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Last Updated: December 27, 2024

Details for Patent: 11,311,515


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Which drugs does patent 11,311,515 protect, and when does it expire?

Patent 11,311,515 protects UPNEEQ and is included in one NDA.

This patent has twenty-three patent family members in sixteen countries.

Summary for Patent: 11,311,515
Title:Oxymetazoline compositions
Abstract: The present disclosure is directed to compositions comprising oxymetazoline and methods of stabilizing oxymetazoline compositions for long term storage.
Inventor(s): Devries; Tina (Bridgewater, NJ), Jacobs; David (Bernardsville, NJ)
Assignee: RVL Pharmaceuticals, Inc. (Bridgewater, NJ)
Application Number:17/461,052
Patent Claim Types:
see list of patent claims
Formulation; Compound;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 11,311,515

Introduction

United States Patent 11,311,515 is a significant patent that covers compositions and methods related to oxymetazoline, a common ingredient in nasal decongestants and other pharmaceutical products. This article provides a detailed analysis of the patent's scope, claims, and the broader patent landscape it operates within.

Overview of the Patent

The patent, titled "Compositions comprising oxymetazoline and methods of stabilizing oxymetazoline," focuses on innovative formulations and stabilization methods for oxymetazoline. This is crucial because oxymetazoline, while effective, can be unstable in certain formulations, leading to reduced efficacy or safety issues.

Claims Analysis

Independent Claims

The patent includes several independent claims that define the scope of the invention. These claims are critical as they outline the novel aspects of the compositions and methods.

  • Claim 1: This claim typically sets the broadest scope of the invention, often describing the composition or method in general terms. For example, it might claim a composition comprising oxymetazoline and a stabilizing agent.
  • Claim 2: This claim usually narrows down the scope by adding specific limitations or additional elements. For instance, it might specify the type of stabilizing agent or the method of stabilization.

Dependent Claims

Dependent claims build upon the independent claims by adding further limitations or details. These claims help to provide a clearer picture of the invention and can offer additional protection by covering various aspects of the composition or method.

  • Dependent Claim Examples: These might include claims that specify the concentration of oxymetazoline, the type of formulation (e.g., nasal spray, drops), or the method of application.

Subject Matter Eligibility

Given the recent updates in patent law, particularly the 2024 USPTO guidance on AI and software-related inventions, it is essential to ensure that the claims of Patent 11,311,515 meet the subject matter eligibility criteria.

  • Practical Applications: The claims must integrate abstract ideas into practical applications. For example, if a claim involves a method of stabilizing oxymetazoline, it must specify how this stabilization improves the formulation in a tangible way, such as enhancing shelf life or efficacy[1].

Patent Scope Metrics

The scope of a patent can be measured using various metrics, including independent claim length and independent claim count. These metrics can provide insights into the breadth and clarity of the patent claims.

  • Independent Claim Length: Shorter independent claims are often associated with narrower and more focused inventions, which can be beneficial in terms of clarity and enforceability[5].
  • Independent Claim Count: A lower number of independent claims can indicate a more focused invention, reducing the complexity and potential for litigation[5].

Economic and Legal Implications

The patent landscape for pharmaceuticals, especially for well-known ingredients like oxymetazoline, is highly competitive and regulated.

  • Market Impact: Holding a patent for stabilized oxymetazoline compositions can provide a significant market advantage, allowing the patent holder to control the production and distribution of these formulations.
  • Litigation and Licensing: The clarity and scope of the patent claims can influence the likelihood of litigation and the terms of licensing agreements. Narrower, well-defined claims can reduce the risk of patent disputes and make licensing more straightforward[5].

Recent Case Law and Guidance

The 2024 USPTO guidance update emphasizes the importance of integrating judicial exceptions into practical applications. This is particularly relevant for patents involving chemical compositions and methods.

  • AI-Assisted Inventions: Although the patent in question does not explicitly involve AI, the guidance clarifies that the method of invention development, including AI, does not impact subject matter eligibility. This ensures that inventions developed with AI tools are evaluated on equal footing with other technologies[1].

Practical Applications in the Field

The practical applications of the claimed compositions and methods are crucial for demonstrating patent eligibility.

  • Example: If the patent claims a method of stabilizing oxymetazoline using a specific stabilizing agent, it must show how this method improves the formulation in a real-world application, such as enhancing the stability of the product during storage or use[1].

Conclusion

United States Patent 11,311,515 represents a significant innovation in the field of pharmaceutical formulations, particularly for oxymetazoline. Understanding the scope and claims of this patent is essential for navigating the competitive landscape of pharmaceutical patents.

Key Takeaways

  • Claims Analysis: Independent and dependent claims define the scope of the invention.
  • Subject Matter Eligibility: Claims must integrate abstract ideas into practical applications.
  • Patent Scope Metrics: Independent claim length and count can measure the breadth and clarity of the patent.
  • Economic and Legal Implications: Clear and focused claims can reduce litigation risk and enhance market position.
  • Recent Case Law and Guidance: Integration of judicial exceptions into practical applications is crucial for patent eligibility.

FAQs

Q: What is the main focus of United States Patent 11,311,515? A: The patent focuses on compositions and methods for stabilizing oxymetazoline, a common ingredient in nasal decongestants.

Q: How do independent and dependent claims differ in a patent? A: Independent claims set the broadest scope of the invention, while dependent claims narrow down the scope by adding specific limitations or additional elements.

Q: What metrics can be used to measure the scope of a patent? A: Metrics such as independent claim length and independent claim count can provide insights into the breadth and clarity of the patent claims.

Q: How does the 2024 USPTO guidance update impact patent eligibility for AI-related inventions? A: The update clarifies that the method of invention development, including the use of AI, does not impact subject matter eligibility, ensuring AI-assisted inventions are evaluated equally with other technologies.

Q: Why is it important to integrate judicial exceptions into practical applications in patent claims? A: Integrating judicial exceptions into practical applications is essential for demonstrating patent eligibility, as it shows how the abstract idea is transformed into a tangible, beneficial invention.

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Drugs Protected by US Patent 11,311,515

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Rvl Pharms UPNEEQ oxymetazoline hydrochloride SOLUTION/DROPS;OPHTHALMIC 212520-001 Jul 8, 2020 RX Yes Yes ⤷  Subscribe ⤷  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

International Family Members for US Patent 11,311,515

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2020268329 ⤷  Subscribe
Brazil 112021022404 ⤷  Subscribe
Canada 3139443 ⤷  Subscribe
Chile 2021002918 ⤷  Subscribe
China 111888326 ⤷  Subscribe
China 117045596 ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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