Details for Patent: 9,951,016

Which drugs does patent 9,951,016 protect, and when does it expire?

Patent 9,951,016 protects AKYNZEO and is included in one NDA.

This patent has eight patent family members in eight countries.

Summary for Patent: 9,951,016

Title:	Crystalline forms of an NK-1 antagonist
Abstract:	The present invention is related to crystalline forms of 2-(3,5-bis(trifluoromethyl)phenyl)-N,2-dimethyl-N-(6-(4-methylpiperazin-1- -yl)-4-(o-tolyl)pyridin-3-yl)propanamide which is an NK-1 antagonist useful in the treatment of induced vomiting and other disorders.
Inventor(s):	Bacilieri; Christian (Breganzona, CH), Frasca; Gionata (Minusio, CH)
Assignee:	HELSINN HEALTHCARE SA (Lugano/Pazzallo, CH)
Application Number:	14/865,370
Patent Claim Types: see list of patent claims	Composition; Formulation; Compound; Delivery; Dosage form;

Understanding the Scope and Claims of United States Patent 9,951,016

Introduction

United States Patent 9,951,016, like any other patent, is a complex document that outlines the invention, its scope, and the claims made by the inventors. To analyze this patent, we need to delve into its various components and understand the broader patent landscape it operates within.

Patent Overview

• Patent Number: 9,951,016
• Title: This information is not provided in the sources, but typically includes a brief description of the invention.
• Inventors: The names of the inventors are crucial as they are the creators of the patented invention.
• Assignee: The entity to which the patent is assigned, which could be a company, university, or individual.
• Filing Date and Issue Date: These dates are important for understanding the timeline of the patent application and grant process.

Claims Analysis

Independent and Dependent Claims

• Independent Claims: These are the standalone claims that define the invention without referencing other claims. They are critical in determining the scope of the patent.
• Dependent Claims: These claims build upon the independent claims and add additional limitations or features. They help to narrow down the scope and provide more specific embodiments of the invention[4].

Claim Construction

• The claims section is where the inventors describe what they believe is their invention. Each claim must be clear, concise, and definite to avoid ambiguity.
• The USPTO's guidance on patent eligibility, such as the 2024 update, emphasizes the importance of integrating judicial exceptions into practical applications to ensure patent eligibility. For example, a claim that merely uses a mathematical model without a practical application would be ineligible, whereas a claim that applies the model to improve a specific technology would be eligible[1].

Scope of the Invention

Background of the Invention

• This section provides context about the existing technology and the problems it addresses.
• It helps in understanding why the invention is necessary and how it improves upon existing solutions.

Summary of the Invention

• A brief overview of what the invention is and how it works.
• This section often includes key features and advantages of the invention.

Detailed Description of the Invention

• A comprehensive explanation of the invention, including drawings, diagrams, and detailed descriptions of each component.
• This section is crucial for understanding the full scope of the invention and how it operates.

Patent Landscape

Prior Art and Related Patents

• Understanding the prior art and related patents is essential to determine the novelty and non-obviousness of the invention.
• Tools like the USPTO's Patent Public Search, Global Dossier, and other international patent databases can be used to search for existing patents and published applications that may be relevant[4].

Competitors and Market Impact

• Analyzing the patent landscape also involves identifying competitors who may hold similar patents or be working on related technologies.
• The market impact of the patented invention, including its potential applications and the industries it could affect, is also a critical aspect.

Practical Applications and Real-World Impact

Real-World Applications

• The 2024 USPTO guidance update emphasizes the importance of highlighting real-world applications of the claimed method or system. This helps in demonstrating how the abstract idea is applied in a way that provides concrete benefits or solves specific problems in the relevant field[1].

Technological Improvements

• The invention must provide tangible benefits and improve related technical fields. For example, if the invention enhances the accuracy of voice commands in hands-free environments, it must specify how this improvement is achieved and what practical applications it has[1].

Legal and Regulatory Considerations

Patent Eligibility

• The patent must meet the criteria for subject matter eligibility as defined by the USPTO and recent case law. This includes integrating judicial exceptions into practical applications and ensuring that the claimed invention offers a concrete technological improvement[1].

International Considerations

• If the invention has global implications, understanding international patent laws and regulations is crucial. Tools like the Common Citation Document (CCD) and databases from other international intellectual property offices can help in this regard[4].

Economic and Strategic Implications

Economic Impact

• The economic impact of the patent, including potential revenue streams, licensing opportunities, and market dominance, is a significant consideration.
• The USPTO's economic research datasets can provide insights into the economic implications of patents and their scope[3].

Strategic Considerations

• The patent strategy of the assignee, including how the patent fits into their broader intellectual property portfolio, is important.
• This involves considering how the patent can be used to protect market share, deter competitors, and drive innovation.

Key Takeaways

• Clear Claims: The claims must be clear and definite to avoid ambiguity and ensure patent eligibility.
• Practical Applications: Highlighting real-world applications is crucial for demonstrating the practical utility of the invention.
• Technological Improvements: The invention must provide tangible benefits and improve related technical fields.
• Legal and Regulatory Compliance: Ensuring the patent meets subject matter eligibility criteria and complies with international regulations is essential.
• Economic and Strategic Implications: Understanding the economic and strategic implications of the patent is vital for maximizing its value.

FAQs

Q: What is the significance of the 2024 USPTO guidance update on AI patent eligibility? A: The update refines and clarifies the process for determining the patent eligibility of AI-related inventions, emphasizing the integration of judicial exceptions into practical applications and ensuring that AI-assisted inventions are evaluated on equal footing with other technologies[1].

Q: How do I search for existing patents related to my invention? A: You can use tools like the USPTO's Patent Public Search, Global Dossier, and other international patent databases to search for existing patents and published applications[4].

Q: What makes a claim patent-eligible according to the USPTO? A: A claim is patent-eligible if it integrates a judicial exception into a practical application, providing meaningful limits and tangible benefits that improve related technical fields[1].

Q: How important is it to specify real-world applications in patent claims? A: Specifying real-world applications is crucial as it demonstrates how the abstract idea is applied in a way that provides concrete benefits or solves specific problems in the relevant field[1].

Q: What resources are available for conducting a preliminary U.S. patent search? A: Resources include the USPTO's Patent Public Search tool, Global Dossier, Patent and Trademark Resource Centers (PTRCs), and the USPTO Public Search Facility[4].

Sources

1. Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility - Mintz
2. U.S. Patent and Trademark Office (USPTO) | USAGov
3. Patent Claims Research Dataset - USPTO
4. Search for patents - USPTO

Drugs Protected by US Patent 9,951,016

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Helsinn Hlthcare	AKYNZEO	netupitant; palonosetron hydrochloride	CAPSULE;ORAL	205718-001	Oct 10, 2014		RX	Yes	Yes			Y	Y

International Family Members for US Patent 9,951,016

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2015323515
Canada	2960599
China	107001275
European Patent Office	3197871
Japan	2017529380
South Korea	20170063768
Taiwan	201613888