United States Patent 9,682,092: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 9,682,092, titled "Boron-Containing Small Molecules as Anti-Inflammatory Agents," is a significant patent in the field of pharmaceuticals, particularly in the treatment of inflammatory conditions. This patent, issued to Anacor Pharmaceuticals, Inc., is part of a broader portfolio of patents related to boron-containing compounds. Here, we will delve into the scope, claims, and the patent landscape surrounding this invention.
Background and Context
The patent was issued on June 20, 2017, and is a continuation of several earlier applications, highlighting the extensive research and development in this area[2][4].
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific protections afforded to the inventors. The patent covers methods of treating anti-inflammatory conditions using boron-containing small molecules. These molecules are designed to inhibit phosphodiesterase 4 (PDE4), an enzyme involved in the inflammatory response[4].
Claims Analysis
The patent includes multiple claims, each detailing a specific aspect of the invention.
- Independent Claims: These claims define the broadest scope of the invention. For example, Claim 1 describes a method of treating an inflammatory disease or condition by administering a boron-containing small molecule that inhibits PDE4[4].
- Dependent Claims: These claims are narrower and depend on the independent claims. They provide additional specificity, such as the type of boron-containing small molecule, the dosage, and the specific inflammatory conditions treated[4].
Patent Landscape
The patent landscape for boron-containing small molecules as anti-inflammatory agents is complex and involves several key players.
Related Patents
The patent is part of a series of related patents, including U.S. Patent No. 8,039,451, U.S. Patent No. 8,168,614, and U.S. Patent No. 8,501,712. These patents collectively cover various aspects of boron-containing compounds and their use in treating inflammatory conditions[2].
Litigation and Enforcement
The patent has been involved in litigation, particularly with regards to generic versions of the drug EUCRISA® (crisaborole), which is based on the boron-containing small molecules described in the patent. Anacor Pharmaceuticals, Inc., and its exclusive licensee, PF PRISM IMB B.V., have taken legal action against Dr. Reddy’s Laboratories, Inc., for patent infringement related to the submission of an Abbreviated New Drug Application (ANDA) for a generic version of EUCRISA®[2].
Measuring Patent Scope
The scope of a patent can be measured in several ways, but traditional methods have been found to be less accurate.
- Claim Length: Research suggests that the length of the first claim is a strong indicator of patent scope. Longer claims typically imply more conditions that must be met for a patent to be violated, making the patent narrower[3].
- Number of Claims: While the number of claims can provide some insight, it is a weaker measure. Most claims in a patent are dependent claims, which serve as fallback positions and are narrower than the independent claims[3].
- Number of Patent Classes and Citations: These measures have been found to be less predictive of patent scope. The number of patent classes is often negatively correlated with scope, and the number of citations is only weakly related to scope[3].
Economic and Practical Implications
The breadth of the patent scope has significant economic and practical implications.
- Protection Against Infringers: Broad patents offer more protection against infringers because they are harder to design around. This is particularly important in the pharmaceutical industry, where small variations in a molecule can result in a different product[3].
- Market Dominance: A patent with a broad scope can give the patent holder significant market dominance, allowing them to exclude competitors from producing similar products.
Examples and Applications
The boron-containing small molecules covered by this patent have been applied in various therapeutic areas.
- EUCRISA®: The most notable application is EUCRISA® (crisaborole), a topical treatment for mild to moderate atopic dermatitis. This drug has been approved by the FDA and is a prime example of the practical application of the patented technology[2].
- Other Inflammatory Conditions: The patent also covers the treatment of other inflammatory conditions, such as psoriasis and neurodegenerative diseases, highlighting the versatility of these boron-containing compounds[4].
Expert Insights
Patent attorneys and industry experts emphasize the importance of broad patents in protecting innovative technologies.
"Broad patents typically offer more protection against infringers than a narrow patent because they are oftentimes very hard to design around." - Thomas Kulaga, Patent Attorney[3].
Key Takeaways
- Scope and Claims: The patent covers methods of treating inflammatory conditions using boron-containing small molecules, with specific claims defining the scope of protection.
- Patent Landscape: The patent is part of a complex landscape involving related patents and litigation over generic versions.
- Measuring Scope: Claim length is a more accurate measure of patent scope than traditional methods.
- Economic Implications: Broad patents provide significant protection and market dominance.
- Applications: The patented technology is applied in treatments like EUCRISA® and other inflammatory conditions.
FAQs
Q: What is the main subject of United States Patent 9,682,092?
A: The main subject is the use of boron-containing small molecules as anti-inflammatory agents.
Q: Who is the assignee of this patent?
A: The assignee is Anacor Pharmaceuticals, Inc.
Q: What is the significance of claim length in measuring patent scope?
A: Claim length is a strong indicator of patent scope, with longer claims typically implying a narrower patent.
Q: What is EUCRISA®, and how is it related to this patent?
A: EUCRISA® (crisaborole) is a topical treatment for mild to moderate atopic dermatitis, and it is based on the boron-containing small molecules described in the patent.
Q: Why is this patent involved in litigation?
A: The patent is involved in litigation due to generic drug manufacturers submitting ANDAs for a generic version of EUCRISA®, which Anacor and its licensee argue infringes on their patent rights.
Sources
- United States Patent and Trademark Office. US9682092B2 - Boron-containing small molecules as anti-inflammatory agents.
- Case 3:21-cv-17831-FLW Document 1 Filed 09/30/21. Anacor Pharmaceuticals, Inc. et al v. Dr. Reddy’s Laboratories, Inc.
- Boston University Law Review. The Ways We've Been Measuring Patent Scope Are Wrong: How to Measure and Draw Causal Inferences with Patent Scope.
- Google Patents. US9682092B2 - Boron-containing small molecules as anti-inflammatory agents.
