Details for Patent: 10,449,146

Which drugs does patent 10,449,146 protect, and when does it expire?

Patent 10,449,146 protects KYNMOBI and is included in one NDA.

This patent has seven patent family members in four countries.

Summary for Patent: 10,449,146

Title:	Methods of treating parkinson's disease by administration of apomorphine to an oral mucosa
Abstract:	Methods and pharmaceutical unit dosage forms for treating Parkinson's disease in a subject (e.g., an "off" episode in a subject having Parkinson's disease) are described. The pharmaceutical unit dosage forms are films having a first portion including particles containing an acid addition salt of apomorphine and a second portion containing a pH neutralizing agent. The pharmaceutical unit dosage forms can be flexible and have toughness greater than 100 g.times.mm. The methods can involve administering to a subject having Parkinson's disease a therapeutic dose sufficient to produce an apomorphine plasma concentrate of at least 2.64 ng/mL within 45 minutes after the administration. The subject may be identified as having low uptake, medium uptake, or high uptake of apomorphine administered via oral mucosa.
Inventor(s):	Barnhart; Scott David (York, PA), Koons; Michael Clinton (York, PA), Hariharan; Madhu Sudan (Greensboro, NC), Dubow; Jordan (Glencoe, IL), Bilbault; Thierry (Toronto, CA), Giovinazzo; Anthony John (Caledon, CA)
Assignee:	Sunovion Pharmaceuticals Inc. (Marlborough, MA)
Application Number:	15/789,528
Patent Claim Types: see list of patent claims	Use;

Understanding the Scope and Claims of United States Patent 10,449,146

Introduction to Patent Analysis

When analyzing a patent, it is crucial to understand the scope, claims, and the broader patent landscape in which it exists. This article will delve into the specifics of United States Patent 10,449,146, providing a comprehensive analysis of its claims, scope, and the context within the U.S. patent system.

What is a Patent?

A patent is a form of intellectual property that gives the patent holder the exclusive right to make, use, and sell an invention for a specified period, typically 20 years from the filing date. Patents are granted by the United States Patent and Trademark Office (USPTO) after a thorough examination process to ensure the invention is novel, non-obvious, and useful[4].

Patent 10,449,146 Overview

To analyze Patent 10,449,146, one must start by identifying the key elements of the patent:

Invention Title and Abstract

The title and abstract provide a brief summary of the invention. This information is crucial for understanding the general scope of the patent.

Claims

The claims section is the most critical part of a patent as it defines the scope of the invention. Claims are statements that describe the invention in a way that distinguishes it from prior art. There are two types of claims: independent claims and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims[3].

Description and Drawings

The description and drawings provide detailed information about the invention, including how it works and its various components. This section helps in understanding the technical aspects of the invention.

Analyzing the Claims

Independent Claims

Independent claims are the broadest claims in a patent and define the core of the invention. For Patent 10,449,146, identifying the independent claims is essential to understand the fundamental aspects of the invention.

Dependent Claims

Dependent claims narrow down the scope of the independent claims by adding additional limitations. These claims help in defining specific embodiments of the invention.

Scope of the Patent

Patent Scope Measurements

The scope of a patent can be measured using various metrics, such as the number of claims, the breadth of the claims, and the dependency between claims. The USPTO's Patent Claims Research Dataset provides tools to analyze these metrics, helping to understand the patent's scope and its position within the broader patent landscape[3].

Prior Art and Novelty

To ensure the patent is valid, it must be novel and non-obvious over prior art. Analyzing prior art involves searching historical patents and other relevant documents to determine if the invention is truly new and innovative[1].

Patent Landscape

Global Dossier

The Global Dossier service provided by the USPTO allows users to view the file histories of related applications from participating IP Offices. This tool is useful for understanding the global patent family and how the patent fits into the international patent landscape[4].

Public Search Facilities

The USPTO Public Search Facility and other resources like the Main STIC Library offer access to patent and trademark information, enabling thorough searches and analyses of related patents and applications[4].

Legal and Policy Considerations

Infringement and Litigation

Understanding the legal implications of a patent involves analyzing cases of infringement and litigation. For example, the case of DDR Holdings vs. NLG illustrates how patent claims can be contested and the importance of proving infringement and validity[2].

Small Claims Patent Court

There is ongoing discussion about the feasibility of a small claims patent court, which could impact how patent disputes are resolved, especially for smaller inventors and businesses. This potential development could alter the landscape for patent enforcement and litigation[5].

Practical Considerations for Patent Holders

Maintenance and Enforcement

Patent holders must maintain their patents through periodic payments and ensure they are enforced to prevent infringement. This involves monitoring the market and taking legal action when necessary.

Licensing and Assignment

Patents can be licensed or assigned to other parties, which can affect their scope and claims. Understanding these transactions is crucial for managing intellectual property effectively.

Key Takeaways

• Claims Analysis: The claims section of a patent is critical for defining the scope of the invention.
• Patent Scope: Measuring the scope of a patent involves analyzing the number and breadth of claims.
• Prior Art: Ensuring novelty and non-obviousness over prior art is essential for patent validity.
• Global Context: Understanding the global patent family and related applications is vital for comprehensive patent analysis.
• Legal Implications: Patent holders must be aware of legal considerations such as infringement, litigation, and potential changes in patent court structures.

FAQs

Q: What is the primary purpose of the claims section in a patent? A: The claims section defines the scope of the invention, distinguishing it from prior art and specifying what is protected by the patent.

Q: How can one search for prior art related to a patent? A: Prior art can be searched using resources like the USPTO's Public Search Facility, historical patent databases, and online tools such as Google Patents and Espacenet[1][4].

Q: What is the Global Dossier service? A: The Global Dossier service allows users to view the file histories of related applications from participating IP Offices, providing a comprehensive view of the global patent family[4].

Q: Why is it important to analyze the patent landscape? A: Analyzing the patent landscape helps in understanding the position of the patent within the broader context of related inventions and applications, which is crucial for strategic decision-making.

Q: What are the implications of a small claims patent court? A: A small claims patent court could simplify and reduce the costs associated with patent disputes, particularly for smaller inventors and businesses, but its feasibility and structure are still under study[5].

Sources

1. NYPL Libguides: How to Search for an Historical U.S. Patent.
2. United States Court of Appeals for the Federal Circuit: DDR Holdings - United States Court of Appeals for the Federal Circuit.
3. USPTO: Patent Claims Research Dataset.
4. USPTO: Search for patents.
5. ACUS: U.S. Patent Small Claims Court.

Drugs Protected by US Patent 10,449,146

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Sumitomo Pharma Am	KYNMOBI	apomorphine hydrochloride	FILM;SUBLINGUAL	210875-001	May 21, 2020		DISCN	Yes	No	10,449,146					TREATMENT OF 'OFF' EPISODES IN PATIENTS WITH PARKINSON'S DISEASE
Sumitomo Pharma Am	KYNMOBI	apomorphine hydrochloride	FILM;SUBLINGUAL	210875-002	May 21, 2020		DISCN	Yes	No	10,449,146					TREATMENT OF 'OFF' EPISODES IN PATIENTS WITH PARKINSON'S DISEASE
Sumitomo Pharma Am	KYNMOBI	apomorphine hydrochloride	FILM;SUBLINGUAL	210875-003	May 21, 2020		DISCN	Yes	No	10,449,146					TREATMENT OF 'OFF' EPISODES IN PATIENTS WITH PARKINSON'S DISEASE
Sumitomo Pharma Am	KYNMOBI	apomorphine hydrochloride	FILM;SUBLINGUAL	210875-004	May 21, 2020		DISCN	Yes	No	10,449,146					TREATMENT OF 'OFF' EPISODES IN PATIENTS WITH PARKINSON'S DISEASE
Sumitomo Pharma Am	KYNMOBI	apomorphine hydrochloride	FILM;SUBLINGUAL	210875-005	May 21, 2020		DISCN	Yes	No	10,449,146					TREATMENT OF 'OFF' EPISODES IN PATIENTS WITH PARKINSON'S DISEASE

International Family Members for US Patent 10,449,146

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Canada	3019769
Canada	3127926
European Patent Office	3285771
Japan	2018513869
Japan	2021105006
Japan	7211706
World Intellectual Property Organization (WIPO)	2016172095