3. SECTION TITLE
Drug Discovery & Patents
Early-stage idea validation
• Are my structures new compared to the prior art?
Patent drafting
• Does my claim cover my structure series?
• Does my claim cover any structures from the prior art?
• Does the application that I already filed cover my new
structure series or do I need to file a new one?
4. Importance of Markush Structures
Between 1994 and 2013
3,704,996 US patents
468,262 with Markush claims
Every eighth patent contains
Markush claims
Markush claims often cover
>1010 structures
Joseph J. Mallon, 2014
5. What Are the Limits of the Person Skilled in the Art?
USPTO Supplementary Examination Guidelines about Indefiniteness
A Markush claim may encompass a large number of alternative
species, but is not necessarily indefinite under 35 U.S.C. 112(b) for
such breadth. In certain circumstances, however, Markush group may
be so expansive that persons skilled in the art cannot determine the
metes and bounds of the claimed invention…
9. Search Improvements
x100 speed-up New Markush search engine
• In Full structure search
• Memory requirements reduced by 90%
• No impossible structures anymore
• Open the way for new representation features
19. Naming Technology
• IUPAC, Common names, traditional names, brand names
• Built-in OCR error correction and flexible recognition
• Compounds and R-group fragments
• English (2008)
• Chinese (2013)
• Japanese (2014)
22. • Structural representation of Markush claims
• High-quality Markush structures extracted from project-
related patents or patent drafts
• Analysis of the claimed chemical space
Patent Curation
35. Conclusion
New solutions exist to Move on the next
stage with your inhouse IP process
• Write better-quality patents
• Understand your competitors’ patents
• Integrate IP knowledge into your early-
stage discovery process