Details for Patent: 9,233,184

Which drugs does patent 9,233,184 protect, and when does it expire?

Patent 9,233,184 protects SALONPAS and is included in one NDA.

This patent has twenty patent family members in sixteen countries.

Summary for Patent: 9,233,184

Title:	Adhesive preparation
Abstract:	An adhesive preparation comprising a stretchable support and an adhesive layer laminated on at least one side of the support, wherein the stretchable support comprises a interlock woven fabric subjected to crimping processing, the adhesive layer contains 10% by mass or more of methyl salicylate with respect to the total mass of the layer, the whole adhesive preparation has moisture permeability of 1 to 350 g/m.sup.224 hr measured at a temperature of 40.degree. C. and a relative humidity of 90%, and the methyl salicylate has a plasma AUC.sub.0-24 ranging from 3.0 to 60.0 nghr/mL in terms of a mean.+-.standard deviation, and salicylic acid as a metabolite of the methyl salicylate has a plasma AUC.sub.0-24 ranging from 5000 to 13000 nghr/mL in terms of a mean.+-.standard deviation, when the adhesive preparation is applied to a human skin for 8 hours such that an application amount of the adhesive layer applied is 50 to 300 g/m.sup.2 and a contact area is 280 cm.sup.2.
Inventor(s):	Tsuruda; Kiyomi (Tosu, JP), Yamasoto; Shinji (Tosu, JP), Shoho; Kouki (Tosu, JP), Nakanishi; Masaru (Tsukuba, JP)
Assignee:	HISAMITSU PHARMACEUTICAL CO., INC. (Tosu-Shi Saga, JP)
Application Number:	14/326,014
Patent Claim Types: see list of patent claims	Compound;

Understanding the Scope and Claims of United States Patent 9,233,184

Introduction to Patent 9,233,184

United States Patent 9,233,184, titled "Adhesive preparation," was granted to its inventors on January 5, 2016. This patent is a utility patent, which is the most common type of patent and is designed to protect functional inventions[1].

Overview of the Invention

The patent describes an adhesive preparation that includes a stretchable support and an adhesive layer laminated on at least one side of the support. This invention is designed to improve the adhesive properties and usability of such preparations, particularly in medical or industrial applications.

Claims of the Patent

The claims of a patent are crucial as they define the scope of the invention and what is protected under the patent. Here are some key aspects of the claims in Patent 9,233,184:

Independent Claims

• The patent includes several independent claims that outline the core components of the invention. For example, Claim 1 might describe the adhesive preparation comprising a stretchable support and an adhesive layer, specifying the materials and structure of these components[4].

Dependent Claims

• Dependent claims build upon the independent claims and provide additional details or variations of the invention. These claims might specify particular types of materials, dimensions, or methods of application that are covered under the patent[4].

Patent Scope and Protection

Subject Matter Eligibility

• To be patentable, the invention must meet the subject matter eligibility criteria under Section 101 of the U.S. Patent Act. This involves ensuring that the invention is not an abstract idea, natural phenomenon, or something that is otherwise excluded from patentability. The claims must also pass the Alice test, which involves a two-step process to determine if the invention is significantly more than an abstract idea[1].

Novelty and Non-Obviousness

• The invention must be novel and non-obvious. This means it must be new and not obvious to someone skilled in the relevant field. The patent office examines prior art to ensure these criteria are met[1].

Patent Landscape

Prior Art

• The patent landscape includes an analysis of prior art, which are existing inventions or publications that could affect the patentability of the current invention. The examiner reviews these to ensure that the claimed invention is novel and non-obvious compared to what already exists[1].

Related Patents

• The patent landscape also includes an examination of related patents in the field of adhesive preparations. This helps in understanding how the current patent fits into the broader context of existing technologies and innovations[4].

Legal Status and Enforcement

Patent Term

• The patent term for Utility Patent 9,233,184 is 20 years from the effective filing date, as per the Uruguay Round Agreements Act (URAA) which changed the patent term from 17 years from the grant date to 20 years from the filing date[5].

Enforcement

• The patent holder has the exclusive right to make, use, or sell the invention. Any unauthorized use, making, or selling of the invention would be considered infringement, and the patent holder can take legal action to enforce their rights[1].

Practical Applications and Impact

Medical and Industrial Use

• The adhesive preparation described in the patent has potential applications in both medical and industrial fields. For example, it could be used in wound care, surgical procedures, or in manufacturing processes where strong and flexible adhesives are required.

Market Competition

• The patent provides a competitive advantage to the holder by preventing others from making, using, or selling the same invention. This can be particularly significant in industries where adhesive technologies play a critical role.

Challenges and Controversies

Patent Prosecution

• The process of obtaining a patent can be complex and contentious. Applicants may face rejections or restrictions during the prosecution phase, similar to the case of Gilbert P. Hyatt, who faced significant challenges and legal battles over his patent applications[5].

Litigation

• Patent holders may need to defend their patents against infringement claims or challenges to the patent's validity. This can involve costly and time-consuming litigation.

Key Takeaways

• Patent Scope: The patent protects a specific adhesive preparation with a stretchable support and an adhesive layer.
• Claims: The claims define the core components and variations of the invention.
• Patent Term: The patent is valid for 20 years from the effective filing date.
• Enforcement: The patent holder has exclusive rights to make, use, or sell the invention.
• Applications: The invention has potential in medical and industrial fields.
• Challenges: Patent prosecution and litigation can be complex and contentious.

FAQs

1. What is the main invention described in Patent 9,233,184?

   • The main invention is an adhesive preparation comprising a stretchable support and an adhesive layer laminated on at least one side of the support.

2. How long is the patent term for Utility Patent 9,233,184?

   • The patent term is 20 years from the effective filing date.

3. What are the key components of the claims in this patent?

   • The claims include independent and dependent claims that specify the materials, structure, and variations of the adhesive preparation.

4. What is the significance of the Alice test in patent law?

   • The Alice test is a two-step process to determine if an invention is significantly more than an abstract idea, ensuring it meets subject matter eligibility criteria.

5. How does the patent impact market competition?

   • The patent provides a competitive advantage by preventing others from making, using, or selling the same invention, thereby protecting the holder's market position.

Sources

1. BitLaw - Patent Law in the United States

   • https://www.bitlaw.com/patent/index.html

2. U.S. Patent and Trademark Office (USPTO)

   • https://www.usa.gov/agencies/u-s-patent-and-trademark-office

3. Patent Claims Research Dataset - USPTO

   • https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset

4. Google Patents - US9233184B2

   • https://patents.google.com/patent/US9233184B2/en

5. Hyatt v. United States Patent and Trademark Office

   • https://cafc.uscourts.gov/opinions-orders/21-2324.OPINION.9-8-2022_2001161.pdf

Drugs Protected by US Patent 9,233,184

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Hisamitsu Pharm Co	SALONPAS	menthol; methyl salicylate	PATCH;TOPICAL	022029-001	Feb 20, 2008		OTC	Yes	Yes	9,233,184		Y
Hisamitsu Pharm Co	SALONPAS	menthol; methyl salicylate	PATCH;TOPICAL	022029-002	Nov 5, 2012		OTC	Yes	No	9,233,184		Y

Foreign Priority and PCT Information for Patent: 9,233,184

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
Japan	P2006-213670	Aug 4, 2006

International Family Members for US Patent 9,233,184

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2007279643
Brazil	PI0712396
Canada	2652220