Details for Patent: 10,722,511

Which drugs does patent 10,722,511 protect, and when does it expire?

Patent 10,722,511 protects ZOHYDRO ER and is included in one NDA.

This patent has six patent family members in four countries.

Summary for Patent: 10,722,511

Title:	Treating pain in patients with hepatic impairment
Abstract:	An extended release composition for an analgesic active pharmaceutical ingredient which may be an opioid, preferably hydrocodone as the only active ingredient. The extended release composition preferably comprises a extended release composition which may be in the form of beads contained in an oral dosage form such as gelatin capsules. The composition is designed to release hydroccodone in a way such that the increase in hydrocodone exposure in hepatically impaired patients is not clinically significant. The oral dosage units are supplied as part of a kit, which also includes a primary package and a package insert all sold as a commercially marketed product. The primary package and package insert are contained in an optional secondary package and the package insert does not contain a warning, a dosing instruction, or a dosing table specifically directed to patients suffering from mild, moderate or severe hepatic impairment, and preferably explicitly states that dosing adjustment is not required for mild or moderate hepatic impairment.
Inventor(s):	Hartman; Andrew (Belmont, CA), Rubino; Christopher M. (Willamsville, NY), Robinson; Cynthia Y. (Burlingame, CA)
Assignee:	Persion Pharmaceuticals LLC (Morristown, NJ)
Application Number:	16/665,715
Patent Claim Types: see list of patent claims	Use; Formulation; Device;

Understanding the Scope and Claims of a U.S. Patent: A Detailed Analysis of United States Patent 10,722,511

Introduction

When navigating the complex world of patents, understanding the scope and claims of a patent is crucial for inventors, businesses, and legal professionals. This article will delve into the specifics of United States Patent 10,722,511, using it as a case study to explain the broader concepts of patent scope, claims, and the patent landscape in the United States.

What is a Patent?

A patent is a form of intellectual property that grants the inventor exclusive rights to make, use, or sell their invention for a specified period, typically 20 years from the filing date. Patents are granted by the U.S. Patent and Trademark Office (USPTO) and are defined by the Patent Act of 1790 as "any improvement therein not before known or used," which must be "sufficiently useful and important"[4].

Patent Scope

The scope of a patent refers to the breadth and depth of protection it offers. It is a critical aspect of patent quality and is often measured using metrics such as independent claim length and independent claim count[3].

Metrics for Measuring Patent Scope

• Independent Claim Length: This metric involves analyzing the length of the independent claims in a patent. Generally, shorter independent claims are associated with narrower and more focused patents, while longer claims may indicate broader and more complex inventions[3].
• Independent Claim Count: The number of independent claims can also indicate the scope of a patent. Fewer independent claims often suggest a more focused invention, whereas multiple independent claims may indicate a broader scope[3].

Patent Claims

Patent claims are the legal definitions of the invention and define the scope of the patent. They are divided into independent and dependent claims.

Independent Claims

Independent claims stand alone and define the invention without reference to other claims. They are crucial because they set the boundaries of what is protected by the patent.

Dependent Claims

Dependent claims refer back to and further limit an independent claim. They provide additional details and narrow down the scope of the invention.

Analyzing United States Patent 10,722,511

To analyze the scope and claims of United States Patent 10,722,511, one would need to review the patent document itself, which is not provided here. However, here is a general approach to how one would conduct such an analysis:

Reviewing the Abstract and Background

The abstract provides a brief summary of the invention, while the background section gives context and explains the problem the invention solves.

Examining the Claims

• Identify Independent Claims: Look for claims that are not dependent on other claims. These define the core of the invention.
• Analyze Dependent Claims: Dependent claims will further refine the scope by adding specific details or limitations.
• Claim Length and Count: Measure the length and count of independent claims to gauge the patent's scope.

Understanding the Description and Drawings

The detailed description and drawings provide a comprehensive explanation of the invention, including its components, operation, and any variations.

The Patent Landscape in the United States

The U.S. patent landscape is vast and complex, with various tools and resources available for searching and analyzing patents.

Resources for Patent Searching

• Patent Public Search: A modern web-based tool that replaced legacy search tools, providing enhanced access to prior art[1].
• Global Dossier: A service that allows users to view the file histories of related applications from participating IP Offices[1].
• Patent and Trademark Resource Centers (PTRCs): Local centers that offer training in patent search techniques and maintain local search resources[1].

International Patent Databases

For a global perspective, databases from other international intellectual property offices are crucial. These include the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].

Trends in Patenting

Patenting trends can provide insights into the focus areas of innovation and the evolving landscape of intellectual property.

Technology Areas

The USPTO classifies patents into various technology areas, such as electrical engineering, mechanical engineering, and biotechnology. Analyzing these areas can reveal trends in innovation over time[4].

Geographic Distribution

Patents can be allocated geographically based on inventorship information, providing insights into regional innovation hubs and global patenting trends[4].

Legal and Policy Considerations

The legal and policy framework surrounding patents is continually evolving.

Small Claims Patent Court

There have been discussions and studies on the feasibility of a small claims patent court to address issues related to patent litigation costs and accessibility[5].

Patent Examination Process

The patent examination process plays a critical role in defining the scope of a patent. Research has shown that the examination process tends to narrow the scope of patent claims, making them more focused and specific[3].

Key Takeaways

• Patent Scope: Measured by metrics such as independent claim length and count, it defines the breadth and depth of protection.
• Patent Claims: Independent and dependent claims define the invention and its boundaries.
• Patent Landscape: Utilize resources like Patent Public Search, Global Dossier, and international databases to navigate the patent landscape.
• Trends in Patenting: Analyze technology areas and geographic distribution to understand innovation trends.
• Legal Considerations: Stay updated on legal and policy changes, such as discussions on a small claims patent court.

FAQs

What is the purpose of the Global Dossier service?

The Global Dossier service 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 access dossier, classification, and citation data[1].

How do independent claim length and count affect patent scope?

Independent claim length and count are metrics that indicate the scope of a patent. Shorter independent claims and fewer independent claims generally suggest a narrower and more focused patent, while longer and more numerous claims may indicate a broader scope[3].

What resources are available for searching international patents?

Resources include the European Patent Office (EPO), Japan Patent Office (JPO), World Intellectual Property Organization (WIPO), and other international intellectual property offices that provide searchable databases[1].

Why is the patent examination process important?

The patent examination process is crucial as it tends to narrow the scope of patent claims, making them more focused and specific, and affects the probability of grant and the duration of the examination process[3].

What is the proposed small claims patent court?

The proposed small claims patent court is a study initiated by the USPTO and conducted by the Administrative Conference of the United States (ACUS) to explore the feasibility and structure of a court that would handle smaller-scale patent disputes, aiming to reduce litigation costs and improve accessibility[5].

Sources

1. USPTO: Search for patents - USPTO
2. USA.gov: U.S. Patent and Trademark Office (USPTO) | USAGov
3. SSRN: Patent Claims and Patent Scope
4. NCSES: Invention: U.S. and Comparative Global Trends
5. ACUS: U.S. Patent Small Claims Court

Drugs Protected by US Patent 10,722,511

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Recro Gainesville	ZOHYDRO ER	hydrocodone bitartrate	CAPSULE, EXTENDED RELEASE;ORAL	202880-001	Oct 25, 2013		DISCN	Yes	No						TREATMENT OF PAIN IN PATIENTS WITH HEPATIC IMPAIRMENT
Recro Gainesville	ZOHYDRO ER	hydrocodone bitartrate	CAPSULE, EXTENDED RELEASE;ORAL	202880-002	Oct 25, 2013		DISCN	Yes	No						TREATMENT OF PAIN IN PATIENTS WITH HEPATIC IMPAIRMENT
Recro Gainesville	ZOHYDRO ER	hydrocodone bitartrate	CAPSULE, EXTENDED RELEASE;ORAL	202880-003	Oct 25, 2013		DISCN	Yes	No						TREATMENT OF PAIN IN PATIENTS WITH HEPATIC IMPAIRMENT
Recro Gainesville	ZOHYDRO ER	hydrocodone bitartrate	CAPSULE, EXTENDED RELEASE;ORAL	202880-004	Oct 25, 2013		DISCN	Yes	No						TREATMENT OF PAIN IN PATIENTS WITH HEPATIC IMPAIRMENT
Recro Gainesville	ZOHYDRO ER	hydrocodone bitartrate	CAPSULE, EXTENDED RELEASE;ORAL	202880-005	Oct 25, 2013		DISCN	Yes	No						TREATMENT OF PAIN IN PATIENTS WITH HEPATIC IMPAIRMENT
Recro Gainesville	ZOHYDRO ER	hydrocodone bitartrate	CAPSULE, EXTENDED RELEASE;ORAL	202880-006	Oct 25, 2013		DISCN	Yes	No						TREATMENT OF PAIN IN PATIENTS WITH HEPATIC IMPAIRMENT

International Family Members for US Patent 10,722,511

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Canada	2872677
China	103904260
China	105759918
Japan	2014127347
Japan	6089296
World Intellectual Property Organization (WIPO)	2014022570