Details for Patent: 9,120,727

Which drugs does patent 9,120,727 protect, and when does it expire?

Patent 9,120,727 protects XENLETA and is included in one NDA.

This patent has forty-three patent family members in twenty-eight countries.

Summary for Patent: 9,120,727

Title:	Process for the preparation of pleuromutilins
Abstract:	Process for the preparation of a compound of formula I ##STR00001## in the form of a single stereoisomer in crystalline form, comprising deprotecting the amine group in a compound of formula IIa ##STR00002## or in a mixture of a compound of formula IIa with a compound of formula IIb ##STR00003## and isolating a compound of formula I from the reaction mixture; compounds and salts of compounds of formula I in crystalline form; pharmaceutical compositions comprising such salts; processes for the preparation of intermediates and intermediates in a process for the preparation of a compound of formula I.
Inventor(s):	Riedl; Rosemarie (Vienna, AT), Heilmayer; Werner (Zillingtal, AT), Spence; Lee (Vienna, AT)
Assignee:	NABRIVA THERAPEUTICS AG (Vienna, AT)
Application Number:	13/699,589
Patent Claim Types: see list of patent claims	Composition; Compound; Process;

Understanding the Scope and Claims of United States Patent 9,120,727

Introduction

United States Patent 9,120,727, titled "Process for the preparation of pleuromutilins," is a utility patent that protects a specific method for preparing pleuromutilins, a class of antibiotics. To fully comprehend the patent's implications, it is crucial to analyze its scope, claims, and the broader patent landscape.

Patent Overview

The patent in question, US 9,120,727, describes a process for the preparation of pleuromutilins. Pleuromutilins are a group of antibiotics that have been used to treat various bacterial infections. The patent details the chemical steps and conditions necessary for the synthesis of these compounds.

Types of Patents

Before diving into the specifics of US 9,120,727, it is important to understand the types of patents. In the United States, there are three main types: utility, design, and plant patents. US 9,120,727 falls under the category of utility patents, which cover processes, machines, manufactures, compositions of matter, or improvements thereof[5].

Patent Claims

Importance of Claims

Patent claims are the most critical part of a patent application as they define the scope of the patent protection. Claims must be clear, concise, and distinct to inform those skilled in the art about the scope of the invention with reasonable certainty[1].

Claims in US 9,120,727

The claims in US 9,120,727 specifically outline the steps and conditions for preparing pleuromutilins. These claims include detailed descriptions of the chemical reactions, reagents, and conditions required for the synthesis. For example, the claims might specify the particular starting materials, catalysts, and reaction conditions that are essential for the process.

Scope of the Patent

Claim Construction

The scope of the patent is determined by the construction of the claims. Claims are viewed in the context of the specification and the prosecution history to ensure they provide reasonable certainty in defining what is patented. This is in line with the requirements of 35 U.S.C. § 112, which mandates that claims must be clear and distinct[1].

Scope Concepts

In analyzing the scope of US 9,120,727, it is helpful to categorize the claims by overarching scope concepts. This approach, similar to that used in patent analytics, helps in filtering, searching, and accurately analyzing the claims. Scope concepts can include the specific chemical reactions, the role of catalysts, and the conditions under which the reactions occur[3].

Patent Specification

Written Description

The specification of the patent must describe the invention in full, clear, concise, and exact terms. This includes a written description of the manner and process of making and using the invention, as well as the best mode contemplated by the inventor for carrying out the invention. For US 9,120,727, the specification would include detailed descriptions of the chemical synthesis process, including any necessary drawings or flowcharts[1][5].

Figures and Drawings

The patent specification often includes figures and drawings that illustrate the process. For example, flowcharts or diagrams showing the sequence of chemical reactions and the conditions under which they occur would be included. These visual aids help in understanding the complexity of the process and ensure that the claims are supported by the specification[1].

Prosecution History

The prosecution history of a patent, which includes the interactions between the patent applicant and the patent office during the application process, is crucial in understanding the scope of the claims. This history can provide context for any amendments or clarifications made to the claims and can be used to interpret the meaning of the claims in case of disputes[1].

Patent Landscape

Competing Patents

To understand the position of US 9,120,727 within the broader patent landscape, it is necessary to identify competing patents in the field of antibiotic synthesis. This involves conducting a thorough search of prior art and existing patents to determine where US 9,120,727 fits in terms of novelty and non-obviousness[5].

Patent Analytics

Using patent analytics tools, such as those described by Schwegman, can help in categorizing and analyzing large numbers of patent claims. This approach involves creating a Claim Coverage Matrix to identify which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist[3].

Claim Charts and Coverage

Claim charts are a useful tool for reviewing patent coverage. These charts can be generated using software like ClaimScape® and help technical experts determine whether a particular scope concept is applicable to a target product or method. This method is quick and accurate, enabling the identification of gaps in current coverage and highlighting future design opportunities[3].

Economic and Strategic Implications

Value of Patent Claims

The value of patent claims, such as those in US 9,120,727, can be categorized as high, medium, or low based on their current and potential future value to the company. High-value claims are those that are crucial to the company's current products or processes, while medium-value claims indicate potential future directions. Low-value claims may not be worth maintaining[3].

Market Domination

For a company to achieve market domination, it is essential to have a robust patent portfolio that covers key technologies and processes. Analyzing the scope and claims of patents like US 9,120,727 helps in identifying areas where the company has strong protection and where there may be gaps that need to be addressed.

Key Takeaways

• Clear and Distinct Claims: Patent claims must be clear, concise, and distinct to define the scope of the patent protection.
• Specification and Prosecution History: The specification and prosecution history are crucial in understanding the scope of the claims.
• Patent Analytics: Using patent analytics tools helps in categorizing and analyzing large numbers of patent claims.
• Claim Charts: Claim charts are useful for reviewing patent coverage and identifying gaps or opportunities.
• Economic and Strategic Value: The value of patent claims can be categorized based on their current and potential future value to the company.

FAQs

Q1: What is the main purpose of patent claims in a utility patent?

• The main purpose of patent claims is to define the scope of the patent protection and inform those skilled in the art about the scope of the invention with reasonable certainty.

Q2: How are patent claims viewed in the context of the patent specification?

• Patent claims are viewed in the context of the specification and the prosecution history to ensure they provide reasonable certainty in defining what is patented.

Q3: What tools can be used to analyze and categorize large numbers of patent claims?

• Tools such as Claim Coverage Matrix and ClaimScape® software can be used to analyze and categorize large numbers of patent claims.

Q4: Why is the prosecution history important in understanding patent claims?

• The prosecution history provides context for any amendments or clarifications made to the claims and can be used to interpret the meaning of the claims in case of disputes.

Q5: How can companies use patent analytics to achieve market domination?

• Companies can use patent analytics to identify which patents and claims are actively protecting their intellectual property, spot gaps in coverage, and highlight future design opportunities.

Sources

1. UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, "NATURE SIMULATION SYSTEMS INC. v. AUTODESK, INC."
2. USPTO, "Patent Claims Research Dataset"
3. Schwegman, "Patent Analytics"
4. Google Patents, "US9120727B2 - Process for the preparation of pleuromutilins"
5. USPTO, "Applying for Patents"

Drugs Protected by US Patent 9,120,727

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Nabriva	XENLETA	lefamulin acetate	TABLET;ORAL	211672-001	Aug 19, 2019		RX	Yes	Yes	9,120,727		Y	Y

Foreign Priority and PCT Information for Patent: 9,120,727

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
	10450092	May 26, 2010

PCT Information
PCT Filed	May 23, 2011	PCT Application Number:	PCT/AT2011/000237
PCT Publication Date:	December 01, 2011	PCT Publication Number:	WO2011/146954

International Family Members for US Patent 9,120,727

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2011257938
Brazil	112012029982
Canada	2799029
China	103080083
China	105111117