Details for Patent: 10,220,155
Which drugs does patent 10,220,155 protect, and when does it expire?
Patent 10,220,155 protects OZEMPIC and is included in one NDA.
This patent has fifteen patent family members in thirteen countries.
Summary for Patent: 10,220,155
| Title: | Syringe device with a dose limiting mechanism and an additional safety mechanism | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | A syringe device for ejecting a dose of a medicament, the syringe device comprising: a dose limiting mechanism arranged to interact with a dose ejecting mechanism to prevent ejection of a dose exceeding a set dose, and a safety mechanism, which is arranged such with respect to the dose ejecting mechanism that, if the dose limiting mechanism fails, the safety mechanism prevents ejection of a dose exceeding the set dose. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Jacob Eiland, Christian Peter Enggaard, Claus Schmidt Moller, Tom Hede Markussen | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Novo Nordisk AS | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US11/996,397 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 10,220,155 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; Device; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | United States Patent 10,220,155: Claim Scope, Patent Landscape, Exclusivity and Competitive RiskU.S. Patent No. 10,220,155 protects a spring-assisted syringe or injection-pen architecture with three required control layers: dose setting, dose limiting, and an independent safety mechanism that prevents overdose if the primary limiter fails. The strongest protection is concentrated in claim 1 and claim 7. The patent is directed to a drug-delivery device, not to a particular active pharmaceutical ingredient, formulation, biologic, or therapeutic indication. The principal design-around risk is a device that uses a different automatic-drive architecture, lacks a mechanically redundant safety mechanism, or limits dose through electronic or non-threaded structures. The principal infringement risk is a disposable or reusable pen that uses a threaded piston rod, a rotatable dose selector, a preloaded torsion spring, and a second mechanical limiter that independently caps piston-rod travel. What does U.S. Patent 10,220,155 protect?U.S. Patent 10,220,155 is identified by the supplied claims as a syringe-device patent covering an automatic or assisted dose-ejection mechanism. The patent does not require a specific drug cartridge, needle, therapeutic compound, delivery volume, or indication. Claim 1 requires the accused device to include all of the following:
The claim is a combination claim. A device that has only a torsion spring, only a dose limiter, or only an automatic piston drive does not meet claim 1 unless it also has the other required elements. How broad is independent claim 1?Claim 1 is structurally broad but functionally constrained. It does not limit the claim to insulin, a particular pen format, a particular cartridge, or a particular injection volume. It can potentially cover reusable pens, disposable pens, cartridge-based injectors, and other syringe-like delivery devices if they contain the claimed mechanical arrangement. The most material limitations are:
The phrase "without the aid of a user" narrows the claim toward a spring-assisted ejection system. A device requiring the user to manually depress a button throughout piston travel may fall outside the claim, depending on the mechanism and claim construction. The redundancy requirement is commercially important. Many injection devices use a single dose stop or a single travel limitation. Claim 1 requires a second structure that remains capable of preventing an overdose if the primary limiter does not operate. What additional limitations appear in claims 2 through 8?How does claim 2 narrow the piston-rod structure?Claim 2 requires:
This claim targets a threaded piston-rod arrangement. A device using a non-threaded rack, pawl, cam, hydraulic actuator, or linear actuator may avoid claim 2 while still potentially implicating claim 1. What does claim 3 add?Claim 3 requires the dose limiter or safety structure to limit relative rotational movement between the piston rod and housing to rotation corresponding to the selected dose. This limitation ties the dose quantity to angular travel. It is particularly relevant to pen mechanisms in which piston displacement is generated by screw rotation. What is protected by claims 4 through 6?Claims 4 through 6 cover an end-stop arrangement associated with dose setting. Claim 4 requires:
Claim 5 places the first stopping surface on the dose-setting member. Claim 6 places the first stopping surface on a cylinder coupled to the dose-setting member, with the cylinder adapted to indicate the selected dose. These claims connect dose display and mechanical dose limitation. A dose-indicator cylinder that also carries the maximum or selected-dose stop presents a higher risk under claims 4 through 6 than a device using a visually separate electronic display. What is the scope of claim 7?Claim 7 is the most technically specific dependent claim and may provide the clearest infringement pathway for a conventional screw-driven spring-assisted pen. It requires:
The claim describes a safety limiter that is repositioned during dose setting and then functions as a mechanical stop during ejection. A competitor using the same sequence with different component names would face a meaningful literal-infringement risk. What does claim 8 protect?Claim 8 requires the torsional spring to be pre-strained while the dose-limiting mechanism is in a stopping position. This limitation links the stored spring energy to the initial stop condition. A spring that is tensioned only after the limiter leaves the stopping position may present a non-infringement position, subject to the specification and prosecution history. What is the likely claim construction risk?Several terms require specification and prosecution-history review before a definitive infringement opinion. "Syringe device"The title and claim language use "syringe device," but the structural limitations appear compatible with injection pens and other drug-delivery devices. The term should not automatically be limited to a conventional barrel-and-plunger syringe. "Structure for transforming"The phrase "structure for transforming rotational movement ... into translational movement" may be analyzed under 35 U.S.C. §112(f) if it is treated as a means-plus-function limitation. If so, the claim may be limited to the corresponding structures disclosed in the specification and their statutory equivalents rather than every mechanism that converts rotation into linear motion [2]. "Safety mechanism structure"This phrase is also functionally expressed. The scope may depend on whether the patent discloses a specific limiter, threaded passage, driver relationship, or stopping arrangement as the corresponding structure. "If the dose limiting mechanism fails"This language requires more than two stops that happen to coexist. The second mechanism must be capable of preventing a dose exceeding the selected dose when the primary dose limiter fails. Functional redundancy is central to the claim. How many patents cover this type of injection device?The relevant patent landscape is crowded because spring-assisted drug-delivery devices combine several mature technology areas:
Major drug-delivery companies, device manufacturers and platform suppliers have historically sought protection in these areas, including Novo Nordisk, Sanofi, Eli Lilly, Ypsomed, SHL Medical and other injector-platform companies. The existence of patents in these portfolios does not establish that any particular family reads on Patent 10,220,155 or that any company is challenging it. What is the patent term and expiration date?The patent issued on February 26, 2019, based on the patent number and issue sequence. The issue date alone does not establish the expiration date. U.S. utility patents generally expire 20 years from the earliest effective nonprovisional filing date, subject to patent-term adjustment, terminal disclaimers, patent-term extension, and the priority chain recorded in the patent file [3]. A continuation may therefore expire on the same date as an earlier parent application even if it issued years later. Patent 10,220,155 is a device patent. It does not receive Hatch-Waxman drug exclusivity merely because the device delivers a medicinal product. Patent-term extension under 35 U.S.C. §156 is generally associated with regulatory review of a covered product and must be evaluated against the particular product and regulatory approval record [4].
What is the Orange Book status of Patent 10,220,155?Patent 10,220,155 is not, based on the supplied claims, a drug-substance, formulation, composition, or method-of-use patent. Its claims are directed to a syringe device. The FDA Orange Book lists patents submitted for approved drug products, including qualifying patents covering drug substances, formulations, compositions, and methods of use. A standalone injector-device patent is not automatically an Orange Book-listed patent for every drug administered through that device [5]. A device patent could become commercially relevant to an abbreviated new drug application if a drug product's approved presentation or delivery system depends on the patented device. That would require a product-specific listing and regulatory analysis. The patent claims alone do not establish an Orange Book listing. Does Patent 10,220,155 create Paragraph IV risk?Paragraph IV risk is product-specific. An ANDA applicant makes a Paragraph IV certification when it asserts that a listed patent is invalid, unenforceable, or will not be infringed by the proposed generic product [6]. For this patent:
A Paragraph IV certification and an actual lawsuit cannot be inferred from the existence of the patent. What biosimilar risk exists?The patent does not claim a biologic, biosimilar molecule, cell line, manufacturing process, or formulation. It therefore creates no direct biosimilar-molecule barrier. A biologic sponsor could still assert the patent against a biosimilar presentation using the claimed injector. That risk would depend on:
The strongest biosimilar risk is presentation-specific, not molecule-wide. What generic launch scenarios exist?
The highest-risk launch is a pen that duplicates the claimed mechanical sequence: dose selection, limiter withdrawal, spring loading, user initiation, automatic piston movement, and secondary overdose prevention. What manufacturing and intellectual-property barriers matter?The claims do not cover only the final commercial appearance. They reach internal mechanical relationships that may be difficult to change without affecting dose accuracy and user experience. Potential barriers include:
A design-around that changes the external housing but preserves the internal limiter and driver relationships may not avoid the claims. Conversely, changing the actuation principle from torsion-spring rotation to a motor, compression spring, pneumatic drive, or direct manual actuation may materially reduce risk. What litigation, licensing and settlement information is material?The claims alone do not establish any infringement action, Paragraph IV notice, settlement, covenant not to sue, or license involving Patent 10,220,155. Those issues require review of USPTO Patent Center, federal court dockets, International Trade Commission records, FDA listing data, and assignment records. The most important legal documents would be:
No licensing economics, royalty rate, settlement payment, or product revenue exposure can be attributed to this patent from the claim language. How strong is the patent estate?The individual claim set is strongest where a competitor uses all of the following:
The estate is weaker against:
The patent's commercial value depends less on the active drug and more on whether the protected architecture is embedded in a platform used across multiple products. Key Takeaways
FAQs About U.S. Patent 10,220,155Can a prefilled syringe infringe Patent 10,220,155?A conventional manually operated prefilled syringe is less likely to meet the claims because the claims require a rotatable dose-setting member and a pre-strained torsional spring that assists ejection. A prefilled syringe incorporating those mechanisms could present risk. Does the patent cover insulin specifically?No. The supplied claims do not identify insulin or any other active ingredient. They cover device structure and operation. Does a motor-driven injector automatically avoid the patent?No. A motor-driven device may avoid the torsion-spring limitation, but the full design must be compared against every claim limitation, including equivalents and any additional claims in the patent. Can a company sell the same injector with a different drug?Changing the drug does not avoid infringement if the device itself practices an unexpired claim. The patent is directed to the syringe-device architecture. Is a patent expiration date of 2039 implied because the patent issued in 2019?No. U.S. utility-patent term is generally measured from the earliest effective nonprovisional filing date, not the issue date. A 2019 issue date does not imply expiration in 2039 [3]. References
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Drugs Protected by US Patent 10,220,155
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Novo | OZEMPIC | semaglutide | SOLUTION;SUBCUTANEOUS | 209637-001 | Dec 5, 2017 | DISCN | Yes | No | 10,220,155 | ⤷ Start Trial | Y | Y | ⤷ Start Trial | |||
| Novo | OZEMPIC | semaglutide | SOLUTION;SUBCUTANEOUS | 209637-004 | Oct 6, 2022 | RX | Yes | Yes | 10,220,155 | ⤷ Start Trial | Y | Y | ⤷ Start Trial | |||
| Novo | OZEMPIC | semaglutide | SOLUTION;SUBCUTANEOUS | 209637-002 | Apr 9, 2019 | RX | Yes | Yes | 10,220,155 | ⤷ Start Trial | Y | Y | ⤷ Start Trial | |||
| >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: 10,220,155
| Foriegn Application Priority Data | ||
| Foreign Country | Foreign Patent Number | Foreign Patent Date |
| 05016286 | Jul 27, 2005 | |
| PCT Information | |||
| PCT Filed | July 17, 2006 | PCT Application Number: | PCT/EP2006/007006 |
| PCT Publication Date: | February 15, 2007 | PCT Publication Number: | WO2007/017053 |
International Family Members for US Patent 10,220,155
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Austria | E447992 | ⤷ Start Trial | |||
| Australia | 2006278928 | ⤷ Start Trial | |||
| Brazil | PI0613926 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
