Details for Patent: 10,172,851

Which drugs does patent 10,172,851 protect, and when does it expire?

Patent 10,172,851 protects RETEVMO and is included in two NDAs.

This patent has ninety-eight patent family members in forty countries.

Summary for Patent: 10,172,851

Title:	Substituted pyrazolo[1,5-A]pyridine compounds as RET kinase inhibitors
Abstract:	Provided herein are compounds of the Formula I: ##STR00001## and stereoisomers and pharmaceutically acceptable salts or solvates thereof, in which A, B, X.sup.1, X.sup.2, X.sup.3, X.sup.4, Ring D, and E have the meanings given in the specification, which are inhibitors of RET kinase and are useful in the treatment and prevention of diseases which can be treated with a RET kinase inhibitor, including RET-associated diseases and disorders.
Inventor(s):	Andrews; Steven W. (Boulder, CO), Aronow; Sean (Boulder, CO), Blake; James F. (Boulder, CO), Brandhuber; Barbara J. (Boulder, CO), Cook; Adam (Boulder, CO), Haas; Julia (Boulder, CO), Jiang; Yutong (Boulder, CO), Kolakowski; Gabrielle R. (Boulder, CO), McFaddin; Elizabeth A. (Boulder, CO), McKenney; Megan L. (Boulder, CO), McNulty; Oren T. (Boulder, CO), Metcalf; Andrew T. (Boulder, CO), Moreno; David A. (Boulder, CO), Tang; Tony P. (Boulder, CO), Ren; Li (Boulder, CO)
Assignee:	Array BioPharma Inc. (Boulder, CO)
Application Number:	15/860,808
Patent Claim Types: see list of patent claims	Use;

Understanding the Scope and Claims of United States Patent 10,172,851: A Detailed Analysis

Introduction

Patent 10,172,851, like any other patent, is a complex document that outlines the scope, claims, and innovations of a specific invention. To analyze this patent, it is crucial to understand the broader context of patent law, particularly the recent updates and guidelines provided by the U.S. Patent and Trademark Office (USPTO).

Patent 10,172,851 Overview

Patent Title and Abstract

To begin, it is essential to review the title and abstract of the patent. The title provides a concise description of the invention, while the abstract offers a brief summary of the key aspects, including the problem it solves and the main components of the invention.

Background of the Invention

The background section typically explains the existing state of the art and the problems that the invention aims to address. This section is crucial for understanding the context and the innovative steps taken by the inventors.

Claims Analysis

Independent and Dependent Claims

The claims section is the heart of any patent, as it defines the scope of the invention. Independent claims stand alone and define the invention broadly, while dependent claims build upon the independent claims and provide additional details or limitations.

Claim Construction

The construction of claims is critical for determining patent eligibility and scope. Recent USPTO guidance updates emphasize the importance of integrating judicial exceptions into practical applications. For example, claims that merely involve routine data processing without a practical application are less likely to be patent-eligible, whereas claims that specify the use of the invention in a real-world application are more likely to be eligible[1].

Examples from USPTO Guidance

The 2024 USPTO guidance provides examples that illustrate how claims can be crafted to meet patent eligibility criteria. For instance, a claim that uses separated audio components in a real-time speech recognition system to enhance voice command accuracy in hands-free environments is considered patent-eligible because it integrates the abstract idea into a practical application[1].

Patent Scope and Breadth

Metrics for Measuring Patent Scope

Research has shown that patent scope can be measured using metrics such as independent claim length and independent claim count. These metrics can indicate the breadth of the patent and its potential impact on innovation. Narrower claims are often associated with a higher probability of grant and a shorter examination process[3].

Impact of Examination Process

The patent examination process tends to narrow the scope of patent claims, making them more specific and less broad. This narrowing can affect the overall breadth and validity of the patent[3].

Practical Applications and Technological Improvements

Real-World Applications

To ensure patent eligibility, it is essential to highlight the real-world applications of the claimed method or system. Demonstrating how the abstract idea is applied in a way that provides concrete benefits or solves specific problems in the relevant field is crucial. For example, if the invention improves noise reduction in audio processing or enhances the accuracy of real-time speech recognition, these practical applications can transform the claim into patent-eligible subject matter[1].

Technological Improvements

The invention must offer a concrete technological improvement. This involves assessing whether the claimed invention provides tangible benefits and solves specific problems in the relevant field. Claims that merely involve routine data processing without any inventive concept or practical application are unlikely to meet this criterion[1].

AI-Assisted Inventions

Role of AI in Patent Eligibility

The 2024 USPTO guidance clarifies that the method of invention development, including the use of AI, does not impact subject matter eligibility. The focus remains on the claimed invention itself, ensuring that AI-assisted inventions are evaluated on equal footing with other technologies. However, there must be significant human contribution to the invention to ensure it is not excluded from eligibility[1].

Search and Examination Process

Tools and Resources

The USPTO provides various tools and resources for searching and examining patents, including the Patent Public Search tool, Global Dossier, and the Patent Examination Data System (PEDS). These resources help in identifying prior art and understanding the patent landscape[4].

International Patent Search

To ensure the novelty and non-obviousness of the invention, it is important to conduct a thorough search of international patent databases. Resources such as the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) provide access to global patent data[4].

Legal and Policy Considerations

Small Claims Patent Court

There have been discussions and studies on the feasibility of a small claims patent court, which could impact how patent disputes are resolved. This initiative aims to address issues related to patent litigation costs and accessibility for smaller entities[5].

Recent Case Law and Guidance

Incorporating recent case law and guidance is essential for drafting and evaluating patent claims. The 2024 USPTO guidance update, for example, provides detailed eligibility analysis and examples that help practitioners navigate the complexities of patent eligibility for AI-related inventions[1].

Key Takeaways

• Practical Applications: Claims must integrate abstract ideas into practical applications to be patent-eligible.
• Technological Improvements: The invention must offer concrete technological improvements and solve specific problems in the relevant field.
• AI-Assisted Inventions: The use of AI in invention development does not impact subject matter eligibility, provided there is significant human contribution.
• Claim Construction: Claims should be crafted to specify real-world applications and provide meaningful limits on judicial exceptions.
• Patent Scope: Narrower claims are often associated with a higher probability of grant and a shorter examination process.

FAQs

What is the significance of the 2024 USPTO guidance update on AI patent eligibility?

The 2024 USPTO guidance update refines and clarifies the process for determining the patent eligibility of AI-related inventions, emphasizing the integration of judicial exceptions into practical applications and ensuring AI-assisted inventions are evaluated on equal footing with other technologies.

How do practical applications impact patent eligibility?

Practical applications are crucial for transforming abstract ideas into patent-eligible subject matter. By specifying the use of the invention in a real-world application, claims can demonstrate tangible benefits and solve specific problems, thereby meeting patent eligibility criteria.

What role does AI play in patent eligibility?

The use of AI in invention development does not affect subject matter eligibility. However, there must be significant human contribution to the invention to ensure it is not excluded from eligibility.

How can the scope of a patent be measured?

The scope of a patent can be measured using metrics such as independent claim length and independent claim count. These metrics can indicate the breadth of the patent and its potential impact on innovation.

What resources are available for searching and examining patents?

The USPTO provides several tools and resources, including the Patent Public Search tool, Global Dossier, and the Patent Examination Data System (PEDS), to help in identifying prior art and understanding the patent landscape.

Sources

1. Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility - Mintz
2. U.S. Patent and Trademark Office (USPTO) - USA.gov
3. Patent Claims and Patent Scope - SSRN
4. Search for Patents - USPTO
5. U.S. Patent Small Claims Court - ACUS

Recent additions to Drugs Protected by US Patent 10,172,851

These patents are from the daily update and have not yet been integrated into the regular database

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	Type	RLD	Patent No.	Product	Substance	Delist Req.	Patent Expiration	Usecode	Patented / Exclusive Use
Loxo Oncol Eli Lilly	RETEVMO	selpercatinib	CAPSULE	213246	May 8, 2020	RX	Yes	10,172,851					U-2826	TREATMENT OF ADULT PATIENTS WITH METASTATIC RET FUSION-POSITIVE NON-SMALL CELL LUNG CANCER
Loxo Oncol Eli Lilly	RETEVMO	selpercatinib	CAPSULE	213246	May 8, 2020	RX	Yes	10,172,851					U-2827	TREATMENT OF ADULT AND PEDIATRIC PATIENTS 12 YEARS OF AGE AND OLDER WITH ADVANCED OR METASTATIC RET-MUTANT MEDULLARY THYROID CANCER (MTC) WHO REQUIRE SYSTEMIC THERAPY
Loxo Oncol Eli Lilly	RETEVMO	selpercatinib	CAPSULE	213246	May 8, 2020	RX	Yes	10,172,851					U-2828	TREATMENT OF ADULT AND PEDIATRIC PATIENTS 12 YEARS OF AGE AND OLDER WITH ADVANCED OR METASTATIC RET FUSION-POSITIVE THYROID CANCER WHO REQUIRE SYSTEMIC THERAPY AND WHO ARE RADIOACTIVE IODINE REFRACTORY (IF RADIOACTIVE IODINE IS APPROPRIATE)
Loxo Oncol Eli Lilly	RETEVMO	selpercatinib	CAPSULE	213246	May 8, 2020	RX	Yes	10,172,851					U-3450	TREATMENT OF ADULT PATIENTS WITH LOCALLY ADVANCED OR METASTATIC NON-SMALL CELL LUNG CANCER (NSCLC) WITH A REARRANGED DURING TRANSFECTION (RET) GENE FUSION, AS DETECTED BY AN FDA-APPROVED TEST
Loxo Oncol Eli Lilly	RETEVMO	selpercatinib	CAPSULE	213246	May 8, 2020	RX	Yes	10,172,851					U-3451	TREATMENT OF ADULT AND PEDIATRIC PATIENTS 12 YEARS OF AGE AND OLDER WITH ADVANCED OR METASTATIC MEDULLARY THYROID CANCER (MTC) WITH A RET MUTATION, AS DETECTED BY AN FDA-APPROVED TEST, WHO REQUIRE SYSTEMIC THERAPY
Loxo Oncol Eli Lilly	RETEVMO	selpercatinib	CAPSULE	213246	May 8, 2020	RX	Yes	10,172,851					U-3452	TREATMENT OF ADULT AND PEDIATRIC PATIENTS 12 YEARS OF AGE AND OLDER WITH ADVANCED OR METASTATIC THYROID CANCER WITH A RET GENE FUSION, AS DETECTED BY AN FDA-APPROVED TEST, WHO REQUIRE SYSTEMIC THERAPY AND WHO ARE RADIOACTIVE IODINE-REFRACTORY

Drugs Protected by US Patent 10,172,851

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Loxo Oncol Eli Lilly	RETEVMO	selpercatinib	CAPSULE;ORAL	213246-001	May 8, 2020		RX	Yes	No	10,172,851					TREATMENT OF ADULT PATIENTS WITH LOCALLY ADVANCED OR METASTATIC NON-SMALL CELL LUNG CANCER (NSCLC) WITH A REARRANGED DURING TRANSFECTION (RET) GENE FUSION, AS DETECTED BY AN FDA-APPROVED TEST
Loxo Oncol Eli Lilly	RETEVMO	selpercatinib	CAPSULE;ORAL	213246-001	May 8, 2020		RX	Yes	No	10,172,851					ADULT AND PEDIATRIC PATIENTS 2 YEARS OF AGE AND OLDER WITH LOCALLY ADVANCED OR METASTATIC SOLID TUMORS WITH A RET GENE FUSION THAT HAS PROGRESSED ON OR FOLLOWING PRIOR SYSTEMIC TREATMENT OR WHO HAVE NO SATISFACTORY ALTERNATIVE TREATMENT OPTIONS
Loxo Oncol Eli Lilly	RETEVMO	selpercatinib	CAPSULE;ORAL	213246-001	May 8, 2020		RX	Yes	No	10,172,851					TREATMENT OF ADULT OR PEDIATRIC PATIENTS 2 YEARS OF AGE OR OLDER WITH ADVANCED OR METASTATIC MEDULLARY THYROID CANCER (MTC) WITH A RET MUTATION, AS DETECTED BY AN FDA-APPROVED TEST, WHO REQUIRE SYSTEMIC THERAPY
Loxo Oncol Eli Lilly	RETEVMO	selpercatinib	CAPSULE;ORAL	213246-001	May 8, 2020		RX	Yes	No	10,172,851					TREATMENT OF ADULT OR PEDIATRIC PATIENTS 2 YEARS OF AGE OR OLDER WITH ADVANCED OR METASTATIC THYROID CANCER WITH A RET GENE FUSION, AS DETECTED BY AN FDA-APPROVED TEST, WHO REQUIRE SYSTEMIC THERAPY AND WHO ARE RADIOACTIVE IODINE-REFRACTORY
Loxo Oncol Eli Lilly	RETEVMO	selpercatinib	CAPSULE;ORAL	213246-002	May 8, 2020		RX	Yes	Yes	10,172,851					TREATMENT OF ADULT OR PEDIATRIC PATIENTS 2 YEARS OF AGE OR OLDER WITH ADVANCED OR METASTATIC THYROID CANCER WITH A RET GENE FUSION, AS DETECTED BY AN FDA-APPROVED TEST, WHO REQUIRE SYSTEMIC THERAPY AND WHO ARE RADIOACTIVE IODINE-REFRACTORY
Loxo Oncol Eli Lilly	RETEVMO	selpercatinib	CAPSULE;ORAL	213246-002	May 8, 2020		RX	Yes	Yes	10,172,851					ADULT AND PEDIATRIC PATIENTS 2 YEARS OF AGE AND OLDER WITH LOCALLY ADVANCED OR METASTATIC SOLID TUMORS WITH A RET GENE FUSION THAT HAS PROGRESSED ON OR FOLLOWING PRIOR SYSTEMIC TREATMENT OR WHO HAVE NO SATISFACTORY ALTERNATIVE TREATMENT OPTIONS

International Family Members for US Patent 10,172,851

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Argentina	109919
Argentina	109920
Australia	2017342022
Australia	2017342027
Brazil	112019007143
Brazil	112019007144