Details for Patent: 9,403,772

Which drugs does patent 9,403,772 protect, and when does it expire?

Patent 9,403,772 protects AKYNZEO and is included in one NDA.

This patent has sixty-six patent family members in forty-nine countries.

Summary for Patent: 9,403,772

Title:	4-(5-(2-(3,5-bis(trifluoromethyl)phenyl)-N,2-dimethylpropanamido)-4-(o-tol- yl)pyridin-2-yl)-1-methyl-1-((phosphonooxy)methyl)piperazin-1-ium as a neurokinin receptor modulator
Abstract:	Compounds and methods for the prevention and/or treatment of diseases which are pathophysiologically mediated by the neurokinin (NK.sub.1) receptor, based on 4-(5-(2-(3,5-bis(trifluoromethyl)phenyl)-N,2-dimethylpropanamido)-4-(o-to- lyl)3yridine-2-yl)-1-methyl-1-((phosphonooxy)methyl)piperazin-1-ium and pharmaceutically acceptable salts thereof.
Inventor(s):	Fadini; Luca (Giubiasco, CH), Manini; Peter (Giubiasco, CH), Pietra; Claudio (Como, IT), Giuliano; Claudio (Como, IT), Lovati; Emanuela (Mendrisio, CH), Cannella; Roberta (Varese, IT), Venturini; Alessio (Varese, IT), Stella; Valentino J (Lawrence, KS)
Assignee:	HELSINN HEALTHCARE SA (Lugano/Pazzallo, CH)
Application Number:	14/360,991
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 9,403,772
Patent Claim Types: see list of patent claims	Use; Compound;

Understanding the Scope and Claims of U.S. Patent 9,403,772: A Detailed Analysis

Introduction to U.S. Patents and the USPTO

The United States Patent and Trademark Office (USPTO) is the agency responsible for granting U.S. patents and registering trademarks. Patents are primary indicators of invention, providing exclusive rights to inventors for their creations[1].

Overview of U.S. Patent 9,403,772

To analyze the scope and claims of U.S. Patent 9,403,772, it is essential to understand the patent's title, abstract, and the specific claims made.

Title and Abstract

While the specific details of U.S. Patent 9,403,772 are not provided in the sources, a typical analysis would start with the title and abstract. These sections give a broad overview of the invention, including its purpose, functionality, and key features.

Claims

The claims section of a patent is crucial as it defines the scope of the invention. Claims are the legal boundaries that distinguish the invention from prior art and other existing technologies. Here are some key points to consider:

• Independent Claims: These are the broadest claims that define the invention without referencing other claims.
• Dependent Claims: These claims build upon the independent claims, often narrowing down the scope by adding additional features or limitations.
• Claim Structure: Claims are typically written in a specific format, starting with a preamble that introduces the invention, followed by a body that details the elements and their relationships[3].

Analyzing the Scope of the Patent

Technological Classification

Patents are classified into various technological fields based on the World Intellectual Property Organization (WIPO) classification system. This helps in understanding the broader technological area in which the patent resides. For example, patents can be classified into fields such as electrical engineering, mechanical engineering, or chemistry[1].

Comparison with Prior Art

The scope of a patent is also determined by how it differs from prior art. Prior art includes all existing knowledge and inventions in the same field. The patent must be novel, nonobvious, and sufficiently useful to be granted[1].

Claims Analysis

Claim Types

• Method Claims: These describe a process or method of achieving a particular result.
• Apparatus Claims: These describe a physical device or system.
• System Claims: These describe a combination of components that work together to achieve a specific function.
• Composition of Matter Claims: These describe a new chemical compound or material.

Claim Limitations

Each claim includes specific limitations that define the invention. These limitations can include structural elements, functional relationships, and operational steps. The more detailed and specific the claims, the narrower the scope of the patent, but the stronger the protection against infringement.

Patent Landscape

Industry Trends

The patent landscape is influenced by industry trends and technological advancements. For instance, the computer and electronics manufacturing industry has seen a significant increase in patenting activity, reflecting the rapid innovation in these fields[1].

Competitor Analysis

Understanding the patent landscape involves analyzing competitors' patents in the same technological field. This includes identifying key players, their patent portfolios, and the specific technologies they are protecting.

Geographic Distribution

Patents can be allocated geographically based on the inventor's location. This helps in understanding the global distribution of innovation and where specific technologies are being developed[1].

Legal and Regulatory Aspects

Patent Trial and Appeal Board (PTAB)

The PTAB plays a crucial role in determining the validity of patent claims through inter partes review (IPR) and other proceedings. Decisions from the PTAB can significantly impact the scope and claims of a patent, as seen in cases like IOENGINE, LLC v. INGENICO INC, where certain claims were found unpatentable[2].

Patent Scope Measurements

The USPTO provides datasets and research papers that help in measuring patent scope. These measurements include claim-level statistics and document-level statistics, which can be used to analyze the breadth and depth of patent claims[3].

Practical Implications for Business

Innovation and R&D

Companies involved in research and development (R&D) need to closely monitor patent trends and the patent landscape to ensure their innovations are protected and do not infringe on existing patents. High R&D industries, such as computer and electronics manufacturing, have high rates of patenting, which is crucial for their competitive edge[1].

Licensing and Collaboration

Understanding the scope and claims of patents can facilitate licensing agreements and collaborations. Companies can identify potential partners or licensing opportunities by analyzing the patent portfolios of other firms.

Key Takeaways

• Patent Claims: The claims section of a patent defines its legal boundaries and distinguishes it from prior art.
• Technological Classification: Patents are classified into specific technological fields, which helps in understanding industry trends and competitor activity.
• Legal and Regulatory: The PTAB and other legal mechanisms play a critical role in determining the validity of patent claims.
• Practical Implications: Understanding patent scope and claims is essential for R&D, licensing, and collaboration strategies.

FAQs

Q: What is the primary purpose of the claims section in a patent? A: The claims section defines the legal boundaries of the invention, distinguishing it from prior art and other existing technologies.

Q: How are patents classified technologically? A: Patents are classified using the World Intellectual Property Organization (WIPO) classification system, which includes 35 technical fields.

Q: What is the role of the Patent Trial and Appeal Board (PTAB) in patent disputes? A: The PTAB determines the validity of patent claims through inter partes review (IPR) and other proceedings.

Q: Why is it important for companies to monitor patent trends and the patent landscape? A: Monitoring patent trends helps companies ensure their innovations are protected, avoid infringement, and identify potential licensing or collaboration opportunities.

Q: How do high R&D industries benefit from patenting? A: High R&D industries benefit from patenting by protecting their innovations, which is crucial for their competitive edge and continued innovation.

Sources

1. National Science Foundation. Invention: U.S. and Comparative Global Trends. January 15, 2020.
2. United States Court of Appeals for the Federal Circuit. IOENGINE, LLC v. INGENICO INC. May 3, 2024.
3. United States Patent and Trademark Office. Patent Claims Research Dataset. August 28, 2017.

Drugs Protected by US Patent 9,403,772

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Helsinn Hlthcare	AKYNZEO	fosnetupitant chloride hydrochloride; palonosetron hydrochloride	POWDER;INTRAVENOUS	210493-001	Apr 19, 2018		DISCN	Yes	No				Y		USE IN COMBINATION WITH DEXAMETHASONE IN ADULTS FOR THE PREVENTION OF ACUTE AND DELAYED NAUSEA AND VOMITING ASSOCIATED WITH INITIAL AND REPEAT COURSES OF HIGHLY EMETOGENIC CANCER CHEMOTHERAPY
Helsinn Hlthcare	AKYNZEO	fosnetupitant chloride hydrochloride; palonosetron hydrochloride	SOLUTION;INTRAVENOUS	210493-002	May 27, 2020		RX	Yes	Yes				Y		USE IN COMBINATION WITH DEXAMETHASONE IN ADULTS FOR THE PREVENTION OF ACUTE AND DELAYED NAUSEA AND VOMITING ASSOCIATED WITH INITIAL AND REPEAT COURSES OF HIGHLY EMETOGENIC CANCER CHEMOTHERAPY

Foreign Priority and PCT Information for Patent: 9,403,772

PCT Information
PCT Filed	November 28, 2012	PCT Application Number:	PCT/US2012/066778
PCT Publication Date:	June 06, 2013	PCT Publication Number:	WO2013/082102

International Family Members for US Patent 9,403,772

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	2785706		301047	Netherlands
European Patent Office	2785706		CA 2020 00028	Denmark
European Patent Office	2785706		PA2020510	Lithuania
European Patent Office	2785706		LUC00158	Luxembourg
European Patent Office	2785706		2020C/516	Belgium