Understanding the Scope and Claims of United States Patent 9,670,147: A Detailed Analysis
Introduction
United States Patent 9,670,147, titled "Antioxidant inflammation modulators: oleanolic acid derivatives," is a significant patent in the field of pharmaceuticals and biomedical research. This patent, issued to inventors Eric Anderson and Xin Jiang, pertains to novel compounds derived from oleanolic acid, which have potential therapeutic applications in modulating inflammation and oxidative stress.
Background of the Patent
The patent 9,670,147 is a continuation of U.S. patent application Ser. No. 13/861,208, filed on April 11, 2013, which itself is a continuation of U.S. Pat. No. 9,102,681. This indicates a series of iterative improvements and expansions on the original research and claims[2].
Scope of the Patent
The scope of the patent encompasses a range of oleanolic acid derivatives modified at the c-17 position with amino and other groups. These compounds are designed to exhibit enhanced antioxidant and anti-inflammatory properties. Here are some key aspects of the patent's scope:
Chemical Structure
The patent describes specific chemical modifications to oleanolic acid, focusing on substitutions at the c-17 position. These modifications include the introduction of amino groups and other functional groups that enhance the biological activity of the compounds[5].
Therapeutic Applications
The patent highlights the potential therapeutic uses of these oleanolic acid derivatives, including their role in treating conditions associated with inflammation and oxidative stress. This could include a variety of diseases such as arthritis, neurodegenerative disorders, and other inflammatory conditions.
Synthesis Methods
The patent also details the methods for synthesizing these compounds, which is crucial for their practical application in pharmaceutical development. The synthesis methods described ensure that the compounds can be produced efficiently and consistently.
Claims of the Patent
The claims of the patent are the legal definitions of what the inventors consider to be their invention. Here are some key claims:
Independent Claims
The independent claims define the broadest scope of the invention. For example, Claim 1 might describe the general structure of the oleanolic acid derivatives, including the specific modifications at the c-17 position.
Dependent Claims
Dependent claims narrow down the scope by adding additional features or limitations to the independent claims. These could include specific types of amino groups, other functional groups, or particular methods of synthesis.
Method Claims
Method claims cover the processes for synthesizing and using the compounds. These claims are important for protecting the inventors' methods of making and applying the oleanolic acid derivatives.
Patent Landscape
Understanding the patent landscape is crucial for assessing the value and impact of the patent.
Prior Art
The patent landscape includes an analysis of prior art, which are existing patents and publications related to oleanolic acid derivatives. The USPTO's Patent Public Search tool and other resources like the Global Dossier can be used to identify relevant prior art and ensure that the claims of the patent are novel and non-obvious[4].
Related Patents
There are likely other patents related to oleanolic acid derivatives, and analyzing these can provide insights into the competitive landscape. For instance, other patents might cover different modifications or applications of oleanolic acid, which could impact the commercial viability of the patented compounds.
International Protection
The patent may also have international counterparts, which would be part of the same patent family. Tools like the Global Dossier can help in identifying these related applications and their status in different jurisdictions[4].
Economic and Market Impact
The economic and market impact of the patent can be significant, especially if the compounds prove to be effective in clinical trials and gain regulatory approval.
Valuation Methods
The value of the patent can be estimated using various methods such as the cost approach, income approach, and market approach. For example, the income approach would consider the future revenue streams generated by the patented compounds, while the market approach would look at what similar patents have sold for in the past[1].
Market Data
Historical sales data of similar patents can provide a benchmark. For instance, high-profile patent sales like those involving Novell, Nortel, and Motorola Mobility have set precedents for the value of patent portfolios. The mean price per document over large deals can be a useful metric, though it must be adjusted for the specific context of the oleanolic acid derivatives patent[1].
Legal and Regulatory Considerations
The patent's validity and enforceability depend on several legal and regulatory factors.
Patent Office Actions
The USPTO's Patent Examination Data System (PEDS) and other tools can provide insights into the patent office actions related to the patent, including any objections or rejections that were overcome during the prosecution process[4].
Litigation Risks
There is always a risk of litigation when dealing with patents, especially in a competitive field like pharmaceuticals. The patent holder must be prepared to defend the patent against potential challengers.
Conclusion
United States Patent 9,670,147 represents a significant advancement in the field of antioxidant inflammation modulators. Understanding its scope, claims, and the broader patent landscape is essential for both the inventors and potential licensees or competitors.
Key Takeaways
- Scope and Claims: The patent covers specific oleanolic acid derivatives with therapeutic applications.
- Synthesis Methods: Detailed methods for synthesizing these compounds are provided.
- Patent Landscape: The patent is part of a larger landscape that includes prior art and related patents.
- Economic Impact: The patent's value can be estimated using various methods, and its market impact could be substantial.
- Legal Considerations: The patent's validity and enforceability depend on legal and regulatory factors.
FAQs
Q1: What is the main subject of United States Patent 9,670,147?
The main subject is oleanolic acid derivatives modified at the c-17 position for antioxidant and anti-inflammatory applications.
Q2: How can the value of this patent be estimated?
The value can be estimated using the cost, income, and market approaches, considering factors like future revenue streams and historical sales data of similar patents.
Q3: What tools can be used to analyze the patent landscape?
Tools like the USPTO's Patent Public Search, Global Dossier, and Patent Examination Data System (PEDS) can be used to analyze the patent landscape.
Q4: What are the potential therapeutic applications of the patented compounds?
The compounds have potential therapeutic applications in treating conditions associated with inflammation and oxidative stress, such as arthritis and neurodegenerative disorders.
Q5: How can the inventors protect their patent from litigation risks?
The inventors must be prepared to defend the patent against potential challengers by maintaining thorough documentation of the invention process, responding to patent office actions, and being vigilant about potential infringement.
Sources
- Perpetual Motion Patents - The Value of a Patent
- Gale - Patent Issued for Antioxidant inflammation modulators: oleanolic acid derivatives
- USPTO - Patent Claims Research Dataset
- USPTO - Search for Patents
- PubChem - Antioxidant inflammation modulators: oleanolic acid derivatives with amino and other modifications at c-17
