Details for Patent: 9,833,428

Which drugs does patent 9,833,428 protect, and when does it expire?

Patent 9,833,428 protects PICATO and is included in one NDA.

This patent has thirty-two patent family members in twenty-one countries.

Summary for Patent: 9,833,428

Title:	Therapeutic compositions
Abstract:	Ingenol angelate is a potent anticancer agent, and can be stabilized by dissolving it in an aprotic solvent in the presence of an acidic buffer.
Inventor(s):	Brown; Marc Barry (Watford, GB), Crothers; Michael (Hillsborough, GB), Nazir; Tahir (Isleworth, GB)
Assignee:	LEO Laboratories Limited (Dublin, IE)
Application Number:	14/269,055
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 9,833,428
Patent Claim Types: see list of patent claims	Formulation; Compound;

Understanding the Scope and Claims of a U.S. Patent: A Detailed Analysis of United States Patent 9,833,428

Introduction to U.S. Patents

U.S. patents are granted by the U.S. Patent and Trademark Office (USPTO) to protect inventions that are novel, useful, and nonobvious. The process of obtaining a patent involves several steps, including filing a provisional patent application, followed by a non-provisional patent application, and undergoing patent prosecution[2].

The Importance of Patent Scope and Claims

Patent scope and claims are crucial elements in determining the protection and validity of a patent. The scope of a patent is often measured by metrics such as independent claim length and independent claim count, which can indicate the breadth and clarity of the patent[3].

United States Patent 9,833,428: An Overview

To analyze the scope and claims of United States Patent 9,833,428, we need to delve into its specific details.

Patent Title and Abstract

• Title: The title of the patent provides a brief description of the invention.
• Abstract: The abstract summarizes the main aspects of the invention, including its purpose and key features.

Claims

• Independent Claims: These are the core claims that define the invention. They are typically broader and more general.
• Dependent Claims: These claims are narrower and depend on the independent claims. They often specify particular embodiments or variations of the invention.

Description and Drawings

• Detailed Description: This section provides a comprehensive explanation of the invention, including how it is made and used.
• Drawings: These are visual representations of the invention, which can include diagrams, flowcharts, and other illustrations.

Determining Patent Scope

Metrics for Measuring Patent Scope

• Independent Claim Length: Longer independent claims often indicate a narrower scope, as they provide more detailed descriptions of the invention[3].
• Independent Claim Count: A higher number of independent claims can suggest a broader scope, as it covers more aspects of the invention[3].

Patent Maintenance Payments and Forward Citations

• Patent Maintenance Payments: These payments are required to keep the patent in force. Higher maintenance payments can be associated with patents of greater scope and value.
• Forward Citations: The number of times a patent is cited by later patents can indicate its impact and scope within the field[3].

The Patent Landscape

Historical Context

• Patents have been issued in the United States since 1790, with early patents listed in resources such as the "Digest of Patents: 1790 to 1839" and "List of Patents: 1790 to 1847"[1].

Current Trends

• The landscape of patent law is continually evolving, with debates over patent quality and the breadth of patents. Narrower claims are often associated with a higher probability of grant and a shorter examination process[3].

Patent Prosecution Process

Filing a Provisional Patent Application

• This is the initial step in the patenting process, allowing inventors to file a provisional application that provides temporary protection for one year[2].

Filing a Non-Provisional Patent Application

• After the provisional year, a non-provisional patent application must be filed to continue the patent prosecution process. This application is reviewed by a patent examiner to determine patentability[2].

Examination and Appeal

• The patent examiner reviews the application for patentability, which can lead to arguments and amended claims. If the application is rejected, inventors can appeal to an appeal board or the U.S. court system[2].

Determining Inventorship

True and Only Inventors

• U.S. patent law requires that only the true and only inventors be listed on the patent application. This involves identifying those who conceived the idea and reduced it to practice[5].

Commercial and Financial Aspects

Costs Associated with Patenting

• The cost of drafting and filing a U.S. non-provisional patent application can range from $8,000 to $20,000, with additional costs incurred during patent prosecution and maintenance[2].

Commercial Partnerships

• Commercial partners often cover the costs of patenting if there is a reasonable likelihood of recovering these costs through future commercialization[2].

Key Takeaways

• Patent Scope and Claims: The scope of a patent is crucial and can be measured by metrics such as independent claim length and count.
• Patent Prosecution: The process involves filing provisional and non-provisional applications, followed by examination and potential appeals.
• Inventorship: Only the true and only inventors should be listed on the patent application.
• Commercial Aspects: Patenting costs can be significant, but commercial partnerships can help mitigate these expenses.

FAQs

What are the key requirements for a U.S. patent to be granted?

A U.S. patent must be novel, useful, and nonobvious. The invention must also be enabled, meaning it can teach a person with ordinary skill in the art how to make or use the invention[2].

How long does the patent prosecution process typically take?

The patent prosecution process can take two to five years, depending on the complexity of the invention and the scope of previously prepared material[2].

What is the difference between a provisional and non-provisional patent application?

A provisional patent application provides temporary protection for one year, while a non-provisional patent application is a formal application that starts the national phase of the patenting process[2].

How are patent maintenance payments related to patent scope?

Higher maintenance payments are often associated with patents of greater scope and value, as these patents are more likely to be maintained over their lifetime[3].

Why is determining inventorship important in U.S. patent law?

Determining the true and only inventors is crucial because U.S. patent law requires that only these individuals be listed on the patent application to ensure the patent's validity[5].

Sources

1. NYPL Libguides: How to Search for an Historical U.S. Patent.
2. KU Office of Research: Intellectual Property Protection.
3. SSRN: Patent Claims and Patent Scope.
4. USA.gov: U.S. Patent and Trademark Office (USPTO).
5. Oregon State University: Determining Inventorship for US Patent Applications.

Drugs Protected by US Patent 9,833,428

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	9,833,428		Y
Leo Labs	PICATO	ingenol mebutate	GEL;TOPICAL	202833-002	Jan 23, 2012		DISCN	Yes	No	9,833,428		Y

Foreign Priority and PCT Information for Patent: 9,833,428

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
United Kingdom	0525680.5	Dec 16, 2005

International Family Members for US Patent 9,833,428

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	1988877		C300682	Netherlands
European Patent Office	1988877		PA2014030	Lithuania
European Patent Office	1988877		CA 2014 00042	Denmark
European Patent Office	1988877		C20140025 00111	Estonia
European Patent Office	1988877		C01988877/01	Switzerland