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Last Updated: December 28, 2024

Details for Patent: 9,630,946


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Which drugs does patent 9,630,946 protect, and when does it expire?

Patent 9,630,946 protects NERLYNX and is included in one NDA.

This patent has sixty-three patent family members in twenty countries.

Summary for Patent: 9,630,946
Title:Maleate salts of (E)-N-{4-[3-chloro-4-(2-pyridinylmethoxy)anilino]-3-cyano-7-ethoxy-6-quin- olinyl}-4-(dimethylamino)-2-butenamide and crystalline forms thereof
Abstract: The present invention relates to maleate salt forms of (E)-N-{4-[3-chloro-4-(2-pyridinylmethoxy)anilino]-3-cyano-7-ethoxy-6-quin- olinyl}-4-(dimethylamino)-2-butenamide, methods of preparing crystalline maleate salt forms, the associated compounds, and pharmaceutical compositions containing the same. The maleate salts are useful in treating cancers, particularly those affected by kinases of the epidermal growth factor receptor family.
Inventor(s): Lu; Quinhong (Suffern, NY), Ku; Mannching Sherry (Thiells, NY), Chew; Warren (Pierrefonds, CA), Cheal; Gloria (Beaconsfield, CA), Hadfield; Anthony F. (St. Petersburg, FL), Mirmehrabi; Mahmoud (Laval, CA)
Assignee: WYETH LLC (New York, NY)
Application Number:14/825,612
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,630,946
Patent Claim Types:
see list of patent claims
Use; Formulation;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 9,630,946: A Detailed Analysis

Introduction

United States Patent 9,630,946, like any other patent, is a complex document that outlines the invention, its claims, and the scope of protection it offers. To analyze this patent, we need to delve into its various components, including the background, summary, detailed description, and most importantly, the claims.

Background of the Patent

Before diving into the specifics of Patent 9,630,946, it is crucial to understand the context in which it was filed. This involves looking at the prior art, the problems the invention aims to solve, and the technological landscape at the time of filing.

Summary of the Invention

The summary section provides a brief overview of the invention. Here, you would typically find a concise description of what the invention is, its key features, and how it operates. This section sets the stage for the more detailed description that follows.

Detailed Description of the Invention

This section is where the inventors provide a thorough explanation of the invention, including drawings, diagrams, and detailed descriptions of each component. It explains how the invention works, its various embodiments, and any specific examples or experiments conducted to validate the invention.

Claims

The claims are the most critical part of a patent as they define the scope of protection. Here is where we will focus our analysis.

Independent and Dependent Claims

Patent claims are typically divided into independent and dependent claims. Independent claims stand alone and define the invention in its broadest terms. Dependent claims, on the other hand, are narrower and depend on one or more of the independent claims.

Claim Construction

Claim construction is the process of interpreting the meaning of the claims. This involves understanding the language used, the context in which the terms are used, and any definitions provided in the specification. The USPTO and courts use various tools and principles to construct claims, including the specification, drawings, and the prosecution history of the patent[1].

Examples from Recent USPTO Guidance

The recent USPTO guidance update on AI patents provides valuable insights into how claims should be constructed and evaluated. For instance, the guidance emphasizes the importance of integrating judicial exceptions into practical applications. This means that claims must show how the abstract idea or natural phenomenon is applied in a way that provides concrete benefits or solves specific problems in the relevant field[1].

Practical Application and Technological Improvement

To be patent-eligible, claims must demonstrate a practical application and a technological improvement. For example, in the context of AI, a claim involving an artificial neural network must show how it improves computer technology or provides a tangible benefit, such as enhancing the accuracy of speech recognition systems[1].

Scope of Protection

The scope of protection for Patent 9,630,946 is defined by its claims. Here are some key points to consider:

What is Protected?

The claims specify exactly what aspects of the invention are protected. This could include specific methods, systems, or apparatuses.

What is Not Protected?

Anything not covered by the claims is not protected. This includes variations or alternatives that do not fall within the scope of the claims.

Infringement Analysis

To determine if another invention infringes on Patent 9,630,946, one must compare the claims of the patent with the features of the potentially infringing invention. This involves a detailed analysis to see if all elements of at least one claim are present in the potentially infringing invention.

Patent Landscape

Understanding the patent landscape around Patent 9,630,946 involves looking at related patents, both prior and subsequent, to see how this patent fits into the broader technological field.

Prior Art

Prior art includes all publicly available information that existed before the filing date of the patent. Analyzing prior art helps in understanding the novelty and non-obviousness of the invention.

Subsequent Patents

Subsequent patents can provide insights into how the technology has evolved and whether Patent 9,630,946 remains a significant player in its field.

Search Tools and Resources

To conduct a thorough analysis, several search tools and resources are available:

USPTO Search Tools

The USPTO offers various search tools such as the Patent Public Search, Global Dossier, and the Patent and Trademark Resource Centers (PTRCs). These tools help in finding related patents, understanding the prosecution history, and accessing prior art[4].

International Patent Databases

For a global perspective, databases from other international intellectual property offices such as the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) can be used[4].

Key Takeaways

  • Claims Construction: The claims define the scope of protection and must be carefully constructed to ensure they meet the criteria for patent eligibility.
  • Practical Application: Claims must integrate abstract ideas into practical applications to be patent-eligible.
  • Technological Improvement: The invention must provide a concrete technological improvement to be considered patent-eligible.
  • Patent Landscape: Understanding the broader patent landscape helps in assessing the significance and potential impact of the patent.

FAQs

Q: What is the primary purpose of the claims in a patent?

A: The primary purpose of the claims in a patent is to define the scope of protection for the invention.

Q: How does the USPTO evaluate the patent eligibility of AI-related inventions?

A: The USPTO evaluates the patent eligibility of AI-related inventions by assessing whether the claims integrate judicial exceptions into practical applications and provide meaningful limits on these exceptions[1].

Q: What tools are available for searching patents related to a specific invention?

A: Various tools are available, including the USPTO's Patent Public Search, Global Dossier, and international patent databases such as those from the EPO, JPO, and WIPO[4].

Q: How do dependent claims differ from independent claims?

A: Dependent claims are narrower and depend on one or more independent claims, while independent claims stand alone and define the invention in its broadest terms.

Q: What is the significance of prior art in patent analysis?

A: Prior art helps in understanding the novelty and non-obviousness of the invention by comparing it with all publicly available information that existed before the filing date of the patent.

Sources

  1. Mintz: Understanding the 2024 USPTO Guidance Update on AI Patent.
  2. USA.gov: U.S. Patent and Trademark Office (USPTO).
  3. USPTO: Patent Claims Research Dataset.
  4. USPTO: Search for patents.
  5. ACUS: U.S. Patent Small Claims Court.

More… ↓

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Drugs Protected by US Patent 9,630,946

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Puma Biotech NERLYNX neratinib maleate TABLET;ORAL 208051-001 Jul 17, 2017 RX Yes Yes ⤷  Subscribe ⤷  Subscribe EXTENDED ADJUVANT TREATMENT OF ADULT PATIENTS WITH EARLY STAGE HER2-OVEREXPRESSED/AMPLIFIED BREAST CANCER, TO FOLLOW ADJUVANT TRASTUZUMAB BASE THERAPY ⤷  Subscribe
Puma Biotech NERLYNX neratinib maleate TABLET;ORAL 208051-001 Jul 17, 2017 RX Yes Yes ⤷  Subscribe ⤷  Subscribe USE IN COMBINATION WITH CAPECITABINE, FOR THE TREATMENT OF ADULT PATIENTS WITH ADVANCED OR METASTATIC HER2-POSITIVE BREAST CANCER WHO HAVE RECEIVED TWO OR MORE PRIOR ANTI-HER2 BASED REGIMENS IN THE METASTATIC SETTING ⤷  Subscribe
Puma Biotech NERLYNX neratinib maleate TABLET;ORAL 208051-001 Jul 17, 2017 RX Yes Yes ⤷  Subscribe ⤷  Subscribe EXTENDED ADJUVANT TREATMENT OF ADULT PATIENTS WITH EARLY-STAGE HUMAN EPIDERMAL GROWTH FACTOR RECEPTOR 2 (HER2)-POSITIVE BREAST CANCER, TO FOLLOW ADJUVANT TRASTUZUMAB BASED THERAPY ⤷  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

International Family Members for US Patent 9,630,946

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 068932 ⤷  Subscribe
Argentina 103866 ⤷  Subscribe
Australia 2008312474 ⤷  Subscribe
Brazil 122019023745 ⤷  Subscribe
Brazil PI0818464 ⤷  Subscribe
Canada 2702930 ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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