Details for Patent: 8,778,962

Summary for Patent: 8,778,962

Title:	Treatment of solid tumors with rapamycin derivatives
Abstract:	Rapamycin derivatives have interesting effects in the treatment of solid tumours, optionally in combination with a chemotherapeutic agent.
Inventor(s):	Lane; Heidi (Basel, CH), O'Reilly; Terence (Basel, CH), Wood; Jeanette Marjorie (Biel-Benken, CH)
Assignee:	Novartis Pharmaceuticals Corporation (East Hanover, NJ)
Application Number:	13/546,686
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 8,778,962
Patent Claim Types: see list of patent claims	Use; Dosage form; Delivery;

Understanding the Scope and Claims of United States Patent 8,778,962

Introduction

Patent 8,778,962, hereafter referred to as the '962 patent, is a significant intellectual property asset, particularly in the pharmaceutical sector. To analyze its scope and claims, we need to delve into the patent's details, its legal context, and the broader patent landscape.

Patent Overview

The '962 patent is associated with Everolimus, a drug used in various medical treatments, including cancer and immunosuppressive therapies. Here is a brief overview of the patent:

• Patent Number: 8,778,962
• Expiration Date: August 18, 2022, including any applicable extensions or exclusivities[2].
• Assignee: Novartis Pharmaceuticals Corporation

Claims of the Patent

The claims of a patent define the scope of the invention and what is protected by the patent. For the '962 patent, the claims would typically include specific formulations, methods of use, or manufacturing processes related to Everolimus.

• Claim Types: The patent likely includes a combination of independent and dependent claims. Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations[3].

Legal Context and Litigation

The '962 patent has been involved in several legal disputes, particularly in the context of generic drug approvals.

• ANDA Filings: Generic drug manufacturers, such as Par Pharmaceutical Incorporated, have filed Abbreviated New Drug Applications (ANDAs) with the FDA, which included paragraph IV certifications stating that the '962 patent, among others, is invalid, unenforceable, or will not be infringed by their manufacture, use, or sale of Everolimus tablets[2].
• Litigation: Novartis Pharmaceuticals Corporation initiated litigation against Par Pharmaceutical Incorporated for infringement of the '962 patent. However, such cases often result in settlements or court orders that delay the approval of generic versions until the patent expires or is otherwise resolved[2].

Patent Landscape

Understanding the broader patent landscape is crucial for assessing the significance and impact of the '962 patent.

Global Patent System

The '962 patent is part of a larger global patent system. Tools like the Global Dossier and Common Citation Document (CCD) help in navigating related applications and prior art across different jurisdictions[1].

• Global Dossier: This service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices, along with dossier, classification, and citation data[1].
• Common Citation Document (CCD): This application consolidates prior art cited by all participating offices for the family members of a patent application, providing a single point of access to up-to-date citation data[1].

Technology Areas and Trends

The USPTO classifies patents into various technology areas, which helps in understanding trends and focus areas in patenting.

• Electrical and Mechanical Engineering: While the '962 patent is in the pharmaceutical sector, the broader trend shows significant growth in electrical and mechanical engineering patents, which can influence cross-disciplinary innovations[4].
• Pharmaceutical Patents: Patents in the pharmaceutical sector are critical for protecting new drugs and formulations. The '962 patent fits into this category, highlighting the importance of intellectual property in the pharmaceutical industry[4].

Search and Analysis Tools

Several tools are available for searching and analyzing patents, which can provide deeper insights into the '962 patent.

• Patent Public Search: This tool offers enhanced access to prior art and is a powerful resource for conducting comprehensive patent searches[1].
• Patent Claims Research Dataset: This dataset, provided by the USPTO, contains detailed information on claims from US patents and patent applications, which can be used to analyze the scope and trends of patent claims[3].

Economic and Innovation Impact

Patents like the '962 patent play a significant role in driving innovation and economic growth.

• Invention Indicators: Patents are primary indicators of invention, providing valuable technological and geographic detail. The '962 patent, by protecting a specific formulation or method, encourages further innovation in the pharmaceutical sector[4].
• Exclusive Rights: The exclusive rights granted by the patent allow the assignee to recoup investment in research and development, thereby incentivizing further innovation[4].

Key Takeaways

• Patent Scope: The '962 patent's claims define its scope, which includes specific formulations or methods related to Everolimus.
• Legal Context: The patent has been involved in litigation related to generic drug approvals.
• Patent Landscape: It is part of a broader global patent system, with tools like Global Dossier and CCD facilitating international patent management.
• Economic Impact: Patents like the '962 patent drive innovation and economic growth by protecting intellectual property.

FAQs

1. What is the expiration date of the '962 patent?

   • The '962 patent expired on August 18, 2022, including any applicable extensions or exclusivities[2].

2. What is the significance of the '962 patent in the pharmaceutical sector?

   • The '962 patent protects specific formulations or methods related to Everolimus, a critical drug in various medical treatments, and thus plays a significant role in the pharmaceutical sector.

3. How does the '962 patent fit into the global patent system?

   • The '962 patent is part of a global patent system, with tools like Global Dossier and CCD providing access to related applications and prior art across different jurisdictions[1].

4. What tools are available for searching and analyzing patents like the '962 patent?

   • Tools such as Patent Public Search and the Patent Claims Research Dataset are available for comprehensive patent searches and analysis[1][3].

5. How do patents like the '962 patent impact innovation and economic growth?

   • Patents like the '962 patent incentivize innovation by granting exclusive rights to the assignee, allowing them to recoup investments in research and development[4].

Sources

1. USPTO - Search for patents
2. FDA - Everolimus Tablets
3. USPTO - Patent Claims Research Dataset
4. NSF - Invention: U.S. and Comparative Global Trends

Drugs Protected by US Patent 8,778,962

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate

Foreign Priority and PCT Information for Patent: 8,778,962

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
United Kingdom	0104072.4	Feb 19, 2001
United Kingdom	0124957.2	Oct 17, 2001

International Family Members for US Patent 8,778,962

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	2269603		CA 2015 00058	Denmark
European Patent Office	2269603		300769	Netherlands
European Patent Office	2269603		122015000094	Germany