Details for Patent: 10,478,494

Which drugs does patent 10,478,494 protect, and when does it expire?

Patent 10,478,494 protects BALVERSA and is included in one NDA.

This patent has twenty-nine patent family members in twenty-five countries.

Summary for Patent: 10,478,494

Title:	FGFR/PD-1 combination therapy for the treatment of cancer
Abstract:	Provided herein are combination therapies for the treatment of cancer. In particular, the disclosed methods are directed to treatment of cancer in a patient comprising administering an antibody that blocks the interaction between PD-1 and PD-L1 and an FGFR inhibitor, wherein the antibody that blocks the interaction between PD-1 and PD-L1 and the FGFR inhibitor are administered if one or more FGFR variants are present in a biological sample from the patient.
Inventor(s):	Karkera Jayaprakash, Platero Suso Jesus, Verona Raluca, Lorenzi Matthew V.
Assignee:	ASTEX THERAPEUTICS LTD
Application Number:	US15079136
Patent Claim Types: see list of patent claims

Analyzing the Scope and Claims of United States Patent 10,478,494

Introduction

When analyzing a patent, understanding its scope and claims is crucial for determining its validity, potential infringement, and overall impact on the patent landscape. Here, we will delve into the specifics of United States Patent 10,478,494, exploring its claims, scope, and the broader context within which it exists.

Understanding Patent Claims

Patent claims are the legal definitions of the invention, outlining what the patent holder can exclude others from making, using, or selling. These claims are divided into independent and dependent claims, with independent claims standing alone and dependent claims referring back to and further limiting the independent claims[3].

Patent 10,478,494 Overview

To analyze the scope and claims of Patent 10,478,494, one must first identify the patent's title, abstract, and detailed description.

Title and Abstract

The title of the patent provides a brief summary of the invention, while the abstract offers a more detailed but still concise description. For example, if we consider a hypothetical patent titled "Method and System for Data Encryption," the abstract might describe how the method involves encrypting data using a novel algorithm that enhances security and efficiency.

Detailed Description

The detailed description section of the patent provides a comprehensive explanation of the invention, including drawings and diagrams. This section is crucial for understanding the scope of the patent.

Claim Analysis

Independent Claims

Independent claims define the broadest scope of the invention. These claims are typically more general and set the foundation for the dependent claims. For instance, an independent claim might read: "A method for encrypting data, comprising: receiving data to be encrypted; applying a novel encryption algorithm to the data; and transmitting the encrypted data."

Dependent Claims

Dependent claims narrow down the scope of the independent claims by adding additional limitations. For example, a dependent claim might read: "The method of claim 1, wherein the novel encryption algorithm includes a specific key size and encryption protocol."

Scope of the Patent

The scope of a patent is determined by its claims. Here are some key aspects to consider:

Novelty and Non-Obviousness

The patent must be novel and non-obvious over the prior art. This means that the invention must be new and not an obvious variation of existing technology[1].

Enablement and Written Description

The patent must be enabled, meaning that a person of ordinary skill in the relevant field could make and use the invention based on the description provided. Additionally, the written description requirement ensures that the patent fully describes the invention and how to make and use it[1].

Patent Landscape

Understanding the patent landscape involves looking at related patents and the broader intellectual property environment.

Prior Art

Prior art includes all existing knowledge and inventions in the field that predate the patent application. Tools like the USPTO's Patent Public Search and Global Dossier can help identify prior art and related patent families[1].

International Considerations

Patents are territorial, so it's essential to check if similar patents exist in other countries. Databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can be used for this purpose[1].

Legal and Policy Considerations

Patent Eligibility

The patent must be directed to patent-eligible subject matter. For example, abstract ideas, laws of nature, and natural phenomena are not eligible for patent protection under 35 U.S.C. § 101[2].

Litigation and Enforcement

Patent holders must be prepared to enforce their patents through litigation if necessary. The structure of the claims can significantly impact the ease and cost of enforcement. For instance, a small claims patent court, as proposed by the Administrative Conference of the United States (ACUS), could provide a more streamlined and cost-effective way to resolve patent disputes[5].

Tools and Resources for Patent Analysis

Several tools and resources are available to help analyze patents:

USPTO Resources

• Patent Public Search: A web-based tool that provides enhanced access to prior art and replaces legacy search tools like PubEast and PubWest[1].
• Global Dossier: Allows users to view the file histories of related applications from participating IP Offices[1].
• Patent and Trademark Resource Centers (PTRCs): Provide local search resources and training in patent search techniques[1].

Data and Statistics

• Patent Claims Research Dataset: Contains detailed information on claims from US patents granted between 1976 and 2014 and US patent applications published between 2001 and 2014. This dataset can help in analyzing trends and scope measurements[3].

Practical Steps for Analyzing a Patent

Step 1: Identify the Patent

Locate the patent using tools like the USPTO's Patent Public Search or by searching through databases of international patent offices.

Step 2: Read the Claims

Carefully read the independent and dependent claims to understand the scope of the patent.

Step 3: Analyze the Detailed Description

Review the detailed description and drawings to gain a comprehensive understanding of the invention.

Step 4: Check Prior Art

Use tools like the Global Dossier and Common Citation Document (CCD) to identify prior art and related patent families[1].

Step 5: Evaluate Legal and Policy Considerations

Determine if the patent is directed to patent-eligible subject matter and consider potential litigation and enforcement strategies.

Key Takeaways

• Claims Analysis: Understanding the independent and dependent claims is crucial for determining the scope of the patent.
• Prior Art: Identifying prior art helps in assessing the novelty and non-obviousness of the invention.
• Legal Considerations: Ensuring the patent is directed to patent-eligible subject matter and understanding enforcement options are vital.
• Tools and Resources: Utilize USPTO resources, data sets, and international databases to conduct a thorough analysis.

FAQs

Q1: How do I find a specific patent using the USPTO's Patent Public Search? You can find a specific patent by using the USPTO's Patent Public Search tool, which allows you to search by patent number, title, abstract, or other criteria[1].

Q2: What is the difference between independent and dependent claims? Independent claims define the broadest scope of the invention and stand alone, while dependent claims narrow down the scope by adding additional limitations to the independent claims[3].

Q3: How can I check if a similar patent exists in other countries? You can use databases provided by international patent offices such as the EPO, JPO, and WIPO to search for similar patents in other countries[1].

Q4: What is the purpose of the Global Dossier? The Global Dossier provides access to the file histories of related applications from participating IP Offices, allowing users to see the patent family for a specific application and related data[1].

Q5: How can I determine if a patent is directed to patent-eligible subject matter? You need to ensure the patent does not fall under categories excluded from patent eligibility, such as abstract ideas, laws of nature, and natural phenomena, as defined under 35 U.S.C. § 101[2].

Sources

1. USPTO - Search for patents: https://www.uspto.gov/patents/search
2. MOBILE ACUITY LTD. v. BLIPPAR LTD.: https://cafc.uscourts.gov/opinions-orders/22-2216.OPINION.8-6-2024_2362691.pdf
3. USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
4. USPTO - Search by inventor name: https://www.uspto.gov/learning-and-resources/uspto-videos/search-inventor-name
5. ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court

Drugs Protected by US Patent 10,478,494

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Janssen Biotech	BALVERSA	erdafitinib	TABLET;ORAL	212018-001	Apr 12, 2019		RX	Yes	No	10,478,494					TREATMENT OF ADULTS WITH LOCALLY ADVANCED OR METASTATIC UROTHELIAL CARCINOMA WITH SUSCEPTIBLE FGFR3 GENETIC ALTERATIONS WHOSE DISEASE HAS PROGRESSED ON OR AFTER PRIOR PD-1 OR PD-L1 INHIBITOR THERAPY
Janssen Biotech	BALVERSA	erdafitinib	TABLET;ORAL	212018-002	Apr 12, 2019		RX	Yes	No	10,478,494					TREATMENT OF ADULTS WITH LOCALLY ADVANCED OR METASTATIC UROTHELIAL CARCINOMA WITH SUSCEPTIBLE FGFR3 GENETIC ALTERATIONS WHOSE DISEASE HAS PROGRESSED ON OR AFTER PRIOR PD-1 OR PD-L1 INHIBITOR THERAPY
Janssen Biotech	BALVERSA	erdafitinib	TABLET;ORAL	212018-003	Apr 12, 2019		RX	Yes	Yes	10,478,494					TREATMENT OF ADULTS WITH LOCALLY ADVANCED OR METASTATIC UROTHELIAL CARCINOMA WITH SUSCEPTIBLE FGFR3 GENETIC ALTERATIONS WHOSE DISEASE HAS PROGRESSED ON OR AFTER PRIOR PD-1 OR PD-L1 INHIBITOR THERAPY

International Family Members for US Patent 10,478,494

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Argentina	104172
Australia	2016243917
Australia	2022201060
Brazil	112017020973
Canada	2981603