Details for Patent: 11,504,370

Which drugs does patent 11,504,370 protect, and when does it expire?

Patent 11,504,370 protects TUKYSA and is included in one NDA.

This patent has sixty-five patent family members in thirty countries.

Summary for Patent: 11,504,370

Title:	Treatment of brain cancer
Abstract:	Compounds for the treatment of brain cancer are provided herein. Pharmaceutical compositions comprised of those compounds for the treatment of brain cancer are also provided herein.
Inventor(s):	Patrice A. Lee, Shannon L. Winski, Kevin Koch
Assignee:	Array Biopharma Inc
Application Number:	US16/402,068
Patent Claim Types: see list of patent claims

Understanding the Scope and Claims of United States Patent 11,504,370

Introduction

United States Patent 11,504,370, titled "Treatment of Brain Cancer," is a significant patent in the medical field, particularly in the area of oncology. This patent describes compounds and pharmaceutical compositions designed for the treatment of brain cancer. Here, we will delve into the details of the patent's scope, claims, and the broader patent landscape.

Patent Overview

The patent, assigned to a specific entity (though not specified in the provided sources), focuses on novel compounds and their use in treating brain cancer. Here are some key aspects:

Publication Details

• Publication Number: US11,504,370B2
• Filing Date: Derived from the application number US16/402,068
• Legal Status: Active, as indicated by the patent database[4].

Scope of the Patent

The scope of the patent is defined by its claims, which outline the specific inventions and their applications.

Claims

The patent includes multiple claims that describe the compounds, their structures, and their use in pharmaceutical compositions for treating brain cancer. Here are some types of claims you might find:

• Independent Claims: These define the broadest scope of the invention. For example, Claim 1 might describe a specific compound or a class of compounds.
• Dependent Claims: These narrow down the scope by adding additional limitations to the independent claims. For instance, a dependent claim might specify a particular method of synthesis or a specific dosage form.
• Method Claims: These claims describe the methods of using the compounds for treating brain cancer, including administration routes and dosages.

Detailed Analysis of Claims

Compound Claims

The patent likely includes claims that describe the chemical structure of the compounds. These claims are crucial as they define the novel aspects of the invention. For example:

• "A compound of the formula [specific chemical structure], wherein [specific variables or substituents]."

Pharmaceutical Composition Claims

These claims outline the formulations that include the compounds, such as tablets, capsules, or injectable solutions. For instance:

• "A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier."

Method of Treatment Claims

These claims specify how the compounds are used to treat brain cancer. This could include:

• "A method of treating brain cancer in a patient, comprising administering the pharmaceutical composition of claim 3."

Patent Landscape

Technology Field

The patent falls under the "Drugs and Medical" technology field, one of the broad categories used by the USPTO to classify patents. This field is highly competitive and dynamic, with numerous patents being filed and granted annually[1].

Continuation Procedures

In the context of patent prosecution, continuation procedures can significantly impact the patent landscape. For instance, if the original application (progenitor) is not granted, the applicant might file a Request for Continued Examination (RCE) or other continuation procedures to pursue additional claims or modifications. This can lead to a chain of related patents, complicating the landscape[1].

Inventorship and Ownership

Correctly determining inventorship is crucial for the validity and enforceability of a patent. The true and only inventors must be listed on the patent application, as incorrect or incomplete identification can lead to legal challenges[2].

Economic and Statistical Context

Patent Allowance Rates

The probability of receiving a patent can vary based on several factors, including the technology field and the entity size of the applicant. For example, the allowance rate for utility patents in the "Drugs and Medical" field might be different from other fields. Generally, the overall allowance rate for utility patents can range widely, with first-action allowance rates being significantly lower than family allowance rates[1].

Patent Claims and Scope

The Patent Claims Research Dataset by the USPTO provides insights into claim-level statistics and document-level statistics, which can help in understanding the scope and complexity of patents in the medical field. This dataset can be used to analyze trends and measurements of patent scope, which is essential for navigating the patent landscape[3].

Key Takeaways

• Patent Scope: The patent's scope is defined by its claims, which include compound structures, pharmaceutical compositions, and methods of treatment.
• Technology Field: The patent falls under the "Drugs and Medical" technology field, a highly competitive and dynamic area.
• Continuation Procedures: These can impact the patent landscape by allowing for additional claims or modifications through RCEs or other procedures.
• Inventorship: Correct identification of inventors is crucial for the patent's validity and enforceability.
• Economic Context: Understanding patent allowance rates and claim statistics can provide valuable insights into the broader patent landscape.

FAQs

1. What is the main subject of United States Patent 11,504,370?

   • The main subject is the treatment of brain cancer using specific compounds and pharmaceutical compositions.

2. How are the claims structured in this patent?

   • The claims include independent claims defining the broad scope, dependent claims narrowing down the scope, and method claims describing the use of the compounds.

3. Why is correct inventorship important for this patent?

   • Correct inventorship is essential for the patent's validity and enforceability, as incorrect identification can lead to legal challenges.

4. What is the significance of continuation procedures in patent prosecution?

   • Continuation procedures allow applicants to pursue additional claims or modifications, which can lead to a chain of related patents and complicate the patent landscape.

5. How can the Patent Claims Research Dataset help in understanding this patent?

   • The dataset provides detailed information on claim-level statistics and document-level statistics, helping to analyze trends and measurements of patent scope.

Sources

1. Carley, M., & Hegde, D. (n.d.). What Is the Probability of Receiving a US Patent?. Retrieved from https://yjolt.org/sites/default/files/carley_hegde_marco-what_is_the_probability_of_receiving_a_us_patent_0.pdf
2. Gattari, D. (n.d.). Determining Inventorship for US Patent Applications. Retrieved from https://agsci.oregonstate.edu/sites/agsci/files/main/research/vrc_release_inventorship-gattari.pdf
3. USPTO. (2017, August 28). Patent Claims Research Dataset. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
4. Google Patents. (n.d.). US11504370B2 - Treatment of brain cancer. Retrieved from https://patents.google.com/patent/US11504370B2/en

Drugs Protected by US Patent 11,504,370

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Seagen	TUKYSA	tucatinib	TABLET;ORAL	213411-001	Apr 17, 2020		RX	Yes	No	11,504,370					TREATMENT OF BREAST CANCER INCLUDING HER2 (ERBB2)-POSITIVE OR -OVEREXPRESSING BREAST CANCER
Seagen	TUKYSA	tucatinib	TABLET;ORAL	213411-002	Apr 17, 2020		RX	Yes	Yes	11,504,370					TREATMENT OF BREAST CANCER INCLUDING HER2 (ERBB2)-POSITIVE OR -OVEREXPRESSING BREAST CANCER

International Family Members for US Patent 11,504,370

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2013234921
Australia	2017272232
Australia	2019203618