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Last Updated: December 22, 2024

Details for Patent: 10,610,523


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Which drugs does patent 10,610,523 protect, and when does it expire?

Patent 10,610,523 protects SUBSYS and is included in one NDA.

This patent has nine patent family members in nine countries.

Summary for Patent: 10,610,523
Title:Sublingual fentanyl spray
Abstract: The present invention is directed to sublingual formulations containing fentanyl, a pharmaceutically acceptable sale thereof, or derivative thereof, suitable for administration to a patient, and methods for treatment with the formulations.
Inventor(s): Kottayil; S. George (Long Grove, IL), Goskonda; Venkat R. (Phoenix, AZ), Zhu; Zhongyuan (Vernon Hills, IL), Kattookaran; Linet (Mount Prospect, IL), Parikh; Neha (Chicago, IL)
Assignee: BTCP PHARMA, LLC (Northbrook, IL)
Application Number:15/478,499
Patent Claim Types:
see list of patent claims
Formulation;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 10,610,523: A Detailed Analysis

Introduction

Patent 10,610,523, like any other patent, is a complex document that outlines the invention, its claims, and the scope of protection it seeks. To analyze this patent, we need to delve into its key components, including the background, summary, detailed description, and most importantly, the claims.

Background of the Patent

Before diving into the specifics of Patent 10,610,523, it is crucial to understand the context in which it was filed. This includes the technological field it pertains to, the problems it aims to solve, and any prior art that may have influenced its development.

Summary of the Invention

The summary section provides a high-level overview of the invention. Here, you would typically find a brief description of what the invention is, its main components, and how it operates. This section sets the stage for understanding the more detailed descriptions that follow.

Detailed Description of the Invention

This section is where the patentee provides a detailed explanation of the invention, including drawings, diagrams, and a step-by-step description of how the invention works. It is essential for understanding the technical aspects and the specific innovations claimed by the patent.

Claims

The claims section is the most critical part of any patent, as it defines the scope of protection granted by the patent. Here are some key points to consider when analyzing the claims of Patent 10,610,523:

Independent and Dependent Claims

  • Independent claims stand alone and define the invention without reference to other claims. They are typically broader and more general.
  • Dependent claims, on the other hand, refer back to an independent claim and add additional limitations or features. They are narrower and more specific[3].

Claim Language and Scope

  • The language used in the claims is precise and technical. It must be clear and definite to avoid ambiguity.
  • The scope of the claims determines what is protected by the patent. Broader claims may cover more variations of the invention, but they are also more likely to face challenges during the examination process or in court[3].

Patent Eligibility

  • Recent updates from the USPTO, such as the 2024 guidance update, emphasize the importance of integrating judicial exceptions into practical applications to ensure patent eligibility. Claims must show a meaningful limit and transform the abstract idea into a patent-eligible invention[1][5].

Example Analysis of Claims

To illustrate, let's consider a hypothetical example similar to those provided in the 2024 USPTO guidance update:

Claim 1:

  • A method for processing audio signals using a mathematical model to separate audio components.

Claim 2:

  • The method of Claim 1, wherein the separated audio components are used in a speech recognition system to improve the accuracy of voice commands in a hands-free environment.

In this example, Claim 1 is considered too broad and does not integrate the abstract idea into a practical application. Claim 2, however, specifies a real-world application that enhances the accuracy of voice commands, making it patent-eligible[1].

Practical Applications and Technological Improvements

The 2024 USPTO guidance update stresses the importance of demonstrating practical applications and technological improvements. Claims must show how the invention solves specific problems or provides concrete benefits in the relevant field. For instance, if the invention improves noise reduction in audio processing or enhances the accuracy of real-time speech recognition, these benefits must be clearly articulated in the claims[1].

Prior Art and Novelty

When analyzing the scope and claims of a patent, it is essential to consider prior art. The patent must be novel and non-obvious over existing inventions. Tools like the USPTO's Patent Public Search and Global Dossier can help in identifying relevant prior art and ensuring that the claims are novel and inventive[4].

International Considerations

Patents are not limited to national boundaries. The global patent landscape must be considered, especially when assessing the scope and claims of a U.S. patent. Databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can be used to search for similar patents filed internationally[4].

Litigation and Enforcement

The scope and claims of a patent also play a crucial role in litigation and enforcement. Broader claims may be more vulnerable to challenges, while narrower claims may be more defensible but offer less protection. The clarity and specificity of the claims can significantly impact the outcome of patent disputes[3].

Conclusion

Analyzing the scope and claims of United States Patent 10,610,523 involves a thorough examination of its background, summary, detailed description, and most critically, its claims. The claims must be clear, definite, and integrate judicial exceptions into practical applications to ensure patent eligibility. Demonstrating practical applications and technological improvements is essential, as is considering prior art and international patent landscapes.

Key Takeaways

  • Claims Language: The language used in claims must be precise and technical to avoid ambiguity.
  • Patent Eligibility: Claims must integrate judicial exceptions into practical applications to ensure patent eligibility.
  • Practical Applications: Demonstrating real-world applications and technological improvements is crucial.
  • Prior Art: Ensuring novelty and non-obviousness over existing inventions is essential.
  • International Considerations: The global patent landscape must be considered when assessing the scope and claims.
  • Litigation and Enforcement: The clarity and specificity of claims can significantly impact the outcome of patent disputes.

FAQs

Q: What is the importance of independent and dependent claims in a patent?

  • Independent claims define the invention broadly, while dependent claims add specific limitations, making them narrower and more defensible.

Q: How does the 2024 USPTO guidance update impact AI-related patent claims?

  • The update clarifies that AI-assisted inventions are evaluated on equal footing with other technologies, focusing on the claimed invention itself rather than the method of development.

Q: What tools can be used to search for prior art when analyzing patent claims?

  • Tools such as the USPTO's Patent Public Search, Global Dossier, and international databases like those from the EPO and WIPO can be used.

Q: Why is it important to demonstrate practical applications in patent claims?

  • Demonstrating practical applications shows how the invention solves specific problems or provides concrete benefits, which is crucial for patent eligibility.

Q: How do broader claims impact the defensibility of a patent?

  • Broader claims may offer more protection but are more vulnerable to challenges during the examination process or in court. Narrower claims are more defensible but offer less protection.

More… ↓

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Drugs Protected by US Patent 10,610,523

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Btcp Pharma SUBSYS fentanyl SPRAY;SUBLINGUAL 202788-001 Jan 4, 2012 DISCN Yes No 10,610,523 ⤷  Subscribe Y ⤷  Subscribe
Btcp Pharma SUBSYS fentanyl SPRAY;SUBLINGUAL 202788-002 Jan 4, 2012 DISCN Yes No 10,610,523 ⤷  Subscribe Y ⤷  Subscribe
Btcp Pharma SUBSYS fentanyl SPRAY;SUBLINGUAL 202788-003 Jan 4, 2012 DISCN Yes No 10,610,523 ⤷  Subscribe Y ⤷  Subscribe
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

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