Details for Patent: 8,940,786

Which drugs does patent 8,940,786 protect, and when does it expire?

Patent 8,940,786 protects DOCETAXEL and is included in one NDA.

This patent has twenty-six patent family members in twenty-one countries.

Summary for Patent: 8,940,786

Title:	Non-aqueous taxane nanodispersion formulations and methods of using the same
Abstract:	Non-aqueous, ethanol-free taxane nanodispersion formulations are provided. Nanodispersion formulations of embodiments of the invention include a taxane, an oil, a non-ionic surfactant, a non-aqueous solvent, and an organic acid component, wherein the organic acid component is soluble in the non-aqueous solvent and the amount by weight of non-ionic surfactant is equal to or greater than the amount by weight of non-aqueous solvent. Also provided are methods of using the nanodispersion formulations, as well as kits that include the nanodispersion formulations. Non-aqueous, ethanol-free docetaxel nanodispersion formulations are provided. Nanodispersion formulations of embodiments of the invention include docetaxel, an oil, a non-ionic surfactant, a non-aqueous solvent, and an organic acid which is soluble in the non-aqueous solvent and is substantially free of any conjugate base. Also provided are methods of using the nanodispersion formulations, as well as kits that include the nanodispersion formulations.
Inventor(s):	Nabeta; Kiichiro (Tokyo, JP)
Assignee:	Teikoku Pharma USA, Inc. (San Jose, CA)
Application Number:	14/041,675
Patent Claim Types: see list of patent claims	Formulation; Compound; Use; Device;

Analyzing the Scope and Claims of United States Patent 8,940,786

Introduction

When analyzing a patent, understanding its scope and claims is crucial for determining its validity, enforceability, and potential impact on the market. This article will delve into the details of United States Patent 8,940,786, exploring its claims, scope, and the broader patent landscape.

Understanding Patent Claims

Patent claims are the heart of a patent, defining the scope of the invention and what is protected by the patent. The claims must be clear, concise, and supported by the patent's description and drawings[3].

Patent 8,940,786 Overview

To analyze the scope and claims of United States Patent 8,940,786, one must first identify the patent's title, inventors, and the date it was granted. Here is a general outline of what such a patent might entail:

Title and Inventors

• Title: The title provides a brief description of the invention.
• Inventors: The inventors listed are those who conceived the idea and reduced it to practice. Correct inventorship is critical, as errors can lead to the patent being unenforceable[5].

Grant Date

• The date the patent was granted is important for understanding its validity period and any maintenance fees required.

Analyzing the Claims

Independent and Dependent Claims

• Independent Claims: These claims stand alone and define the invention without reference to other claims. They are typically broader and more significant.
• Dependent Claims: These claims refer back to and further limit the independent claims, often adding specific details or features[3].

Claim Language and Scope

• The language used in the claims is crucial. Independent claim length and count can be metrics for measuring patent scope. Broader claims may face more scrutiny during the examination process, while narrower claims may have a higher probability of grant and a shorter examination process[3].

Patent Scope and Its Implications

Metrics for Measuring Scope

• Independent Claim Length and Count: These metrics can help in assessing the breadth of the patent. Longer independent claims or a higher number of claims can indicate a broader scope, but may also increase the risk of patent invalidation or litigation[3].

Patent Maintenance Payments and Forward Citations

• Patent Maintenance Payments: The cost of maintaining a patent can be an indicator of its scope. Broader patents may require more maintenance payments.
• Forward Citations: The number of forward citations (citations by later patents) can indicate the novelty and impact of the patent. Patents with more forward citations are often seen as more influential and broader in scope[3].

The Patent Landscape

Global and National Patent Databases

• To understand the broader patent landscape, one must search through global and national patent databases. Tools like the USPTO's Patent Public Search, PATENTSCOPE, and the Cooperative Patent Classification (CPC) database are invaluable for this purpose[1][4].

Related Applications and Prior Art

• Global Dossier: This service provides access to the file histories of related applications from participating IP Offices, helping to identify the patent family and prior art[4].
• Common Citation Document (CCD): This tool consolidates prior art cited by multiple offices, facilitating a comprehensive view of the invention's global patent landscape[4].

Conducting a Preliminary Patent Search

To analyze the scope and claims of a patent like 8,940,786, one should conduct a thorough preliminary search:

Using USPTO Resources

• Patent Public Search: This tool offers enhanced access to prior art and is essential for searching existing patents and published patent applications[4].
• Patent and Trademark Resource Centers (PTRCs): These centers provide local search resources and training in patent search techniques[4].

International Searches

• PATENTSCOPE: This database provides access to international Patent Cooperation Treaty (PCT) applications and patent documents from national and regional patent offices[1].

Determining Inventorship

Correct inventorship is vital for the validity of a patent. The process involves identifying those who conceived the idea and reduced it to practice. Errors in inventorship can lead to the patent being unenforceable[5].

Legal and Practical Implications

Enforceability and Litigation

• A patent's scope and claims directly impact its enforceability. Broader claims may face more legal challenges, while narrower claims may be more defensible[3].
• Deceptive Intent: Any deceptive intent in naming inventors can render the patent unenforceable, even if the correct inventorship is later established[5].

Market Impact

• The scope of a patent can influence market competition. Broader patents may limit innovation in related fields, while narrower patents may allow for more competition and innovation[3].

Key Takeaways

• Clear Claims: The clarity and specificity of patent claims are crucial for defining the scope of the invention.
• Scope Metrics: Independent claim length and count can be used to measure patent scope.
• Global Searches: Utilizing global and national patent databases is essential for understanding the broader patent landscape.
• Inventorship: Correct determination of inventorship is vital for the patent's validity and enforceability.
• Market Impact: The scope of a patent can significantly influence market competition and innovation.

FAQs

Q: What are the key components of a patent claim? A: The key components include independent and dependent claims, with independent claims defining the invention broadly and dependent claims adding specific details.

Q: How can the scope of a patent be measured? A: Metrics such as independent claim length and count can be used to measure the scope of a patent.

Q: Why is correct inventorship important? A: Correct inventorship is crucial for the validity and enforceability of a patent. Errors can lead to the patent being unenforceable.

Q: What tools are available for conducting a preliminary patent search? A: Tools include the USPTO's Patent Public Search, PATENTSCOPE, and the Cooperative Patent Classification (CPC) database.

Q: How does the scope of a patent affect market competition? A: Broader patents may limit innovation in related fields, while narrower patents may allow for more competition and innovation.

Sources

1. Clemson University Libraries - Advanced Patent Searching
2. USA.gov - U.S. Patent and Trademark Office
3. SSRN - Patent Claims and Patent Scope
4. USPTO - Search for Patents
5. Oregon State University - Determining Inventorship for US Patent Applications

Drugs Protected by US Patent 8,940,786

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Shilpa	DOCETAXEL	docetaxel	INJECTABLE;INJECTION	205934-001	Dec 22, 2015	AP	RX	Yes	Yes			Y			METHOD OF ADMINISTERING AN ETHANOL-FREE TAXANE LIQUID NANODISPERSION FORMULATION TO A SUBJECT COMBINING THE FORMULATION WITH AN AQUEOUS MEDIUM TO PROVIDE AN ETHANOL-FREE TAXANE DILUTED SOLUTION
Shilpa	DOCETAXEL	docetaxel	INJECTABLE;INJECTION	205934-002	Dec 22, 2015	AP	RX	Yes	Yes			Y			METHOD OF ADMINISTERING AN ETHANOL-FREE TAXANE LIQUID NANODISPERSION FORMULATION TO A SUBJECT COMBINING THE FORMULATION WITH AN AQUEOUS MEDIUM TO PROVIDE AN ETHANOL-FREE TAXANE DILUTED SOLUTION
Shilpa	DOCETAXEL	docetaxel	INJECTABLE;INJECTION	205934-003	Dec 22, 2015	AP	RX	Yes	Yes			Y			METHOD OF ADMINISTERING AN ETHANOL-FREE TAXANE LIQUID NANODISPERSION FORMULATION TO A SUBJECT COMBINING THE FORMULATION WITH AN AQUEOUS MEDIUM TO PROVIDE AN ETHANOL-FREE TAXANE DILUTED SOLUTION

International Family Members for US Patent 8,940,786

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Argentina	092759
Australia	2013327563
Brazil	112015006692
Canada	2885930
China	104822262
China	108464969
European Patent Office	2903435