Details for Patent: 8,309,572

Which drugs does patent 8,309,572 protect, and when does it expire?

Patent 8,309,572 protects ANORO ELLIPTA, INCRUSE ELLIPTA, and TRELEGY ELLIPTA, and is included in three NDAs.

This patent has sixty-two patent family members in thirty-six countries.

Summary for Patent: 8,309,572

Title:	Muscarinic acetylcholine receptor antagonists
Abstract:	Muscarinic Acetylcholine Receptor Antagonists and methods of using them are provided.
Inventor(s):	Laine; Dramane I. (King of Prussia, PA), Palovich; Michael R. (King of Prussia, PA), McCleland; Brent W. (King of Prussia, PA), Neipp; Christopher E. (King of Prussia, PA), Thomas; Sonia M. (King of Prussia, PA)
Assignee:	Glaxo Group Limited (Greenford, Middlesex, GB)
Application Number:	13/401,890
Patent Claim Types: see list of patent claims	Use; Delivery;

Understanding the Scope and Claims of United States Patent 8,309,572

Introduction

Patents are crucial for protecting intellectual property and driving innovation. To fully appreciate the value and impact of a patent, it is essential to delve into its scope, claims, and the broader patent landscape. This article will provide a detailed analysis of United States Patent 8,309,572, focusing on its scope, claims, and the context within which it exists.

What is United States Patent 8,309,572?

United States Patent 8,309,572 is a patent listed in the FDA Orange Book Drug Database, indicating its relevance to pharmaceuticals or medical treatments. However, to understand its specifics, one must examine the patent's claims and scope.

Patent Scope

The scope of a patent is defined by its claims, which outline the boundaries of the invention. The scope is a critical aspect of patent quality and can significantly impact the patent's value and enforceability.

Independent Claim Length and Count

Research suggests that the scope of a patent can be measured using metrics such as independent claim length and independent claim count. Patents with narrower claims at publication tend to have a higher probability of grant and a shorter examination process compared to those with broader claims[3].

Patent Claims

The claims section of a patent is where the inventor defines what they believe is their invention. These claims must be clear, concise, and supported by the description provided in the patent.

Types of Claims

• Independent Claims: These are the broadest claims in a patent and define the invention in its most general form.
• Dependent Claims: These claims are narrower and build upon the independent claims, often adding specific details or limitations.

Claim Language

The language used in patent claims is crucial. Broader claims can lead to increased licensing and litigation costs, while narrower claims may reduce these risks but could limit the patent's protective scope[3].

Examination Process

The examination process plays a significant role in shaping the scope of a patent. During this process, the claims are often narrowed to ensure clarity and validity.

Impact on Patent Scope

Studies have shown that the examination process tends to narrow the scope of patent claims in terms of both claim length and claim count. This narrowing is more significant when the duration of the examination is longer[3].

Patent Landscape

Understanding the patent landscape involves looking at the broader context in which the patent exists, including similar patents, industry trends, and market valuations.

Market Valuation

Patents can be valued using various methods: cost, income, and market approaches. For example, the market value of a patent can be determined by what a willing buyer would pay for a similar asset. Historical data shows that patent prices can vary widely, from $18,000 to $1 million per document, depending on the industry and the specific deal[1].

Industry Trends

In the pharmaceutical industry, patents like US 8,309,572 are often highly valued due to their potential to protect lucrative drug formulations or treatment methods. The sale of large patent portfolios, such as the $4.5 billion deal for Nortel's patents, highlights the significant value placed on intellectual property in this sector[1].

Expiry and Expiration Dates

Patents have a limited lifespan, typically 20 years from the filing date. Understanding the expiry dates of patents is crucial for planning future strategies and ensuring compliance.

FDA Orange Book

For pharmaceutical patents like US 8,309,572, the FDA Orange Book provides critical information on expiry dates, helping companies navigate the complex landscape of drug patents and plan for future developments[2].

Global Dossier and International Context

The global patent system is increasingly interconnected, with tools like the Global Dossier providing access to file histories and related applications from participating IP Offices.

International Harmonization

Efforts to harmonize the global patent system, such as the Common Citation Document (CCD) application, facilitate greater integration and make it easier to manage patents across different jurisdictions[4].

Public Search and Resource Centers

Access to patent information is facilitated through various resources, including the USPTO Public Search Facility and Patent and Trademark Resource Centers (PTRCs).

Search Tools

Tools like the Electronic Official Gazette and the Publication Site for Issued and Published Sequences (PSIPS) enable detailed searches and access to patent documentation, aiding in the analysis of patent scope and claims[4].

Key Takeaways

• Patent Scope and Claims: The scope of a patent, defined by its claims, is crucial for determining its value and enforceability.
• Examination Process: The patent examination process can significantly narrow the scope of claims, impacting the patent's validity and breadth.
• Market Valuation: Patents can be highly valued, with prices varying widely based on industry and specific deals.
• Industry Trends: In industries like pharmaceuticals, patents are highly valued due to their potential to protect lucrative formulations or treatments.
• Global Context: The global patent system is increasingly interconnected, with tools facilitating greater integration and access to patent information.

FAQs

1. What is the significance of the scope of a patent? The scope of a patent, defined by its claims, determines the boundaries of the invention and impacts its value, enforceability, and potential for licensing and litigation.

2. How does the examination process affect patent claims? The examination process tends to narrow the scope of patent claims in terms of both claim length and claim count, ensuring clarity and validity.

3. What are the common methods for valuing patents? Patents can be valued using the cost, income, and market approaches. The market approach involves determining what a willing buyer would pay for a similar asset.

4. Why are patents in the pharmaceutical industry highly valued? Patents in the pharmaceutical industry are highly valued due to their potential to protect lucrative drug formulations or treatment methods, which can generate significant revenue.

5. What resources are available for searching and analyzing patents? Resources include the USPTO Public Search Facility, Patent and Trademark Resource Centers (PTRCs), the Electronic Official Gazette, and tools like the Global Dossier and PSIPS.

Sources

1. Perpetual Motion Patents - The Value of a Patent
2. PharmaCompass - US Patent 8309572
3. SSRN - Patent Claims and Patent Scope
4. USPTO - Search for Patents

Drugs Protected by US Patent 8,309,572

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Glaxosmithkline	ANORO ELLIPTA	umeclidinium bromide; vilanterol trifenatate	POWDER;INHALATION	203975-001	Dec 18, 2013		RX	Yes	Yes						INDICATED FOR THE LONG-TERM, ONCE-DAILY, MAINTENANCE TREATMENT OF AIRFLOW OBSTRUCTION IN PATIENTS WITH CHRONIC OBSTRUCTIVE PULMONARY DISEASE (COPD), INCLUDING CHRONIC BRONCHITIS AND/OR EMPHYSEMA.
Glaxo Grp England	INCRUSE ELLIPTA	umeclidinium bromide	POWDER;INHALATION	205382-001	Apr 30, 2014		RX	Yes	Yes						INDICATED FOR THE LONG-TERM, ONCE-DAILY, MAINTENANCE TREATMENT OF AIRFLOW OBSTRUCTION IN PATIENTS WITH CHRONIC OBSTRUCTIVE PULMONARY DISEASE (COPD), INCLUDING CHRONIC BRONCHITIS AND/OR EMPHYSEMA.
Glaxosmithkline	TRELEGY ELLIPTA	fluticasone furoate; umeclidinium bromide; vilanterol trifenatate	POWDER;INHALATION	209482-001	Sep 18, 2017		RX	Yes	Yes						METHOD OF INHIBITING THE BINDING OF ACETYLCHOLINE TO AN ACETYLCHOLINE RECEPTOR IN THE RESPIRATORY TRACT OF A HUMAN, COMPRISING CONTACTING THE RECEPTOR WITH AN EFFECTIVE AMOUNT OF UMECLIDINIUM, VIA TOPICAL APPLICATION
Glaxosmithkline	TRELEGY ELLIPTA	fluticasone furoate; umeclidinium bromide; vilanterol trifenatate	POWDER;INHALATION	209482-002	Sep 9, 2020		RX	Yes	Yes						METHOD OF INHIBITING THE BINDING OF ACETYLCHOLINE TO AN ACETYLCHOLINE RECEPTOR IN THE RESPIRATORY TRACT OF A HUMAN, COMPRISING CONTACTING THE RECEPTOR WITH AN EFFECTIVE AMOUNT OF UMECLIDINIUM, VIA TOPICAL APPLICATION

International Family Members for US Patent 8,309,572

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	1740177		C300694	Netherlands
European Patent Office	1740177		CA 2014 00052	Denmark
European Patent Office	1740177		PA2014038	Lithuania
European Patent Office	1740177		92565	Luxembourg
European Patent Office	1740177		1490060-9	Sweden