Understanding the Scope and Claims of United States Patent 10,213,512
Introduction to Patent 10,213,512
United States Patent 10,213,512, assigned to Foamix Pharmaceuticals Ltd., is a significant patent in the pharmaceutical industry, particularly protecting the drugs AMZEEQ and ZILXI. This patent is part of a larger family of patents with international coverage, highlighting its global importance.
Patent Overview
- Assignee: Foamix Pharmaceuticals Ltd. (Rehovot, IL)
- Inventors: Dov Tamarkin, Elana Gazal, Irakliy Papiashvili, Yohan Hazot, David Schuz, and Rita Keynan
- Application Number: 15/591,733
- Patent Claim Types: Use and Composition claims[1].
Protected Drugs: AMZEEQ and ZILXI
- AMZEEQ: This is a topical minocycline foam used for the treatment of moderate to severe acne vulgaris in adults and pediatric patients 9 years of age and older.
- ZILXI: This is a topical minocycline foam indicated for the treatment of inflammatory lesions of non-nodular moderate to severe acne vulgaris in adults[1].
International Patent Coverage
The patent has twenty-two patent family members in ten countries, including Australia, Brazil, and Canada, ensuring broad international protection for the inventions covered by this patent[1].
Patent Claims and Scope
Claim Types
The patent includes both use and composition claims. Use claims define the specific uses of the invention, while composition claims define the chemical or physical composition of the invention.
Independent Claim Length and Count
Research on patent scope suggests that the length and count of independent claims can be metrics for measuring patent scope. Patents with narrower claims, as indicated by shorter independent claim lengths and fewer independent claims, are often associated with a higher probability of grant and a shorter examination process[3].
Determining Inventorship
Importance of Correct Inventorship
In the United States, determining the true and only inventors is crucial for the validity of a patent. The conception of the idea or subject matter of the patent claims is a key factor in identifying inventors. Conception is defined as the formation in the mind of the inventor of a definite and permanent idea of the complete and operative invention[2].
Consequences of Incorrect Inventorship
Incorrectly naming inventors can lead to a patent being declared invalid. Deceptive intent in naming inventors can render the patent unenforceable, even if the correct inventorship is later established[2].
Patent Litigation and PTAB Cases
Patent 10,213,512 may be involved in various patent litigation and PTAB (Patent Trial and Appeal Board) cases, which can impact its validity and enforceability. These cases often revolve around disputes over inventorship, claim scope, and patent infringement[1].
Patent Expiration and Supplementary Protection Certificates
The patent's expiration date varies by country, with supplementary protection certificates (SPCs) potentially extending the protection period in certain jurisdictions. For example, in Australia, the estimated expiration dates for related patents are available upon subscription to specific services[1].
Economic and Innovation Impact
Patenting Trends
Patents like 10,213,512 are indicators of technological innovation and economic activity. The U.S. patenting system provides exclusive rights to inventors, encouraging innovation by protecting their inventions from unauthorized use[4].
Global Trends
The global landscape of patenting shows that patents are crucial for knowledge transfer and innovation. The U.S. Patent and Trademark Office (USPTO) data provide insights into patenting trends, including the technological areas where patents are most frequently granted[4].
Regulatory Framework
The USPTO is the agency responsible for granting U.S. patents and registering trademarks. The process involves rigorous examination to ensure that patents meet the criteria of being novel, nonobvious, and sufficiently useful[5].
Key Takeaways
- Patent Coverage: Protects AMZEEQ and ZILXI, with international coverage in multiple countries.
- Claim Types: Includes use and composition claims.
- Inventorship: Correct determination of inventors is crucial for patent validity.
- Patent Scope: Narrower claims are associated with higher grant probabilities and shorter examination processes.
- Economic Impact: Patents like 10,213,512 drive innovation and economic activity.
- Regulatory Framework: The USPTO ensures that patents meet strict criteria before grant.
FAQs
Q: What drugs are protected by United States Patent 10,213,512?
A: The patent protects AMZEEQ and ZILXI, both topical minocycline foams used for treating acne.
Q: Why is correct inventorship important for a patent?
A: Correct inventorship is crucial because incorrect naming of inventors can lead to the patent being declared invalid or unenforceable.
Q: How does the length and count of independent claims affect patent scope?
A: Patents with narrower claims, indicated by shorter independent claim lengths and fewer independent claims, are often associated with a higher probability of grant and a shorter examination process.
Q: What is the role of the USPTO in the patent process?
A: The USPTO is responsible for granting U.S. patents and registering trademarks, ensuring that patents meet the criteria of being novel, nonobvious, and sufficiently useful.
Q: How does patent 10,213,512 contribute to global innovation trends?
A: By protecting innovative pharmaceutical products, the patent encourages further innovation and knowledge transfer in the pharmaceutical industry.
Sources
- Drug Patent Watch: "Patent 10,213,512" - https://www.drugpatentwatch.com/p/patent/10213512
- Oregon State University: "Determining Inventorship for US Patent Applications" - https://agsci.oregonstate.edu/sites/agsci/files/main/research/vrc_release_inventorship-gattari.pdf
- SSRN: "Patent Claims and Patent Scope" - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- NSF: "Invention: U.S. and Comparative Global Trends" - https://ncses.nsf.gov/pubs/nsb20204/invention-u-s-and-comparative-global-trends
- USA.gov: "U.S. Patent and Trademark Office (USPTO)" - https://www.usa.gov/agencies/u-s-patent-and-trademark-office
