Details for Patent: 9,789,078

Which drugs does patent 9,789,078 protect, and when does it expire?

Patent 9,789,078 protects PICATO and is included in one NDA.

This patent has two patent family members in two countries.

Summary for Patent: 9,789,078

Title:	Method of topically treating actinic keratosis with ingenol mebutate cycle therapy
Abstract:	The present invention relates to cyclic or repeated use of the ingenol mebutate for topical treatment of actinic keratosis lesions. Generally speaking, the present invention comprises a first ingenol mebutate treatment cycle and a second ingenol mebutate treatment cycle, wherein the first treatment cycle topically treats a treatment area with a topical gel formulated with ingenol mebutate at a selected dosage strength for a specified treatment regimen, and the second ingenol mebutate treatment cycle comprises topically re-treating the treatment area with the same topical ingenol mebutate gel for the same specified treatment regimen, if following the first treatment cycle, the treatment area failed to clear or failed to remain clear of AK lesions. The present invention further relates to spot or individual lesion therapy in the treatment area following the topical bi-cyclic therapy with ingenol mebutate.
Inventor(s):	Norrelund; Kirsten (Ballerp, DK)
Assignee:	LEO Laboratories Limited (Dublin, IE)
Application Number:	14/401,492
Patent Claim Types: see list of patent claims	Use; Formulation; Dosage form;

Understanding the Scope and Claims of a U.S. Patent: A Detailed Analysis of United States Patent 9,789,078

Introduction

Patents are a cornerstone of innovation, providing exclusive rights to inventors for their creations. To fully comprehend the value and implications of a patent, it is crucial to analyze its scope and claims. This article will delve into the specifics of United States Patent 9,789,078, exploring its claims, the patent landscape, and the broader context of patent eligibility and scope.

What is United States Patent 9,789,078?

To begin, it is essential to identify the subject matter of the patent. However, since the specific details of Patent 9,789,078 are not provided, we will use general principles to understand how to analyze a patent.

Patent Claims: The Heart of a Patent

Patent claims define the scope of the invention and are critical in determining what is protected by the patent. There are two main types of claims: independent and dependent claims.

Independent Claims

Independent claims stand alone and define the invention without reference to other claims. They are often broader and more general, setting the foundation for the invention's scope[3].

Dependent Claims

Dependent claims refer back to an independent claim and further limit the scope of the invention. They are narrower and more specific, often detailing particular aspects or embodiments of the invention.

Measuring Patent Scope

The scope of a patent can be measured using various metrics, such as independent claim length and independent claim count. These metrics can provide insights into the breadth and complexity of the patent claims. For instance, narrower claims at publication are associated with a higher probability of grant and a shorter examination process than broader claims[3].

Patent-Eligible Subject Matter

The patentability of an invention is governed by Section 101 of the Patent Act, which defines four categories of patentable inventions: processes, machines, manufactures, and compositions of matter. However, the Supreme Court has established implicit exceptions, excluding laws of nature, natural phenomena, and abstract ideas from patent eligibility[5].

The Alice/Mayo Test

The Alice/Mayo test is a two-step framework used to determine if a patent claim is directed to an ineligible concept. First, it assesses whether the claim is directed to a law of nature, natural phenomenon, or abstract idea. If so, the second step evaluates whether the claim contains an inventive concept that transforms the nature of the claim into a patent-eligible application[5].

Searching and Analyzing Patents

To analyze a patent like 9,789,078, one would typically start by searching the U.S. Patent and Trademark Office (USPTO) database.

Using USPTO Resources

The USPTO provides several tools for searching patents, including the Electronic Official Gazette and Patent and Trademark Resource Centers (PTRCs). These resources allow users to browse issued patents by classification or type, and PTRCs offer training in patent search techniques[1].

Common Citation Document (CCD)

The Common Citation Document (CCD) application is another valuable tool, consolidating prior art cited by multiple patent offices for the same invention. This helps in visualizing the global patent landscape related to the invention[1].

Industry Impact and Stakeholder Views

The patent landscape is influenced by judicial, administrative, and legislative developments. For example, the USPTO's 2019 Guidance on applying the Alice/Mayo framework has impacted the patentability of AI-related and other inventions, generally lowering Section 101 barriers to patentability[5].

Examples and Statistics

Companies like C3.ai, which have numerous patent applications pending, illustrate the importance of patents in protecting intellectual property. For instance, C3.ai has over 40 patent applications pending in the United States and 70 internationally, highlighting the extensive efforts companies undertake to secure their innovations[4].

Key Takeaways

• Patent Claims: Define the scope and are crucial for determining patent protection.
• Patent Scope Metrics: Independent claim length and count can measure the breadth and complexity of claims.
• Patent-Eligible Subject Matter: Governed by Section 101 and the Alice/Mayo test.
• USPTO Resources: Essential for searching and analyzing patents.
• Industry Impact: Judicial and administrative developments significantly influence the patent landscape.

FAQs

Q: What are the main types of patent claims?

A: The main types are independent claims, which stand alone, and dependent claims, which refer back to an independent claim.

Q: How is patent scope measured?

A: Metrics such as independent claim length and independent claim count are used to measure patent scope.

Q: What is the Alice/Mayo test?

A: A two-step framework to determine if a patent claim is directed to an ineligible concept and if it contains an inventive concept.

Q: Where can I search for patents?

A: The U.S. Patent and Trademark Office (USPTO) database, including the Electronic Official Gazette and PTRCs.

Q: Why is the Common Citation Document (CCD) important?

A: It consolidates prior art cited by multiple patent offices, helping to visualize the global patent landscape.

Sources

1. USPTO: Search for patents - USPTO
2. USA.gov: U.S. Patent and Trademark Office (USPTO) | USAGov
3. SSRN: Patent Claims and Patent Scope - Search eLibrary :: SSRN
4. C3.ai Investor Relations: Form 10-Q for C3ai INC filed 09/07/2023
5. CRS Reports: Patent-Eligible Subject Matter Reform: An Overview - CRS Reports

Drugs Protected by US Patent 9,789,078

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Leo Labs	PICATO	ingenol mebutate	GEL;TOPICAL	202833-001	Jan 23, 2012		DISCN	Yes	No						TOPICAL TREATMENT OF ACTINIC KERATOSIS OF THE FACE OR SCALP USING MORE THAN ONE TREATMENT COURSE OF INGENOL MEBUTATE

Foreign Priority and PCT Information for Patent: 9,789,078

PCT Information
PCT Filed	May 15, 2013	PCT Application Number:	PCT/EP2013/060024
PCT Publication Date:	November 21, 2013	PCT Publication Number:	WO2013/171258

International Family Members for US Patent 9,789,078

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	2849742
World Intellectual Property Organization (WIPO)	2013171258