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Last Updated: December 25, 2024

Details for Patent: 9,919,024


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Summary for Patent: 9,919,024
Title:Formulations of guanylate cyclase C agonists and methods of use
Abstract: The invention provides low-dose formulations of guanylate cyclase-C ("GCC") agonist peptides and methods for their use. The formulations of the invention can be administered either alone or in combination with one or more additional therapeutic agents, preferably an inhibitor of cGMP-dependent phosphodiesterase or a laxative.
Inventor(s): Comiskey; Stephen (Doylestown, PA), Feng; Rong (Langhorne, PA), Foss; John (Doylestown, PA), Shailubhai; Kunwar (Audubon, PA)
Assignee: SYNERGY PHARMACEUTICALS, INC. (New York, NY)
Application Number:15/467,648
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,919,024
Patent Claim Types:
see list of patent claims
Use; Composition;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 9,919,024: A Detailed Analysis

Introduction

United States Patent 9,919,024, 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 specifics, including the background of the invention, the detailed description of the claims, and the broader patent landscape it operates within.

Background of the Invention

Before diving into the specifics of the patent, it is crucial to understand the context in which it was filed. This includes the technological field it pertains to, the problems it aims to solve, and any relevant prior art. The background section of the patent typically provides this information, setting the stage for the invention's significance and novelty.

Detailed Description of the Claims

Claim Structure

The claims section of a patent is the most critical part, as it defines the scope of protection granted to the inventor. Claims are typically divided into independent and dependent claims. Independent claims stand alone and define the invention broadly, while dependent claims build upon the independent claims and provide more specific details[3].

Claim Analysis

For United States Patent 9,919,024, each claim must be analyzed to understand what is being protected. Here are some key points to consider:

  • Independent Claims: These claims should be broad yet specific enough to cover the core aspects of the invention. They set the foundation for what is considered novel and non-obvious.
  • Dependent Claims: These claims narrow down the invention by adding specific limitations or features. They help in distinguishing the invention from prior art and can provide additional protection against infringement.

Examples from Recent Guidance

The 2024 USPTO guidance update on AI patents provides valuable insights into how claims should be structured to ensure patent eligibility. For instance, the guidance emphasizes the importance of integrating judicial exceptions into practical applications. This means that claims should not merely involve abstract ideas or routine data processing but must add meaningful limits that transform the idea into a patent-eligible invention[1].

Scope of Protection

The scope of protection for a patent is defined by its claims. Here are some key aspects to consider:

Practical Applications

The claims must demonstrate how the invention is applied in a practical manner. For example, if the patent involves AI technology, the claims should specify how the AI is used to solve a real-world problem, such as improving speech recognition accuracy in hands-free environments[1].

Novelty and Non-Obviousness

The invention must be novel and non-obvious over the prior art. This involves a thorough analysis of existing patents and publications to ensure that the claimed invention is not anticipated or rendered obvious by what has come before.

Patent Landscape

Related Patents and Prior Art

Understanding the patent landscape involves identifying related patents and prior art that could impact the validity or scope of the patent. This includes analyzing patents that may be considered prior art, as well as any ongoing or pending patent applications in the same field.

Obviousness-Type Double Patenting (ODP)

In cases where multiple patents are filed from the same application or priority date, there is a risk of obviousness-type double patenting (ODP). This occurs when multiple patents claim the same invention or obvious variations thereof, potentially extending the patent term beyond what is legally permissible[4].

Case Law and Regulatory Framework

Recent Case Law

Recent court decisions can significantly impact how patents are interpreted and enforced. For example, the Federal Circuit's decision in In re Cellect highlights the importance of ODP analysis in ensuring that patents do not unfairly extend their term[4].

USPTO Guidance

The USPTO's guidance updates, such as the 2024 update on AI patents, provide critical insights into how the office evaluates patent eligibility. These updates often reflect changes in case law and regulatory policies, ensuring that patent practitioners stay aligned with current standards[1].

Economic and Statistical Context

Patent Claims Research Dataset

The USPTO's Patent Claims Research Dataset provides valuable statistical insights into patent claims and their scope. This dataset can help in understanding trends and patterns in patent filings, which can be useful in strategizing patent applications and enforcement[3].

Real-World Applications and Benefits

Demonstrating Practical Utility

To bolster the argument for patent eligibility, it is crucial to demonstrate the real-world applications and benefits of the invention. For instance, if the patent involves a method for improving speech recognition, specifying how this method enhances accuracy in hands-free environments can provide clear practical utility[1].

Key Takeaways

  • Claim Structure and Analysis: Understanding the structure and specifics of each claim is essential for determining the scope of protection.
  • Practical Applications: Claims must integrate judicial exceptions into practical applications to ensure patent eligibility.
  • Novelty and Non-Obviousness: The invention must be novel and non-obvious over prior art.
  • Patent Landscape: Analyzing related patents and prior art is crucial for understanding the patent's validity and scope.
  • Regulatory Framework: Staying updated with USPTO guidance and case law is vital for navigating the patent landscape effectively.

FAQs

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

Integrating judicial exceptions into practical applications ensures that the claim is transformed into patent-eligible subject matter by adding meaningful limits and providing concrete technological improvements[1].

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

The USPTO evaluates AI-related inventions by focusing on whether the claimed invention integrates a judicial exception into a practical application, and whether the method of invention development using AI impacts subject matter eligibility[1].

What is obviousness-type double patenting (ODP), and how does it affect patent validity?

ODP occurs when multiple patents claim the same invention or obvious variations thereof, potentially extending the patent term. It is a critical issue in patent law that ensures patents do not unfairly extend their term[4].

How can the USPTO's Patent Claims Research Dataset be useful in patent strategy?

The dataset provides detailed information on claims from U.S. patents, helping in understanding trends and patterns in patent filings, which can be useful in strategizing patent applications and enforcement[3].

What role does case law play in interpreting and enforcing patents?

Case law, such as decisions from the Federal Circuit, provides interpretations of patent laws and regulations, influencing how patents are evaluated and enforced. It helps in aligning patent practices with current legal standards[4].

Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
  2. ALLERGAN USA, INC. v. MSN LABORATORIES PRIVATE LTD. - United States Court of Appeals for the Federal Circuit
  3. Patent Claims Research Dataset - USPTO
  4. In re Cellect - United States Court of Appeals for the Federal Circuit

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Drugs Protected by US Patent 9,919,024

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Salix TRULANCE plecanatide TABLET;ORAL 208745-001 Jan 19, 2017 RX Yes Yes 9,919,024 ⤷  Subscribe IRRITABLE BOWEL SYNDROME WITH CONSTIPATION ⤷  Subscribe
Salix TRULANCE plecanatide TABLET;ORAL 208745-001 Jan 19, 2017 RX Yes Yes 9,919,024 ⤷  Subscribe CHRONIC IDIOPATHIC CONSTIPATION ⤷  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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