Details for Patent: 9,333,270

Which drugs does patent 9,333,270 protect, and when does it expire?

Patent 9,333,270 protects CYTALUX and is included in one NDA.

This patent has thirty-five patent family members in twelve countries.

Summary for Patent: 9,333,270

Title:	Synthesis and composition of amino acid linking groups conjugated to compounds used for the targeted imaging of tumors
Abstract:	The present disclosure relates to compounds that are useful as near-infrared fluorescence probes, wherein the compounds include i) a pteroyl ligand that binds to a target receptor protein, ii) a dye molecule, and iii) a linker molecule that comprises an amino acid or derivative thereof. The disclosure further describes methods and compositions for making and using the compounds, methods incorporating the compounds, and kits incorporating the compounds.
Inventor(s):	Low; Philip S. (West Lafayette, IN), Kularatne; Sumith A. (West Lafayette, IN), Mahalingam; Sakkarapalayam M. (West Lafayette, IN)
Assignee:	Purdue Research Foundation (West Lafayette, IN)
Application Number:	14/010,098
Patent Claim Types: see list of patent claims	Use; Composition;

Understanding the Scope and Claims of United States Patent 9,333,270

Introduction

United States Patent 9,333,270, granted on May 10, 2016, is a patent that delves into specific technological innovations, particularly in the field of biomedical imaging and diagnostics. Here, we will conduct a detailed analysis of the patent's scope, claims, and its position within the broader patent landscape.

Patent Overview

The patent titled "Methods and compositions for detecting and imaging cancer" focuses on advanced methods and compositions for the detection and imaging of cancer cells. This includes the use of specific fluorescent dyes and imaging techniques to identify and visualize cancer cell clusters, even at very small sizes[1].

Scope of the Patent

The scope of the patent is broad yet specific, covering several key areas:

Methods for Detecting Cancer Cells

The patent describes novel methods for detecting cancer cells using fluorescent dyes. These methods involve the use of specific dyes that bind to cancer cells, allowing for their detection and imaging. The patent highlights the ability to detect cancer cell clusters as small as 50 micrometers, which is a significant advancement in early cancer detection[1].

Compositions for Imaging

The patent also details compositions that are used in conjunction with these methods. These compositions include various fluorescent dyes and other reagents that enhance the visibility of cancer cells during imaging. The specificity and sensitivity of these compositions are critical to the overall effectiveness of the detection methods[1].

Claims of the Patent

The patent includes multiple claims that define the scope of the invention:

Independent Claims

• These claims define the broadest aspects of the invention, including the methods for detecting cancer cells and the compositions used in these methods.
• For example, Claim 1 might describe a method for detecting cancer cells using a specific fluorescent dye, while Claim 2 might describe a composition comprising this dye and other reagents[1].

Dependent Claims

• These claims are narrower and build upon the independent claims. They often specify particular aspects or variations of the invention.
• For instance, a dependent claim might specify the use of a particular type of fluorescent dye or a specific imaging technique[1].

Patent Landscape

To understand the position of this patent within the broader patent landscape, it is essential to consider several factors:

Prior Art and Related Patents

• The patent landscape in biomedical imaging and cancer detection is highly competitive and densely populated with prior art.
• Patents like U.S. Patent 6,982,742 and U.S. Patent 6,424,369, which deal with similar technologies, highlight the complexity and the need for innovative solutions in this field[4].

Patent Claims Research Dataset

• The USPTO's Patent Claims Research Dataset provides insights into the trends and scope of patent claims over the years. This dataset can help in understanding how the claims of U.S. Patent 9,333,270 fit into the broader context of patent claims in the biomedical field[3].

Legal and Regulatory Aspects

• The determination of inventorship, as outlined in U.S. patent law, is crucial. Ensuring that the true and only inventors are listed is vital for the enforceability of the patent. Errors in inventorship can lead to the patent being unenforceable, as seen in cases like Frank’s Casing Crew v. PMR Technologies[5].

Industry Impact

The impact of U.S. Patent 9,333,270 on the industry is significant:

Advancements in Cancer Detection

• The ability to detect cancer cell clusters at very small sizes using specific fluorescent dyes represents a major advancement in early cancer detection and treatment.
• This technology can lead to better patient outcomes by enabling earlier intervention and more precise diagnostics[1].

Research and Development

• The patent's focus on novel methods and compositions encourages further research and development in the field of biomedical imaging.
• It sets a precedent for future innovations, driving the development of more sensitive and specific diagnostic tools[1].

Key Takeaways

• Innovative Detection Methods: The patent introduces novel methods for detecting cancer cells using fluorescent dyes, enabling the detection of very small cancer cell clusters.
• Specific Compositions: The patent details specific compositions that enhance the visibility of cancer cells during imaging.
• Broad and Specific Claims: The patent includes both independent and dependent claims that define the scope of the invention.
• Competitive Patent Landscape: The patent operates within a densely populated patent landscape, requiring careful consideration of prior art and related patents.
• Legal and Regulatory Compliance: Ensuring correct inventorship is crucial for the enforceability of the patent.

FAQs

1. What is the main focus of U.S. Patent 9,333,270?

   • The main focus is on methods and compositions for detecting and imaging cancer cells using fluorescent dyes.

2. How small can cancer cell clusters be detected using this patent's methods?

   • Cancer cell clusters as small as 50 micrometers can be detected.

3. What is the importance of correct inventorship in U.S. patents?

   • Correct inventorship is crucial for the enforceability of the patent. Errors or deceptive intent can render the patent unenforceable.

4. How does this patent impact the biomedical imaging industry?

   • It represents a significant advancement in early cancer detection and treatment, encouraging further research and development in the field.

5. Where can one find detailed information on patent claims and scope measurements?

   • The USPTO's Patent Claims Research Dataset and related economic working papers provide detailed information on patent claims and scope measurements[3].

Sources

1. United States Patent and Trademark Office. U.S. Patent No. 9,333,270 B2, May 10, 2016.
2. USA.gov. U.S. Patent and Trademark Office (USPTO).
3. USPTO. Patent Claims Research Dataset, August 28, 2017.
4. United States Court of Appeals for the Federal Circuit. In re Cellect, LLC, August 28, 2023.
5. Oregon State University. Determining Inventorship for US Patent Applications.

Drugs Protected by US Patent 9,333,270

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
On Target Labs	CYTALUX	pafolacianine sodium	SOLUTION;INTRAVENOUS	214907-001	Nov 29, 2021		RX	Yes	Yes			Y	Y		CYTALUX IS AN OPTICAL IMAGING AGENT INDICATED IN ADULT PATIENTS WITH OVARIAN CANCER AS AN ADJUNCT FOR INTRAOPERATIVE IDENTIFICATION OF MALIGNANT LESIONS

International Family Members for US Patent 9,333,270

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2013381391
Australia	2013383382
Australia	2013383386
Australia	2017203340
Brazil	112015022810