Details for Patent: 10,047,097

Which drugs does patent 10,047,097 protect, and when does it expire?

Patent 10,047,097 protects VITRAKVI and is included in two NDAs.

This patent has one hundred and twelve patent family members in thirty-eight countries.

Summary for Patent: 10,047,097

Title:	Method of treatment using substituted pyrazolo[1,5-a] pyrimidine compounds
Abstract:	Compounds useful in the synthesis of compounds for treating pain, cancer, inflammation, neurodegenerative disease or Typanosoma cruzi infection in a mammal.
Inventor(s):	Haas; Julia (Boulder, CO), Andrews; Steven W. (Boulder, CO), Jiang; Yutong (Boulder, CO), Zhang; Gan (Boulder, CO)
Assignee:	Array BioPharma Inc. (Boulder, CO)
Application Number:	15/860,948
Patent Claim Types: see list of patent claims	Use; Formulation; Dosage form;

Analyzing the Scope and Claims of a U.S. Patent: A Detailed Guide Using the Example of U.S. Patent 10,047,097

Introduction

When analyzing the scope and claims of a U.S. patent, it is crucial to understand the various components and tools available for patent research. This article will provide a comprehensive guide on how to conduct such an analysis, using U.S. Patent 10,047,097 as an example.

Understanding Patent Claims

Patent claims are the heart of a patent, defining the scope of the invention for which protection is sought. These claims must be clear, concise, and fully supported by the patent's description and drawings[3].

Types of Claims

• Independent Claims: These claims stand alone and do not depend on other claims.
• Dependent Claims: These claims refer back to and further limit another claim or claims.
• Method Claims: Describe a process or method.
• Apparatus Claims: Describe a device or system.
• Composition of Matter Claims: Describe a chemical compound or mixture.

Tools for Patent Research

Several tools and databases are available for conducting thorough patent research.

Patent Public Search

The USPTO's Patent Public Search tool is a powerful resource that replaced older tools like PubEast, PubWest, PatFT, and AppFT. It offers two modern interfaces, enhancing access to prior art and improving the overall search process[1].

Global Dossier

This service provides access to the file histories of related applications from participating IP Offices, including the IP5 Offices. It helps users identify patent families, view dossier, classification, and citation data, and download documents[1].

Patent and Trademark Resource Centers (PTRCs)

These centers offer local search resources and training in patent search techniques, making them invaluable for researchers[1].

Common Citation Document (CCD)

The CCD consolidates prior art cited by all participating offices for the family members of a patent application, allowing users to visualize search results from multiple offices on a single page[1].

Analyzing U.S. Patent 10,047,097

Patent Details

To analyze U.S. Patent 10,047,097, start by retrieving the patent document from the USPTO's Patent Public Search or other patent databases.

Title and Abstract

• Title: The title provides a brief description of the invention.
• Abstract: The abstract gives a concise summary of the invention.

Background of the Invention

This section provides context and explains the problem the invention solves.

Summary of the Invention

This section outlines the key aspects of the invention.

Detailed Description of the Invention

Here, you will find detailed explanations of the invention, including drawings and figures.

Claims Analysis

Independent Claims

Identify the independent claims, which define the broadest scope of the invention.

Dependent Claims

Analyze the dependent claims, which further limit the independent claims and provide additional details.

Claim Construction

Understand the claim construction, which involves interpreting the meaning of the claim terms. This is crucial in patent litigation, as seen in cases like Contour IP Holding LLC v. GoPro, Inc.[2].

Prior Art and Citation Analysis

Use tools like the Common Citation Document (CCD) to identify prior art cited by various patent offices. This helps in understanding how the invention differs from existing technologies[1].

Patent Scope and Measurements

The USPTO's Patent Claims Research Dataset can provide insights into patent scope measurements. This dataset includes detailed information on claims from U.S. patents and applications, helping to analyze the breadth and depth of the patent claims[3].

Legal Considerations

Patentability

Ensure the claims are directed to patent-eligible subject matter. The Supreme Court's "Alice" test is often used to determine if claims are directed to abstract ideas, which are not patentable[2].

Infringement Analysis

Analyze whether other products or processes infringe on the patent claims. This involves comparing the claims with the allegedly infringing product or process.

Practical Applications

Licensing and Enforcement

Understanding the scope and claims of a patent is crucial for licensing and enforcement. It helps in identifying potential infringers and negotiating licensing agreements.

Innovation and R&D

For researchers and developers, analyzing patent claims can guide innovation by identifying areas not covered by existing patents.

Case Study: Contour IP Holding LLC v. GoPro, Inc.

In the case of Contour IP Holding LLC v. GoPro, Inc., the court had to determine whether GoPro's products infringed on Contour's patents. The analysis involved claim construction and determining whether the claims were directed to patent-eligible subject matter. This case highlights the importance of thorough claim analysis in patent litigation[2].

Key Takeaways

• Thorough Claim Analysis: Understanding the claims is essential for determining the scope of protection.
• Use of Patent Databases: Tools like Patent Public Search, Global Dossier, and CCD are vital for comprehensive patent research.
• Legal Considerations: Ensure claims are directed to patent-eligible subject matter and analyze for potential infringement.
• Practical Applications: Accurate analysis aids in licensing, enforcement, and guiding innovation.

FAQs

What is the purpose of the Common Citation Document (CCD)?

The CCD provides a single point of access to up-to-date citation data relating to the patent applications of the IP5 Offices, consolidating prior art cited by all participating offices[1].

How do I conduct a preliminary U.S. patent search?

Use the USPTO's Patent Public Search tool and follow the multi-step strategy outlined in the USPTO's web-based tutorial[1].

What is the difference between independent and dependent claims?

Independent claims stand alone and define the broadest scope of the invention, while dependent claims refer back to and further limit another claim or claims[3].

How do I determine if a patent claim is directed to patent-eligible subject matter?

Use the Supreme Court's "Alice" test to determine if the claims are directed to abstract ideas and whether they include elements that transform them into a patent-eligible application[2].

What resources are available for analyzing patent scope measurements?

The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents and applications, including newly-developed measures of patent scope[3].

Sources

1. USPTO - Search for Patents: https://www.uspto.gov/patents/search
2. CAFC - Contour IP Holding LLC v. GoPro, Inc.: https://cafc.uscourts.gov/opinions-orders/22-1654.OPINION.9-9-2024_2381170.pdf
3. USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
4. Harvard Business School - Patent Search: A Comparative Table of Databases: https://asklib.library.hbs.edu/faq/266950
5. ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court

Drugs Protected by US Patent 10,047,097

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Bayer Hlthcare	VITRAKVI	larotrectinib sulfate	CAPSULE;ORAL	210861-001	Nov 26, 2018		RX	Yes	No	10,047,097					METHOD OF TREATING SOLID TUMORS THAT EXHIBIT AN NTRK GENE FUSION AFTER SURGICAL RESECTION
Bayer Hlthcare	VITRAKVI	larotrectinib sulfate	CAPSULE;ORAL	210861-002	Nov 26, 2018		RX	Yes	Yes	10,047,097					METHOD OF TREATING SOLID TUMORS THAT EXHIBIT AN NTRK GENE FUSION AFTER SURGICAL RESECTION
Bayer Healthcare	VITRAKVI	larotrectinib sulfate	SOLUTION;ORAL	211710-001	Nov 26, 2018		RX	Yes	Yes	10,047,097					METHOD OF TREATING SOLID TUMORS THAT EXHIBIT AN NTRK GENE FUSION AFTER SURGICAL RESECTION

International Family Members for US Patent 10,047,097

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	3106463		301033	Netherlands
European Patent Office	3106463		PA2020504	Lithuania
European Patent Office	3106463		CA 2020 00013	Denmark
European Patent Office	3106463		122020000012	Germany
European Patent Office	3106463		LUC00150	Luxembourg