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Last Updated: June 20, 2025

Details for Patent: 10,179,137


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Which drugs does patent 10,179,137 protect, and when does it expire?

Patent 10,179,137 protects SERNIVO and is included in one NDA.

This patent has seven patent family members in five countries.

Summary for Patent: 10,179,137
Title:Topical formulations comprising a steroid
Abstract: The application provides formulations for the topical administration of an active agent comprising at least one steroid, in the form of topical sprays that are propellant-free, and/or substantially non-foaming, and/or alcohol-free. The present application also provides processes for preparing such compositions and methods of using them in management of skin diseases or disorders such as psoriasis, dermatoses, and other associated skin diseases or disorders.
Inventor(s): Ubaidulla; Udhumansha (Namakkal, IN), Kandavilli; Sateesh (Plainsboro, NJ), Vairale; Ajay Sunil (Hyderbad, IN), Wayne; Jeffrey A. (Markham, CA), Nalamothu; Vijendra (Basking Ridge, NJ), Meghal; Mistry (Ahmedabad, IN), Pakunlu; Refika Isil (Highland Park, NJ)
Assignee: PROMIUS PHARMA LLC (Princeton, NJ)
Application Number:16/054,353
Patent Claim Types:
see list of patent claims
Use; Composition; Device;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 10,179,137: A Comprehensive Analysis

Introduction

When analyzing a patent, it is crucial to delve into its scope, claims, and the broader patent landscape to fully comprehend its significance and implications. This article will provide a detailed analysis of United States Patent 10,179,137, focusing on its claims, the context within which it was granted, and the relevant legal and practical considerations.

What is a Patent?

A patent is a form of intellectual property that gives the patent holder the exclusive right to make, use, and sell an invention for a specified period, typically 20 years from the filing date of the patent application[2].

The Role of the USPTO

The United States Patent and Trademark Office (USPTO) is the agency responsible for granting U.S. patents and registering trademarks. The USPTO ensures that patents are granted to inventions that meet the criteria of novelty, non-obviousness, and utility[2].

Patent Claims

Patent claims are the legal definitions of the invention and define the scope of protection granted by the patent. They are critical in determining what is protected and what is not. The USPTO provides detailed datasets on patent claims, which can be used to analyze the scope and complexity of patents[3].

Understanding Patent Scope

The scope of a patent is determined by its claims. A broader claim scope generally provides more extensive protection, while narrower claims offer less protection but may be easier to defend. The Patent Claims Research Dataset by the USPTO provides tools to measure patent scope, including claim-level statistics and document-level statistics[3].

Patent 10,179,137: Overview

To analyze Patent 10,179,137, one must start by examining its title, abstract, and claims. Here is a general outline:

  • Title and Abstract: These sections provide a brief description of the invention.
  • Claims: These are the specific legal definitions of what is protected by the patent.

Claims Analysis

Each claim in a patent defines a specific aspect of the invention. There are independent claims and dependent claims:

  • Independent Claims: These stand alone and define the invention without reference to other claims.
  • Dependent Claims: These refer back to and further limit the independent claims.

For example, if a patent has an independent claim that describes a method for manufacturing a product, a dependent claim might specify a particular material used in that method.

Obviousness-Type Double Patenting (ODP)

ODP is a doctrine that prevents an inventor from securing a second, later-expiring patent for an invention that is not patentably distinct from an earlier patent. This is relevant when analyzing the validity of claims, especially in cases where multiple patents are derived from the same application or family of applications[1].

Patent Term Adjustment (PTA)

PTA is a mechanism to extend the term of a patent if the USPTO delays in processing the application. This adjustment ensures that the effective term of the patent is not reduced due to administrative delays. However, PTA does not extend the term past the date of a terminal disclaimer, which is often used to overcome ODP rejections[1].

Legal Considerations

Terminal Disclaimers

A terminal disclaimer is a statement by the patentee that the term of the later patent will not extend beyond the term of the earlier patent. This is often used to overcome ODP rejections and ensures that the later patent does not extend the monopoly period beyond what was originally intended[1].

Ex Parte Reexamination

Ex parte reexamination is a process where the USPTO reevaluates the validity of a patent based on new prior art or other grounds. This process can lead to the invalidation of claims if they are found to be unpatentable over prior art or due to ODP[1].

Practical Implications

Patent Litigation

Understanding the scope and claims of a patent is crucial in patent litigation. A well-defined claim scope can help in defending against infringement claims or in asserting infringement against others.

Licensing and Commercialization

The clarity and breadth of patent claims also impact licensing and commercialization strategies. Broader claims may attract more licensing interest, but they also increase the risk of litigation.

Small Claims Patent Court

There have been discussions and studies on the feasibility of a small claims patent court, which could provide a more streamlined and cost-effective way to resolve patent disputes, especially for smaller entities. This could significantly impact how patent claims are enforced and defended[5].

Key Takeaways

  • Patent Claims Define Protection: The claims section of a patent is crucial in determining the scope of protection.
  • ODP and PTA: Understanding ODP and PTA is essential in analyzing the validity and term of a patent.
  • Legal and Practical Considerations: Terminal disclaimers, ex parte reexamination, and potential small claims patent courts are all relevant factors in the patent landscape.
  • Data Analysis: Utilizing datasets like the Patent Claims Research Dataset can provide insights into patent scope and complexity.

FAQs

What is the purpose of patent claims?

Patent claims legally define the invention and determine the scope of protection granted by the patent.

How does Obviousness-Type Double Patenting (ODP) affect patents?

ODP prevents an inventor from securing a second, later-expiring patent for an invention that is not patentably distinct from an earlier patent.

What is Patent Term Adjustment (PTA)?

PTA extends the term of a patent if the USPTO delays in processing the application, ensuring the effective term is not reduced due to administrative delays.

What is a terminal disclaimer in patent law?

A terminal disclaimer is a statement by the patentee that the term of the later patent will not extend beyond the term of the earlier patent, often used to overcome ODP rejections.

Why is understanding patent scope important?

Understanding patent scope is crucial for defending against infringement claims, asserting infringement, and in licensing and commercialization strategies.

Sources

  1. In re Cellect - United States Court of Appeals for the Federal Circuit[1]
  2. U.S. Patent and Trademark Office (USPTO) - USAGov[2]
  3. Patent Claims Research Dataset - USPTO[3]
  4. What Is the Probability of Receiving a US Patent? - YJOLT[4]
  5. U.S. Patent Small Claims Court - ACUS[5]

More… ↓

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Drugs Protected by US Patent 10,179,137

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Primus Pharms SERNIVO betamethasone dipropionate SPRAY;TOPICAL 208079-001 Feb 5, 2016 RX Yes Yes 10,179,137 ⤷  Try for Free Y TREATMENT OF PLAQUE PSORIASIS ⤷  Try for Free
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

Foreign Priority and PCT Information for Patent: 10,179,137

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
India2111/CHE/2009Aug 31, 2009

International Family Members for US Patent 10,179,137

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Denmark 2473161 ⤷  Try for Free
European Patent Office 2473161 ⤷  Try for Free
European Patent Office 3141246 ⤷  Try for Free
Spain 2637447 ⤷  Try for Free
Japan 2013503203 ⤷  Try for Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.