Understanding the Scope and Claims of United States Patent 11,497,753
Introduction to Patent 11,497,753
United States Patent 11,497,753 is part of the broader patent portfolio of Assertio Holdings, Inc., a company involved in the development and commercialization of pharmaceutical products. To analyze this patent, it is crucial to delve into its specific claims, the scope of protection it offers, and its position within the larger patent landscape.
Patent Overview
Patent Title and Description
The patent in question, 11,497,753, is associated with Assertio Holdings, Inc., and is part of the intellectual property protecting their pharmaceutical products. While the specific title and detailed description of this patent are not provided in the sources, it is known to be related to the company's ongoing efforts in drug development and commercialization.
Patent Expiration Date
This patent is set to expire on March 19, 2030, which is consistent with other patents held by Assertio Holdings, Inc., that protect various aspects of their pharmaceutical products[1].
Scope of Protection
Claims and Coverage
The scope of a patent is defined by its claims, which outline the specific inventions or innovations that are protected. For patent 11,497,753, the claims would likely cover aspects such as the composition of matter, method of manufacture, method of treatment, dosing, and formulation related to the pharmaceutical product it protects. The breadth and clarity of these claims are critical in determining the patent's ability to prevent competitors from marketing similar products[3].
Patent Scope Metrics
Metrics such as independent claim length and independent claim count can be used to measure the scope of a patent. These metrics help in assessing the breadth and clarity of the patent claims, which are essential for evaluating the patent's quality and its potential impact on innovation and competition[3].
Position in the Patent Landscape
Family Patents
Patent 11,497,753 is part of a larger family of patents held by Assertio Holdings, Inc. This family includes patents covering various aspects of their pharmaceutical products, such as Sympazan, Otrexup, SPRIX, CAMBIA, and Zipsor. Understanding the full scope of these family patents is crucial for strategizing market entry and identifying potential generic entry points[1].
Generic Entry Points
The expiration dates of these patents and any settlement agreements with generic manufacturers are key factors in determining when generic versions of the protected products can enter the market. For example, generic versions of CAMBIA and Zipsor have already begun marketing due to settlement agreements[1].
Legal and Regulatory Considerations
Intellectual Property Protection
Assertio Holdings, Inc.'s success depends significantly on their ability to obtain and maintain intellectual property protection for their products. This includes filing patent applications in the U.S. and foreign jurisdictions to cover various aspects of their technology. However, the company also faces challenges such as the potential invalidation or circumvention of their patents, which could limit their competitive advantages[1].
Regulatory Compliance
Compliance with legal and regulatory requirements related to the development and promotion of pharmaceutical products is another critical aspect. The company must navigate these regulations to ensure that their products remain protected and that they do not infringe on the intellectual property rights of others[1].
Impact on Business Operations
Cash Flow and Indebtedness
The ability to generate sufficient cash flow from their business operations is vital for Assertio Holdings, Inc., to fund ongoing research and development, make payments on their indebtedness, and potentially restructure or refinance their debt. The protection offered by patents like 11,497,753 is essential in maintaining a competitive edge and ensuring revenue streams[1].
Market Domination
Effective patent protection allows companies to dominate their market segments by preventing competitors from entering the market with similar products. This dominance can lead to higher market share and revenue, which are crucial for the long-term success of pharmaceutical companies[1].
Key Takeaways
- Patent Expiration: Patent 11,497,753 expires on March 19, 2030.
- Scope of Protection: The patent covers specific aspects of pharmaceutical products, such as composition, manufacture, and treatment methods.
- Family Patents: Part of a larger family of patents protecting various pharmaceutical products.
- Generic Entry: Generic versions can enter the market after patent expiration or through settlement agreements.
- Legal and Regulatory Compliance: Critical for maintaining intellectual property protection and avoiding infringement.
FAQs
Q: What is the expiration date of United States Patent 11,497,753?
A: The patent expires on March 19, 2030[1].
Q: What aspects of pharmaceutical products does Patent 11,497,753 protect?
A: The patent protects aspects such as composition of matter, method of manufacture, method of treatment, dosing, and formulation related to the pharmaceutical product[1].
Q: How does this patent fit into the broader patent landscape of Assertio Holdings, Inc.?
A: It is part of a larger family of patents covering various pharmaceutical products, including Sympazan, Otrexup, SPRIX, CAMBIA, and Zipsor[1].
Q: What are the implications of patent expiration for generic entry?
A: Generic versions can enter the market after the patent expires or through settlement agreements with the patent holder[1].
Q: Why is intellectual property protection crucial for pharmaceutical companies?
A: Intellectual property protection is essential for maintaining a competitive edge, ensuring revenue streams, and preventing competitors from marketing similar products[1].
Sources
- Assertio Holdings, Inc. - Annual Report on Form 10-K
- Xyosted (autoinjector) patent expiration - Pharsight
- Patent Claims and Patent Scope - Hoover Institution
- US8480631B2 - Hazardous agent injection system - Google Patents
- Generic Otrexup Availability - Drugs.com
