Can the patent term of US9403799B2 be extended?
A: The patent term can be affected by patent term adjustments (PTAs) and extensions, but these are subject to specific legal and regulatory conditions[4].
Q: What is the role of ex parte reexamination in the context of this patent?
A: Ex parte reexamination is a process where the USPTO reevaluates the patentability of the claims based on new prior art or other grounds, which can impact the validity and scope of the patent[4].
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Google Patents - US9403799B2: https://patents.google.com/patent/US9403799B2/en
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- United States Court of Appeals for the Federal Circuit - In re Cellect: https://cafc.uscourts.gov/opinions-orders/22-1293.OPINION.8-28-2023_2181381.pdf
- DrugPatentWatch - Patent 9,403,799: https://www.drugpatentwatch.com/p/patent/9403799
