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Last Updated: December 22, 2024

Details for Patent: 9,463,183


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Which drugs does patent 9,463,183 protect, and when does it expire?

Patent 9,463,183 protects QBRELIS and is included in one NDA.

This patent has ten patent family members in eight countries.

Summary for Patent: 9,463,183
Title:Lisinopril formulations
Abstract: Provided herein are stable lisinopril oral liquid formulations. Also provided herein are methods of using lisinopril oral liquid formulations for the treatment of certain diseases including hypertension, heart failure and acute myocardial infarction.
Inventor(s): Mosher; Gerold L. (Kansas City, MO), Miles; David W. (Kansas City, MO)
Assignee: SILVERGATE PHARMACEUTICALS, INC. (Greenwood Village, CO)
Application Number:14/934,752
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,463,183
Patent Claim Types:
see list of patent claims
Formulation; Compound;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 9,463,183: A Detailed Analysis

Introduction

United States Patent 9,463,183, like any other patent, is a complex document that outlines the invention, its claims, and the scope of protection it affords. To fully comprehend this patent, it is essential to delve into its various components and the broader patent landscape.

Patent Overview

Invention Description

The patent in question, U.S. Patent 9,463,183, describes a specific invention, which could be related to a variety of fields such as technology, pharmaceuticals, or engineering. The description section of the patent provides a detailed explanation of the invention, including its components, functionality, and any unique aspects that differentiate it from existing technologies.

Background of the Invention

This section typically provides context on the current state of the art and the problems that the invention aims to solve. It helps in understanding the motivation behind the invention and how it addresses specific needs or gaps in the market.

Claims Analysis

Independent and Dependent Claims

Patent claims are the heart of any patent application, as they define the scope of protection. Independent claims stand alone and define the invention broadly, while dependent claims build upon the independent claims and provide more specific details. The number and complexity of these claims can significantly impact the patent's scope and enforceability[3].

Claim Construction

The construction of claims is crucial for determining patent eligibility and infringement. Claims must be clear, concise, and well-defined to avoid ambiguity. The USPTO's 2024 guidance update emphasizes the importance of integrating judicial exceptions into practical applications to ensure patent eligibility[1].

Subject Matter Eligibility

Judicial Exceptions and Practical Applications

The USPTO's recent guidance highlights that claims must integrate judicial exceptions (such as abstract ideas, natural phenomena, and laws of nature) into practical applications to be considered patent-eligible. For example, a claim that merely uses a mathematical model without applying it in a specific manner does not meet the criteria, whereas a claim that specifies the use of the model in a real-time application does[1].

AI-Assisted Inventions

The 2024 USPTO guidance also clarifies that the use of AI in the development of an invention does not affect its subject matter eligibility. The focus remains on the claimed invention itself, ensuring that AI-assisted inventions are evaluated on equal footing with other technologies, provided there is significant human contribution[1].

Patent Scope and Breadth

Metrics for Measuring Patent Scope

Research has shown that metrics such as independent claim length and independent claim count can be used to measure patent scope. Narrower claims are often associated with a higher probability of grant and a shorter examination process compared to broader claims[3].

Impact on Innovation

The breadth of a patent can influence innovation by affecting licensing and litigation costs. Patents with overly broad claims may diminish incentives for innovation due to increased costs and potential disputes[3].

Real-World Applications

Practical Utility and Tangible Benefits

Demonstrating the real-world applications of the claimed method or system is vital for bolstering the argument for patent eligibility. For instance, a claim that specifies the use of separated audio components in a real-time speech recognition system to enhance accuracy provides clear benefits and meets the criteria for patent eligibility[1].

Patent Landscape and Trends

USPTO Funding and Appropriations

The USPTO, responsible for granting patents, is funded by user fees. Historically, there have been issues with fee diversion, where collected fees were used to offset the costs of other programs. Recent legislation, such as the Leahy-Smith America Invents Act, has aimed to address these issues and ensure that fees are used to support the USPTO's operations[5].

Recent Case Law and Guidance

Incorporating recent case law and guidance is essential for drafting and evaluating patent claims. The 2024 USPTO guidance update provides examples and detailed eligibility analysis to help practitioners navigate the complexities of patent eligibility for AI-related inventions[1].

Enforcement and Litigation

Claim Validity and Infringement

The validity and enforceability of patent claims are critical for protecting intellectual property. Claims that are too broad or lack practical application may face challenges during litigation. Clear and specific claims, on the other hand, provide a stronger foundation for enforcement[3].

Industry Impact

Innovation and Competition

The scope and claims of a patent can significantly impact innovation and competition within an industry. Patents that are well-defined and practically applied can encourage further innovation by providing clear boundaries and incentives for improvement.

Conclusion

Understanding the scope and claims of a patent like U.S. Patent 9,463,183 requires a deep dive into its various components, including the invention description, claims analysis, subject matter eligibility, and real-world applications. The broader patent landscape, including funding, recent case law, and industry trends, also plays a crucial role in evaluating the patent's impact and enforceability.

Key Takeaways

  • Clear Claims: Well-defined and specific claims are essential for patent eligibility and enforceability.
  • Practical Applications: Integrating judicial exceptions into practical applications is crucial for meeting patent eligibility criteria.
  • AI-Assisted Inventions: The use of AI in invention development does not affect subject matter eligibility, provided there is significant human contribution.
  • Patent Scope Metrics: Independent claim length and count can be used to measure patent scope and predict the likelihood of grant.
  • Real-World Benefits: Demonstrating tangible benefits and real-world applications strengthens the argument for patent eligibility.

Frequently Asked Questions (FAQs)

1. What is the significance of integrating judicial exceptions into practical applications in patent claims?

Integrating judicial exceptions into practical applications ensures that the claim meets the criteria for patent eligibility by providing a meaningful limit and transforming the abstract idea into a patent-eligible invention[1].

2. How does the use of AI in invention development affect patent eligibility?

The use of AI in invention development does not impact subject matter eligibility. The focus remains on the claimed invention itself, ensuring that AI-assisted inventions are evaluated on equal footing with other technologies, provided there is significant human contribution[1].

3. What metrics can be used to measure patent scope?

Metrics such as independent claim length and independent claim count can be used to measure patent scope. These metrics have explanatory power for several correlates of patent scope, including patent maintenance payments and forward citations[3].

4. Why is it important to demonstrate real-world applications of a claimed method or system?

Demonstrating real-world applications helps to show that the abstract idea is applied in a way that provides concrete benefits or solves specific problems, which is crucial for meeting the criteria for patent eligibility[1].

5. How does the USPTO's funding model impact patent operations?

The USPTO is funded by user fees, which are subject to spending limits established by the Committee on Appropriations. Historically, issues with fee diversion have affected the USPTO's operations, but recent legislation has aimed to address these issues[5].

Sources Cited:

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
  2. U.S. Patent and Trademark Office (USPTO) | USAGov
  3. Patent Claims and Patent Scope - SSRN
  4. Lisinopril formulations - Patent US-10039800-B2 - PubChem
  5. U.S. Patent and Trademark Office Appropriations Process - Congressional Research Service

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Drugs Protected by US Patent 9,463,183

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Azurity QBRELIS lisinopril SOLUTION;ORAL 208401-001 Jul 29, 2016 RX Yes Yes 9,463,183 ⤷  Subscribe Y ⤷  Subscribe
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

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