United States Patent 8,618,135: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,618,135, assigned to Novelion Therapeutics Inc., is a significant patent in the pharmaceutical sector, particularly for the treatment of rare diseases. This patent pertains to the dosage regimen of lomitapide, a drug used to treat homozygous familial hypercholesterolemia (HoFH), a rare genetic disorder.
Background on Lomitapide
Lomitapide is a microsomal triglyceride transfer protein (MTP) inhibitor that reduces the production of very-low-density lipoprotein (VLDL) and thereby lowers cholesterol levels. The drug is crucial for patients with HoFH who do not respond adequately to other treatments.
Patent Overview
Patent Number and Title
- Patent Number: 8,618,135
- Title: Methods of treating hypercholesterolemia
Assignee
- Novelion Therapeutics Inc.
Issue Date
Claims and Scope
The patent 8,618,135 includes several claims that define the scope of the invention. Here are some key aspects:
Independent Claims
- The patent includes claims related to methods of treating hypercholesterolemia, specifically through the administration of lomitapide in a step-wise titration regimen. This regimen is designed to manage the side effects of the drug while maintaining its efficacy[2].
Dependent Claims
- Dependent claims further specify the dosage amounts, administration schedules, and patient populations. These claims provide detailed guidance on how to implement the step-wise titration regimen effectively[2].
Patent Landscape
Exclusivity Period
- The patent provides exclusivity for the dosage regimen of lomitapide until March 2025. This period is critical for Novelion Therapeutics to maintain market exclusivity and protect its intellectual property[2].
Related Patents
- The patent is part of a broader intellectual property portfolio for lomitapide, which includes other patents such as U.S. 7,932,268. These patents collectively extend the exclusivity period for the drug and its dosage regimen until August 2027[2].
Inter Partes Review (IPR)
The patent 8,618,135 has undergone an Inter Partes Review (IPR) by the U.S. Patent Trial and Appeal Board (PTAB). This review was initiated by challenges to the patent's validity, but the PTAB ultimately affirmed the patentability of all claims, supporting Novelion Therapeutics' argument that the step-wise titration of lomitapide was not obvious[2].
Industry Impact
Market Protection
- The affirmation of this patent by the PTAB ensures that Novelion Therapeutics maintains a strong intellectual property position in the market, protecting its investment in the development of lomitapide and its dosage regimen[2].
Competitive Advantage
- This patent provides a competitive advantage by preventing other companies from using the same dosage regimen, thereby safeguarding Novelion Therapeutics' market share for the treatment of HoFH[2].
Technological and Medical Significance
Treatment of Rare Diseases
- The patent highlights the importance of innovative treatments for rare diseases. Lomitapide and its specific dosage regimen offer a critical therapeutic option for patients with HoFH, a condition that is difficult to manage with conventional treatments[2].
Pharmaceutical Innovation
- The development and patenting of such specific dosage regimens encourage pharmaceutical innovation, as companies are incentivized to invest in research and development knowing that their intellectual property will be protected[1].
Global Patent Trends
International Patent Classification
- Patents like 8,618,135 are classified under specific technological fields, such as those defined by the World Intellectual Property Organization (WIPO). This classification helps in analyzing global trends in patenting, particularly in the pharmaceutical sector[1].
Global Dossier
- Tools like the Global Dossier facilitate the management of related patent applications across different jurisdictions, ensuring that intellectual property rights are consistently protected worldwide[4].
Search and Analysis Tools
USPTO Resources
- The U.S. Patent and Trademark Office (USPTO) provides various resources, such as the Patent Public Search tool and the Patent Examination Data System (PEDS), which can be used to search and analyze patents like 8,618,135[4].
Patent Claims Research Dataset
- The USPTO's Patent Claims Research Dataset offers detailed information on claims from U.S. patents, which can be used to analyze the scope and claims of patents like 8,618,135[3].
Conclusion
United States Patent 8,618,135 is a pivotal patent in the pharmaceutical industry, particularly for the treatment of rare diseases like HoFH. The patent's claims and scope define a specific dosage regimen for lomitapide, which has been upheld by the PTAB. This patent exemplifies the importance of intellectual property protection in driving innovation and ensuring market exclusivity.
Key Takeaways
- Patent Protection: The patent provides exclusivity for the dosage regimen of lomitapide until March 2025.
- IPR Affirmation: The PTAB affirmed the patentability of all claims, supporting Novelion Therapeutics' intellectual property position.
- Market Impact: The patent protects Novelion Therapeutics' market share and encourages pharmaceutical innovation.
- Global Trends: The patent is part of broader global trends in pharmaceutical patenting, classified under specific technological fields.
- Search and Analysis: Various USPTO resources are available for searching and analyzing patents like 8,618,135.
FAQs
What is the primary focus of United States Patent 8,618,135?
The primary focus of this patent is the dosage regimen of lomitapide for treating hypercholesterolemia, specifically homozygous familial hypercholesterolemia (HoFH).
Who is the assignee of this patent?
The assignee of this patent is Novelion Therapeutics Inc.
What is the exclusivity period for this patent?
The patent provides exclusivity until March 2025.
What was the outcome of the Inter Partes Review (IPR) for this patent?
The PTAB affirmed the patentability of all claims, supporting Novelion Therapeutics' argument that the step-wise titration of lomitapide was not obvious.
How does this patent impact the pharmaceutical industry?
This patent protects Novelion Therapeutics' market share and encourages pharmaceutical innovation by safeguarding the company's investment in the development of lomitapide and its dosage regimen.
Cited Sources:
- National Science Foundation. Invention: U.S. and Comparative Global Trends. January 15, 2020.
- GlobeNewswire. U.S. Patent Trial and Appeal Board Affirms Lomitapide Patents with Favorable IPR Decisions. March 7, 2017.
- United States Patent and Trademark Office. Patent Claims Research Dataset. August 28, 2017.
- United States Patent and Trademark Office. Search for patents - USPTO. October 18, 2018.