United States Patent 9,675,700: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 9,675,700, titled "Topical Tetracycline Compositions," is a significant patent in the field of pharmaceuticals, particularly for the treatment of skin conditions such as acne and rosacea. This patent, issued on January 13, 2015, is part of a broader patent landscape that protects various aspects of topical tetracycline formulations.
Background
The patent 9,675,700 is associated with VYNE Therapeutics Inc. and is listed in the Orange Book in connection with Amzeeq® foam, a topical tetracycline composition used for the treatment of moderate to severe acne[2].
Scope of the Patent
Overview
The patent 9,675,700 covers specific compositions and methods related to topical tetracycline formulations. Here are the key aspects of its scope:
Compositions
The patent describes topical tetracycline compositions that are designed to be effective and stable. These compositions typically include tetracycline or its derivatives, along with various excipients and solvents that enhance the stability and efficacy of the tetracycline[4].
Formulations
The patent details different formulations, including foams, gels, and creams, which are tailored for topical application. These formulations are surfactant-free and water-free, which helps in maintaining the stability of the tetracycline and improving its delivery to the skin[4].
Methods of Treatment
The patent also covers methods for treating skin conditions such as acne and rosacea using these topical tetracycline compositions. It outlines the dosages, application frequencies, and other treatment protocols that are effective for these conditions[4].
Claims
Independent Claims
The patent includes several independent claims that define the core aspects of the invention. These claims cover:
- Composition Claims: These claims specify the components of the topical tetracycline compositions, including the active ingredient (tetracycline or its derivatives), excipients, and solvents.
- Formulation Claims: These claims describe the specific formulations such as foams, gels, and creams, and their characteristics.
- Method Claims: These claims outline the methods for treating skin conditions using these compositions, including dosages and application protocols[4].
Dependent Claims
Dependent claims further narrow down the scope of the independent claims by adding additional limitations. For example, they might specify particular excipients, concentration ranges of the active ingredient, or specific application methods.
Patent Landscape
Related Patents
The patent 9,675,700 is part of a larger family of patents related to Amzeeq® foam. Other patents in this family include:
- U.S. Patent Nos. 8,865,139; 8,945,516; 8,992,896; 10,086,080; 10,137,200; 10,213,512; 10,265,404; 10,517,882; 10,821,187; 10,398,641; and 10,849,847. These patents collectively protect various aspects of the composition, formulation, and methods of use for Amzeeq® foam[2].
Claim Coverage Matrix
To understand the full scope of protection, a Claim Coverage Matrix can be used. This matrix categorizes patents by claims and scope concepts, helping to identify which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist[3].
Global Dossier and Common Citation Document
The Global Dossier and Common Citation Document (CCD) tools provided by the USPTO can be used to analyze the patent family and prior art cited by various patent offices. This helps in understanding the global patent landscape and ensuring that the patent claims are robust and well-supported[5].
Impact and Significance
Market Protection
The patent 9,675,700, along with the other patents in the Amzeeq® foam family, provides strong market protection for VYNE Therapeutics Inc. This protection prevents generic versions of the product from entering the market until the patents expire, thereby safeguarding the company's investment in research and development[2].
Innovation
The patent encourages innovation by protecting novel compositions and methods. This protection allows companies to invest in further research and development, leading to improved treatments for skin conditions.
Challenges and Litigation
Patent Infringement
The patent has been involved in litigation, with VYNE Therapeutics Inc. filing complaints against companies that have submitted Abbreviated New Drug Applications (ANDAs) for generic versions of Amzeeq® foam. These complaints allege patent infringement and seek declaratory judgments to prevent the generic versions from being approved[2].
Conclusion
The United States Patent 9,675,700 is a critical component of the intellectual property portfolio for VYNE Therapeutics Inc., particularly in relation to Amzeeq® foam. Understanding the scope and claims of this patent, along with its position within the broader patent landscape, is essential for both the company and competitors in the pharmaceutical industry.
Key Takeaways
- Patent Scope: Covers topical tetracycline compositions, formulations, and methods for treating skin conditions.
- Claims: Includes independent and dependent claims that define the composition, formulation, and treatment methods.
- Related Patents: Part of a larger family of patents protecting Amzeeq® foam.
- Market Protection: Provides strong market protection against generic versions.
- Innovation: Encourages further research and development in topical tetracycline formulations.
- Litigation: Involved in patent infringement litigation to protect the company's intellectual property.
FAQs
Q: What is the main subject of the United States Patent 9,675,700?
A: The main subject is topical tetracycline compositions, specifically their formulation and use in treating skin conditions like acne and rosacea.
Q: Which company holds the rights to this patent?
A: VYNE Therapeutics Inc. holds the rights to this patent.
Q: What is the significance of the patent in the market?
A: The patent provides market protection for Amzeeq® foam, preventing generic versions from entering the market until the patent expires.
Q: How does the patent landscape for this patent look?
A: It is part of a larger family of patents related to Amzeeq® foam, which collectively protect various aspects of the composition, formulation, and methods of use.
Q: What tools can be used to analyze the patent claims and landscape?
A: Tools such as the Claim Coverage Matrix, Global Dossier, and Common Citation Document (CCD) can be used to analyze the patent claims and landscape.
Sources
- United States Patent and Trademark Office. (2020). United States Patent 11,324,691 B2. Retrieved from https://patentimages.storage.googleapis.com/e7/77/50/466b46fa9fdc1e/US11324691.pdf
- IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE. (2021). VYNE THERAPEUTICS INC., Plaintiff, v. PADAGIS ISRAEL PHARMACEUTICALS LTD. Retrieved from https://insight.rpxcorp.com/litigation_documents/14345929
- Schwegman Lundberg & Woessner, P.A.. Patent Analytics. Retrieved from https://www.slwip.com/services/patent-analytics/
- United States Patent and Trademark Office. (2015). United States Patent 9,675,700 B2. Retrieved from https://patentimages.storage.googleapis.com/c8/da/89/4903fdf9162080/US9675700.pdf
- United States Patent and Trademark Office. Search for patents. Retrieved from https://www.uspto.gov/patents/search
