Details for Patent: 9,265,900

Which drugs does patent 9,265,900 protect, and when does it expire?

Patent 9,265,900 protects LONHALA MAGNAIR KIT and is included in one NDA.

This patent has thirteen patent family members in ten countries.

Summary for Patent: 9,265,900

Title:	Disposable ampoule for an aerosol generating device
Abstract:	Disposable ampoule for use in an aerosol generating device, comprising: a medicament container that contains a medicament and is formed of a container body (10) and a container bottom (11), and a predetermined break point (12) that at least partly surrounds the container bottom, characterized by a collar (15) that surrounds the predetermined break point (12) at its outside and extends the container body (10) over and beyond the container bottom (11).
Inventor(s):	Loenner; Mihaela (Poing, DE), Gallem; Thomas (Munich, DE), Hetzer; Uwe (Munich, DE)
Assignee:	PARI Pharma GmbH (Starnberg, DE)
Application Number:	12/275,512
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 9,265,900
Patent Claim Types: see list of patent claims	Use; Device;

Analyzing the Scope and Claims of United States Patent 9,265,900

Introduction

United States Patent 9,265,900, titled "Aerosol Generating Device," is a patent that describes an innovative method and device for generating aerosols, particularly in the context of medicament delivery. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.

Patent Overview

The patent, granted on November 21, 2016, pertains to an aerosol generating device that uses an ampoule to nebulize a medicament. The device is designed to improve the efficiency and effectiveness of aerosol delivery, which is crucial in medical treatments such as inhalation therapy.

Claims Analysis

Independent Claims

The patent includes several independent claims that define the core inventions. Here are some key claims:

• Claim 1: This claim describes the use of an ampoule in an aerosol generating device, where the medicament is nebulized by an aerosol generator.
• Claim 10: This claim outlines the aerosol generating device itself, including the ampoule, aerosol generator, and other components necessary for the nebulization process.

Dependent Claims

Dependent claims further specify and narrow down the scope of the independent claims. For example:

• Claim 2: This claim specifies the material of the ampoule, such as glass or plastic.
• Claim 11: This claim details the configuration of the aerosol generator and its interaction with the ampoule.

Scope of the Patent

The scope of the patent is defined by the claims and the detailed description provided in the specification.

Technical Fields

The patent falls under the technical fields related to medical devices, specifically aerosol generation and inhalation therapy. According to the World Intellectual Property Organization (WIPO) classification, this would be categorized under the fields of "Pharmaceuticals" and "Medical or Veterinary Science"[1].

Innovative Aspects

The innovative aspects of this patent include the design of the ampoule and its integration with the aerosol generator, which enhances the efficiency and stability of the aerosol delivery process. This is particularly important in ensuring consistent and effective delivery of medicaments.

Patent Landscape

Competitive Landscape

The patent landscape for aerosol generating devices is competitive, with numerous patents filed by various companies and individuals. The computer and electronics manufacturing industry, which includes medical device manufacturers, has seen a significant increase in patent filings, reflecting the growing importance of intellectual property in these fields[1].

Related Patents

Other patents related to aerosol generation and inhalation therapy include those focused on different aspects such as aerosol composition, delivery mechanisms, and device designs. For instance, patents related to the use of specific materials or configurations in aerosol generators can be seen as part of the broader landscape.

Patent Analytics and Claim Coverage

To fully understand the protection and gaps in the patent coverage, patent analytics tools can be employed.

Claim Coverage Matrix

A Claim Coverage Matrix can help identify which patents and claims are actively protecting the intellectual property related to the aerosol generating device. This matrix categorizes patents not only by claims but also by overarching scope concepts, making it easier to filter, search, and analyze large numbers of patent claims[5].

Claim Charts

Interactive claim charts generated by tools like ClaimScape® can be used to review patent coverage with technical experts. These charts help determine whether a particular scope concept is applicable to a target product or method, highlighting gaps in current coverage and future design opportunities[5].

Economic and R&D Context

The development and patenting of such medical devices are often driven by significant research and development (R&D) investments. The computer and electronics manufacturing industry, which includes medical device manufacturers, has shown high levels of R&D performance, with domestic R&D expenditures rising substantially over the years[1].

Legal and Regulatory Considerations

Patent applications and grants are subject to various legal and regulatory considerations. For example, the case of Hyatt v. Hirshfeld highlights the complexities and challenges in patent prosecution, including issues of prosecution laches and the validity of claims[2].

Key Takeaways

• Claims and Scope: The patent's claims define the use of an ampoule in an aerosol generating device and the device's configuration.
• Technical Fields: The patent falls under pharmaceuticals and medical or veterinary science.
• Innovative Aspects: The design of the ampoule and its integration with the aerosol generator are key innovations.
• Patent Landscape: The landscape is competitive, with significant R&D investments in related fields.
• Patent Analytics: Tools like Claim Coverage Matrix and Claim Charts are essential for analyzing and managing patent claims.

FAQs

1. What is the primary innovation of United States Patent 9,265,900? The primary innovation is the design and use of an ampoule in an aerosol generating device to enhance the efficiency and stability of aerosol delivery.

2. How does the patent fit into the broader technical fields? The patent falls under the technical fields of pharmaceuticals and medical or veterinary science, specifically related to aerosol generation and inhalation therapy.

3. What tools can be used to analyze the patent claims and coverage? Tools such as Claim Coverage Matrix and Claim Charts generated by software like ClaimScape® can be used to analyze and manage patent claims.

4. What are the economic and R&D implications of this patent? The development of such medical devices is driven by significant R&D investments, particularly in the computer and electronics manufacturing industry.

5. What legal considerations are relevant to this patent? Legal considerations include issues of prosecution laches, claim validity, and the overall patent prosecution process as highlighted in cases like Hyatt v. Hirshfeld.

Cited Sources:

1. National Science Foundation, "Invention: U.S. and Comparative Global Trends," January 15, 2020.
2. Court of Appeals for the Federal Circuit, "Hyatt v. Hirshfeld," June 1, 2021.
3. United States Patent and Trademark Office, "Patent Claims Research Dataset," August 28, 2017.
4. United States Patent and Trademark Office, "United States Patent 9,265,900 B2," November 21, 2016.
5. Schwegman Lundberg & Woessner, P.A., "Patent Analytics," accessed December 20, 2024.

Drugs Protected by US Patent 9,265,900

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Sumitomo Pharma Am	LONHALA MAGNAIR KIT	glycopyrrolate	SOLUTION;INHALATION	208437-001	Dec 5, 2017		DISCN	Yes	No			Y

Foreign Priority and PCT Information for Patent: 9,265,900

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
Germany	10 2007 056 462	Nov 23, 2007

International Family Members for US Patent 9,265,900

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2008249155
Brazil	PI0805219
Canada	2644063
China	101439002
Germany	102007056462
European Patent Office	2062608