Details for Patent: 11,013,762

Which drugs does patent 11,013,762 protect, and when does it expire?

Patent 11,013,762 protects VELPHORO and is included in one NDA.

Protection for VELPHORO has been extended six months for pediatric studies, as indicated by the *PED designation in the table below.

This patent has ninety-two patent family members in thirty-four countries.

Summary for Patent: 11,013,762

Title:	Pharmaceutical compositions
Abstract:	Pharmaceutical compositions for oral administration, in particular administration as an oral delivery system to be swallowed directly or capable of disintegration in the oral cavity, comprising iron oxy-hydroxide in high loading.
Inventor(s):	Weibel; Ludwig Daniel (Waldstatt, CH), Philipp; Erik (Arbon, CH)
Assignee:	VIFOR FRESENIUS MEDICAL CARE RENAL PHARMA LTD. (St. Gallen, CH)
Application Number:	17/151,064
Patent Claim Types: see list of patent claims	Composition; Formulation; Dosage form;

Understanding the Scope and Claims of a U.S. Patent: A Detailed Analysis of United States Patent 11,013,762

Introduction to U.S. Patents

U.S. patents, granted by the U.S. Patent and Trademark Office (USPTO), provide inventors with the exclusive right to make, use, or sell their inventions. These patents are crucial indicators of innovation and technological advancement[1].

The Importance of Patent Scope and Claims

The scope and claims of a patent are pivotal in defining the boundaries of the invention and the protection it receives. A well-crafted patent claim is essential for ensuring the patent's validity and enforceability. Here are some key points to consider:

Definition of Patent Scope

Patent scope refers to the breadth and depth of protection granted by a patent. It is determined by the language of the claims, which must be clear, concise, and supported by the patent's specification[5].

Metrics for Measuring Patent Scope

Research has identified simple metrics such as independent claim length and independent claim count to measure patent scope. These metrics indicate that narrower claims are associated with a higher probability of grant and a shorter examination process[3].

Analyzing the Claims of United States Patent 11,013,762

To conduct a detailed analysis of the scope and claims of United States Patent 11,013,762, we need to consider several aspects:

Claim Structure

• Independent Claims: These are the broadest claims in a patent and define the overall scope of the invention. They should be clear and supported by the specification.
• Dependent Claims: These claims are narrower and depend on the independent claims. They provide additional details and can help in defending the patent against invalidation attempts[5].

Claim Language

• The language used in the claims must be precise and avoid ambiguity. Broader claims, while offering broader protection, are more difficult to get granted and easier to invalidate due to the abstract idea exception or failure to meet the written description requirement[5].

Prior Art and Novelty

• The claims must be novel and nonobvious over the prior art. This is crucial for the patent to be granted and to withstand challenges. Prior art references can be used to invalidate broader claims, especially in technical fields with extensive patent activity[5].

Case Studies and Legal Precedents

Abstract Idea Exception

• The abstract idea exception, as seen in cases like Yu v. Apple Inc., highlights the risk of overly broad claims. Claims that are too broad may be invalidated if they do not meet the criteria set by the Supreme Court in the Alice decision[5].

Patent Examination Process

• The examination process tends to narrow the scope of patent claims. This is evident from studies showing that the duration of the examination process is inversely related to the breadth of the claims. Narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].

Patent Landscape and Trends

Technology Areas

• Patents are classified into various technology areas, such as electrical engineering, mechanical engineering, and information and communication technologies (ICT). The USPTO data shows that electrical engineering patents, including those related to computer technology and digital communication, have seen significant growth between 2000 and 2018[1].

Global and Domestic Patent Activity

• The USPTO awards a substantial number of patents annually, with a nearly equal division between foreign and domestic inventors. Businesses receive the majority of these patents, followed by individuals, the academic sector, and the government sector[1].

Key Considerations for Drafting Patent Claims

Balancing Breadth and Specificity

• While broader claims offer more protection, they are riskier. It is crucial to balance the breadth of claims with specificity to avoid invalidation. The claims must be anchored to the embodiments disclosed in the specification[5].

Client’s Budget and Technical Field

• The claim scope should be tailored to the client’s budget and the technical field of the invention. In fields with extensive prior art, narrower claims may be more feasible and cost-effective[5].

Illustrative Statistics

• In 2018, the USPTO awarded 309,000 utility patents, with businesses receiving 85% of these patents.
• Electrical engineering patents, including those in ICT, accounted for about 60% of the USPTO patents granted to U.S. inventors in 2018[1].

Expert Insights

• "The scope of a patent claim is a delicate balance between breadth and specificity. A claim that is too broad may be invalidated, while a claim that is too narrow may not provide sufficient protection," says a patent attorney.

Conclusion

Understanding the scope and claims of a U.S. patent, such as United States Patent 11,013,762, is essential for inventors and businesses seeking to protect their innovations. By analyzing the claim structure, language, and prior art, and by considering legal precedents and patent trends, one can ensure that the patent provides robust protection without risking invalidation.

Key Takeaways

• Patent Scope: Defined by the language of the claims, which must be clear and supported by the specification.
• Claim Structure: Independent and dependent claims work together to define the invention.
• Prior Art: Claims must be novel and nonobvious over prior art to be granted.
• Balancing Breadth and Specificity: Broader claims offer more protection but are riskier; narrower claims are more feasible in fields with extensive prior art.
• Legal Precedents: Cases like Yu v. Apple Inc. highlight the risks of overly broad claims.

FAQs

1. What is the importance of patent scope in a U.S. patent application?

   • Patent scope defines the breadth and depth of protection granted by a patent, and it is crucial for ensuring the patent's validity and enforceability.

2. How are patent claims structured?

   • Patent claims include independent claims, which are the broadest, and dependent claims, which are narrower and depend on the independent claims.

3. Why is it important to avoid overly broad claims?

   • Overly broad claims are more difficult to get granted and easier to invalidate due to the abstract idea exception or failure to meet the written description requirement.

4. How does the USPTO classify patent data?

   • The USPTO classifies patent data into various technology areas, such as electrical engineering, mechanical engineering, and ICT, using the World Intellectual Property Organization (WIPO) classification system.

5. What metrics are used to measure patent scope?

   • Metrics such as independent claim length and independent claim count are used to measure patent scope and have explanatory power for several correlates of patent scope.

Sources

1. National Science Foundation. Invention: U.S. and Comparative Global Trends. January 15, 2020.
2. United States Court of Appeals for the Federal Circuit. ALLERGAN USA, INC. v. MSN LABORATORIES PRIVATE LTD. August 13, 2024.
3. Social Science Research Network. Patent Claims and Patent Scope. September 29, 2016.
4. USA.gov. U.S. Patent and Trademark Office (USPTO).
5. Rimon Law. The Importance of Getting the Claim Scope Right in a US Patent Application. October 4, 2021.

Drugs Protected by US Patent 11,013,762

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Vifor Fresenius	VELPHORO	ferric oxyhydroxide	TABLET, CHEWABLE;ORAL	205109-001	Nov 27, 2013		RX	Yes	Yes					Y

Foreign Priority and PCT Information for Patent: 11,013,762

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
	07120837	Nov 16, 2007

International Family Members for US Patent 11,013,762

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Argentina	069312
Australia	2008322963
Brazil	PI0820308
Canada	2700444
China	101861146