Understanding the Scope and Claims of United States Patent 10,220,023
Introduction
United States Patent 10,220,023, issued on March 5, 2019, is a significant patent in the pharmaceutical industry, particularly in the field of immunomodulatory therapies. This patent, assigned to Actelion Pharmaceuticals Ltd., pertains to a dosing regimen for a selective S1P1 receptor agonist. Here, we will delve into the details of the patent, including its scope, claims, and the broader patent landscape.
Patent Overview
The patent titled "Dosing regimen for a selective S1P1 receptor agonist" describes a specific dosing regimen for the compound (R)-5-[3-chloro-4-(2,3-dihydroxy-propoxy)-benz[Z]ylidene]-2-([Z]-propylimino)-3-o-tolyl-thiazolidin-4-one, hereinafter referred to as "Compound 1"[4].
Inventors and Assignees
The inventors listed on the patent are Jasper Dingemanse, Matthias Hoch, and Andreas Krause. The assignee is Actelion Pharmaceuticals Ltd., a company known for its innovative approaches in treating diseases associated with an activated immune system[2][4].
Claims
The claims section of the patent is crucial as it defines the scope of protection for the invention. Here are some key aspects of the claims:
- Dosing Regimen: The patent claims a specific dosing regimen for Compound 1, which includes an initial titration phase followed by a maintenance dose. This regimen is designed to minimize adverse effects during the initiation or re-initiation of treatment[4].
- Therapeutic Use: The claims specify the use of Compound 1 in the treatment and/or prevention of diseases or disorders associated with an activated immune system, such as multiple sclerosis[4].
- Pharmacological Effects: The patent describes the pharmacological effects of Compound 1, including its ability to reduce the number of peripheral blood lymphocytes in a consistent, sustained, and dose-dependent manner[4].
Specification
The specification section provides a detailed description of the invention, including:
- Related Prior Art: A discussion of previously issued patents and other publications relevant to the invention.
- Description of Drawings: Although not required for process or method inventions, any drawings included must conform to patent office guidelines and clearly illustrate the technical details of the invention[1].
- Technical Problem: The specification explains how the invention solves a specific technical problem, in this case, the need for an effective and safe dosing regimen for a selective S1P1 receptor agonist.
- Preferred Embodiment: The preferred embodiment of the invention is described in sufficient detail so that anyone of ordinary skill in the same technical field can understand and replicate it[1].
Patent Landscape
The patent landscape surrounding US 10,220,023 is complex and involves several related patents and exclusivities:
- Related Patents: Other patents held by Actelion Pharmaceuticals Ltd. include those related to thiazolidin-4-one derivatives and their use in treating immune system disorders. These patents, such as US 8,273,779 and US 9,000,018, also expire at different dates, with some expiring as early as November 2024[2].
- Exclusivities: The FDA grants exclusivity periods that can run concurrently with patent protection. For the drug related to this patent, a new chemical entity exclusivity period is set to expire on March 18, 2026[2].
Genus Claims and Enablement
In the pharmaceutical and biotechnology industries, genus claims are common but have become increasingly challenging due to recent jurisprudence. The Federal Circuit’s heightened test for enablement and the broader application of the written description doctrine have created uncertainty. For patents like US 10,220,023, the scope of claims must be carefully drafted to ensure they are neither too broad nor too narrow, as both scenarios can lead to significant issues in patent protection[3].
Patent Expiration and Impact
The patent is set to expire on December 10, 2035. This expiration date is significant because it marks the end of the exclusive rights granted to Actelion Pharmaceuticals Ltd. for this specific dosing regimen. After expiration, generic versions of the drug could potentially enter the market, provided they meet the FDA's bioequivalence requirements and do not infringe on any remaining patents or exclusivities[2].
Clinical and Commercial Implications
The dosing regimen described in US 10,220,023 has clinical and commercial implications:
- Treatment of Diseases: The regimen is designed to treat diseases associated with an activated immune system, such as multiple sclerosis. This provides a specific treatment option for patients and a market opportunity for the pharmaceutical company.
- Competitive Landscape: The patent protection and exclusivity periods give Actelion Pharmaceuticals Ltd. a competitive advantage in the market. However, as patents expire and generic versions become available, the competitive landscape may change[4].
Key Takeaways
- Specific Dosing Regimen: The patent describes a specific dosing regimen for a selective S1P1 receptor agonist to minimize adverse effects.
- Therapeutic Use: The invention is used to treat diseases associated with an activated immune system.
- Patent Landscape: The patent is part of a broader landscape involving related patents and FDA exclusivities.
- Expiration Date: The patent expires on December 10, 2035, which will impact the exclusive rights of Actelion Pharmaceuticals Ltd.
- Clinical and Commercial Implications: The patent has significant implications for both clinical treatment options and the commercial market.
FAQs
Q: What is the main subject of United States Patent 10,220,023?
A: The main subject is a dosing regimen for a selective S1P1 receptor agonist, specifically the compound (R)-5-[3-chloro-4-(2,3-dihydroxy-propoxy)-benz[Z]ylidene]-2-([Z]-propylimino)-3-o-tolyl-thiazolidin-4-one.
Q: Who are the inventors listed on the patent?
A: The inventors are Jasper Dingemanse, Matthias Hoch, and Andreas Krause.
Q: What is the assignee of the patent?
A: The assignee is Actelion Pharmaceuticals Ltd.
Q: What is the expiration date of the patent?
A: The patent is set to expire on December 10, 2035.
Q: What are the clinical implications of this patent?
A: The patent describes a dosing regimen for treating diseases associated with an activated immune system, such as multiple sclerosis.
Cited Sources
- How to Read a U.S. Patent - Research Guides, Queens University Library.
- Generic Ponvory Availability - Drugs.com.
- Eviscerating Patent Scope - DigitalCommons@NYLS.
- US10220023B2 - Dosing regimen for a selective S1P1 receptor agonist - Google Patents.