Details for Patent: 10,022,509

Which drugs does patent 10,022,509 protect, and when does it expire?

Patent 10,022,509 protects PROAIR HFA, QVAR 40, QVAR 80, and QVAR REDIHALER, and is included in three NDAs.

This patent has one hundred and ninety-two patent family members in twenty-four countries.

Summary for Patent: 10,022,509

Title:	Dose counter for inhaler having a bore and shaft arrangement
Abstract:	A dose counter for an inhaler, the dose counter having a display tape arranged to be incrementally driven from a tape stock bobbin onto an incremental tape take-up drive shaft, the bobbin having an internal bore supported by and for rotation about a support shaft, at least one of the bore and support shaft having a protrusion which is resiliently biased into frictional engagement with the other of the bore and support shaft with longitudinally extending mutual frictional interaction.
Inventor(s):	Walsh; Declan (County Kilkenny, IE), Fenlon; Derek (County Wexford, IE), Kaar; Simon (County Cork, IE), Hazenberg; Jan Geert (County Kilkenny, IE), Buck; Daniel (County Waterford, IE), Clancy; Paul (Waterford, IE), Uschold; Robert Charles (Leominster, MA), Karg; Jeffrey A. (Hopkinton, MA)
Assignee:	Ivax Pharmaceuticals Ireland (Waterford, IE) Norton (Waterford) Limited (Waterford, IE) Teva Pharmaceuticals Ireland (Waterford, IE)
Application Number:	15/269,102
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 10,022,509
Patent Claim Types: see list of patent claims	Delivery;

Understanding the Scope and Claims of a Patent: A Detailed Analysis of United States Patent 10,022,509

Introduction

When analyzing a patent, it is crucial to understand its scope, claims, and the broader patent landscape in which it operates. This article will delve into the specifics of United States Patent 10,022,509, exploring its claims, the context of patent scope, and the implications within the U.S. patent system.

What is a Patent?

A patent is a form of intellectual property that grants the patent holder the exclusive right to make, use, and sell an invention for a specified period, typically 20 years from the filing date of the patent application[1].

Patent Scope and Claims

Definition of Patent Scope

Patent scope refers to the breadth and depth of protection afforded by a patent. It is determined by the language of the claims, which are the legally binding descriptions of the invention. The scope of a patent is critical because it defines what is protected and what constitutes infringement[3].

Metrics for Measuring Patent Scope

Researchers use various metrics to measure patent scope, including independent claim length and independent claim count. These metrics can indicate the breadth and complexity of the patent. For instance, narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].

United States Patent 10,022,509: An Overview

Patent Details

To analyze the scope and claims of United States Patent 10,022,509, one must first identify the patent's details, such as its title, inventors, filing date, and grant date. This information is available through the United States Patent and Trademark Office (USPTO) database.

Claims Analysis

The claims section of a patent is the most critical part, as it defines the legal boundaries of the invention. Here are some key points to consider:

Independent Claims

Independent claims stand alone and do not depend on other claims. They are typically broader and more significant than dependent claims. For example, in the case of the '289 Patent discussed in another context, Claim 1 is an independent claim that sets the foundation for the invention[4].

Dependent Claims

Dependent claims build upon independent claims and add additional limitations. These claims are narrower and provide more specific details about the invention. For instance, Claim 28 of the '808 Patent depends on Claim 27, which in turn depends on Claim 1, adding specific resistance force requirements[4].

Claim Language

The language used in the claims is precise and technical. It must be clear and concise to avoid ambiguity. The USPTO uses algorithms to parse claims text and identify individual claims as well as their dependency relationships[5].

Analyzing the Claims of Patent 10,022,509

Independent Claims

• Claim 1: This claim should be examined to understand the core invention. It sets the foundation for all other claims.
• Claim Structure: Analyze how the independent claims are structured and how they relate to each other.

Dependent Claims

• Dependent Claim Analysis: Examine how the dependent claims narrow down the invention by adding specific limitations.
• Claim Interdependencies: Understand how each dependent claim builds upon the independent claims.

Claim Language and Scope

• Claim Length and Count: Use metrics such as independent claim length and count to gauge the breadth and complexity of the patent[3].
• Claim Clarity: Assess the clarity and specificity of the claim language to determine the patent's scope.

Patent Landscape and Implications

Patent Thickets

The concept of "patent thickets" is relevant when discussing the broader patent landscape. Patent thickets refer to the practice of asserting multiple patents to hinder competition, particularly in fields like biologics and generics. Recent legislation, such as the Affordable Prescriptions for Patients Act of 2023, aims to limit the number of patents that can be asserted in biosimilar litigation to prevent such practices[1].

Litigation and Infringement

Understanding the claims of a patent is crucial for determining infringement. In cases like Teva Branded Pharm. Prods. R&D v. Cipla Ltd, the court's findings on infringement and validity are based on the claims and the evidence presented[4].

Economic and Innovation Impact

The scope and claims of a patent can significantly impact innovation and economic outcomes. Broader patents can lead to increased licensing and litigation costs, potentially diminishing incentives for innovation. Conversely, narrower, well-defined patents can facilitate clearer boundaries and reduce legal disputes[3].

Key Takeaways

• Patent Scope: Defined by the claims, it is crucial for understanding what is protected and what constitutes infringement.
• Claim Analysis: Independent and dependent claims must be carefully examined to understand the invention's boundaries.
• Patent Landscape: The broader context, including legislation and litigation trends, affects how patents are asserted and enforced.
• Economic Impact: The scope and clarity of patent claims can influence innovation and economic outcomes.

FAQs

What is the significance of independent claims in a patent?

Independent claims are crucial as they stand alone and define the core invention, setting the foundation for all other claims.

How do dependent claims differ from independent claims?

Dependent claims build upon independent claims by adding additional limitations, making them narrower and more specific.

What are patent thickets, and how do they impact competition?

Patent thickets refer to the practice of asserting multiple patents to hinder competition. Recent legislation aims to limit this practice to increase competition and lower drug prices.

How do metrics like independent claim length and count measure patent scope?

These metrics indicate the breadth and complexity of the patent. Narrower claims at publication are associated with a higher probability of grant and a shorter examination process.

Why is the clarity of claim language important?

Clear and concise claim language avoids ambiguity and helps in determining the patent's scope and what constitutes infringement.

Sources

1. Analyses of Section 271 - Infringement of patent, 35 U.S.C. § 271 - Casetext
2. Patent Claims Research Dataset - USPTO
3. Patent Claims and Patent Scope - SSRN
4. Teva Branded Pharm. Prods. R&D v. Cipla Ltd - Casetext
5. Patent and patent application Claims data - USPTO

Drugs Protected by US Patent 10,022,509

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Teva Branded Pharm	PROAIR HFA	albuterol sulfate	AEROSOL, METERED;INHALATION	021457-001	Oct 29, 2004	AB2	RX	Yes	Yes			Y
Teva Branded Pharm	QVAR 40	beclomethasone dipropionate	AEROSOL, METERED;INHALATION	020911-002	Sep 15, 2000		DISCN	Yes	No			Y
Teva Branded Pharm	QVAR 80	beclomethasone dipropionate	AEROSOL, METERED;INHALATION	020911-001	Sep 15, 2000		DISCN	Yes	No			Y
Norton Waterford	QVAR REDIHALER	beclomethasone dipropionate	AEROSOL, METERED;INHALATION	207921-001	Aug 3, 2017		RX	Yes	No			Y
Norton Waterford	QVAR REDIHALER	beclomethasone dipropionate	AEROSOL, METERED;INHALATION	207921-002	Aug 3, 2017		RX	Yes	No			Y

International Family Members for US Patent 10,022,509

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2011254958
Brazil	112012029106
Canada	2799625
Canada	2887315
Canada	2936362
Canada	3019694
Canada	3111537