Details for Patent: 10,179,216

Which drugs does patent 10,179,216 protect, and when does it expire?

Patent 10,179,216 protects XHANCE and is included in one NDA.

This patent has fifteen patent family members in twelve countries.

Summary for Patent: 10,179,216

Title:	Nasal delivery devices
Abstract:	A nasal delivery device comprising: a housing (15); a nosepiece (17) for fitting to a nasal cavity of a subject; a mouthpiece (19) through which the subject in use exhales; and a substance supply unit (21) including an actuation member (23) which extends from one end of the housing and is manually actuated to deliver substance to the nasal cavity of the subject; wherein the housing includes a grip section (27) which is disposed at the one end of the housing from which the actuation member extends, said grip section comprising a first, distal part (28) including at least one projecting grip element (29) by which the subject grips the housing in actuating the actuation member, and a second, proximal part (31) providing a recess (33) in which fingers of the subject are located, said recess promoting proper orientation of the delivery device in a hand of the subject.
Inventor(s):	Djupesland; Per Gisle (Oslo, NO), Dudgeon; Kate (Providence, RI), Gordon; Joseph (Mansfield, MA), Guarraia; Mark (Cranston, RI), Leclerc; Michael (Cranston, RI), Mahmoud; Ramy A (Skillman, NJ)
Assignee:	OptiNose AS (Oslo, NO)
Application Number:	14/380,836
Patent Claim Types: see list of patent claims	Use; Delivery; Device;

Understanding the Scope and Claims of United States Patent 10,179,216: A Detailed Analysis

Introduction

United States Patent 10,179,216, titled "Nasal delivery devices," is a significant patent that covers innovative technology in the field of nasal drug delivery. This patent, issued to Optinose, Inc., is part of a broader intellectual property portfolio that protects their proprietary nasal delivery systems. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.

Patent Overview

Publication and Issuance

The patent, US10179216B2, was published on January 15, 2019, and is currently active, with an expiration date determined by the patent term adjustment and any maintenance fees paid[4].

Inventors and Assignees

The patent is assigned to Optinose, Inc., a company known for its advancements in nasal drug delivery systems. The inventors listed on the patent are key contributors to the development of this technology.

Scope of the Patent

General Description

The patent describes a nasal delivery device designed to deliver substances to the nasal cavity of a subject. This device includes a housing, a projecting element, and a mechanism for releasing the substance. The invention is tailored to improve the efficacy and comfort of nasal drug delivery, addressing various conditions such as nasal congestion, allergic rhinitis, and other respiratory issues[4].

Key Components

• Housing: The main body of the device that contains the substance to be delivered.
• Projecting Element: This part of the device extends into the nasal cavity to ensure precise delivery of the substance.
• Delivery Mechanism: This includes the system for releasing the substance, which could be a spray, powder, or other forms of delivery[4].

Claims of the Patent

Independent Claims

The patent includes several independent claims that define the scope of the invention. These claims are crucial as they outline what is considered novel and non-obvious about the invention.

• Claim 1: This claim describes the nasal delivery device comprising a housing, a projecting element, and a delivery mechanism. It specifies the configuration and functionality of these components[4].
• Dependent Claims: These claims further detail specific aspects of the invention, such as the material of the housing, the design of the projecting element, and the type of substance being delivered.

Claim Analysis

The claims are structured to ensure broad protection while maintaining specificity. For instance, the claims cover various types of substances that can be delivered, including drugs, decongestants, and other therapeutic agents. This breadth in claim language is a common strategy to protect the invention from potential infringements[3].

Patent Landscape

Related Patents

Optinose, Inc. has a robust patent portfolio, with US10179216B2 being one of several patents protecting their nasal delivery technology. For example, Optinose has announced the issuance of additional U.S. patents covering their product XHANCE, bringing the total to 13 Orange Book-listed patents[2].

Competitors and Market Impact

The patent landscape in the field of nasal drug delivery is competitive, with several companies developing similar technologies. The issuance of this patent strengthens Optinose's position in the market, providing a competitive edge by protecting their innovative solutions.

Patent Scope Metrics

Independent Claim Length and Count

Research on patent scope suggests that metrics such as independent claim length and count can be indicative of the breadth and clarity of patent claims. Narrower claims, as measured by these metrics, are often associated with a higher probability of grant and a shorter examination process[3].

Examination Process

The examination process for US10179216B2 would have involved a thorough review by the USPTO to ensure that the claims meet the criteria for patentability, including novelty, non-obviousness, and utility. The patent office would have analyzed the claims to determine if they fall within the statutory categories under Section 101 of the Patent Act[1].

Economic and Strategic Implications

Patent Protection and Monopoly Rights

The issuance of this patent grants Optinose exclusive rights to make, use, and sell the nasal delivery device for a period of 20 years from the date of filing. This monopoly right is intended to promote innovation by providing a temporary period of exclusivity, allowing the company to recoup its investment in research and development[1].

Licensing and Litigation

The patent's scope and claims can influence licensing agreements and potential litigation. Broader claims may lead to increased licensing and litigation costs, while narrower claims can provide clearer boundaries and reduce the risk of disputes[3].

Conclusion

United States Patent 10,179,216 is a significant addition to Optinose's intellectual property portfolio, providing comprehensive protection for their innovative nasal delivery devices. The scope and claims of this patent are carefully crafted to ensure broad protection while maintaining specificity, which is crucial in the competitive landscape of nasal drug delivery.

Key Takeaways

• Patent Scope: The patent covers a nasal delivery device with specific components and functionalities.
• Claims Analysis: The claims are structured to provide broad protection while ensuring specificity.
• Patent Landscape: The patent is part of a robust portfolio that strengthens Optinose's market position.
• Economic Implications: The patent grants exclusive rights, influencing licensing and litigation strategies.

FAQs

1. What is the main purpose of United States Patent 10,179,216?

   • The main purpose is to protect the innovative nasal delivery device designed to deliver substances to the nasal cavity.

2. Who is the assignee of this patent?

   • The patent is assigned to Optinose, Inc.

3. What are the key components of the nasal delivery device described in the patent?

   • The key components include a housing, a projecting element, and a delivery mechanism.

4. How long does the patent protection last?

   • The patent protection lasts for 20 years from the date of filing.

5. What is the significance of the patent's claims in terms of legal protection?

   • The claims define the scope of the invention and provide legal protection against infringement by specifying what is considered novel and non-obvious about the device.

Sources

1. BitLaw: Patent Law in the United States - BitLaw
2. Optinose: Optinose Announces Issuance of Four Additional U.S. Patents Covering XHANCE
3. SSRN: Patent Claims and Patent Scope
4. Google Patents: US10179216B2 - Nasal delivery devices - Google Patents

Drugs Protected by US Patent 10,179,216

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Optinose Us Inc	XHANCE	fluticasone propionate	SPRAY, METERED;NASAL	209022-001	Sep 18, 2017		RX	Yes	Yes			Y			METHOD OF DELIVERING FLUTICASONE PROPIONATE TO A NASAL AIRWAY

Foreign Priority and PCT Information for Patent: 10,179,216

PCT Information
PCT Filed	February 25, 2013	PCT Application Number:	PCT/EP2013/053748
PCT Publication Date:	August 29, 2013	PCT Publication Number:	WO2013/124493

International Family Members for US Patent 10,179,216

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Canada	2865355
China	104428024
Denmark	2817053