Details for Patent: 10,231,983

Which drugs does patent 10,231,983 protect, and when does it expire?

Patent 10,231,983 protects KORLYM and is included in one NDA.

This patent has one patent family member in one country.

Summary for Patent: 10,231,983

Title:	Use of ACTH in assessment and prophylactic treatment of hypokalemia associated with glucocorticoid receptor modulator treatment of Cushing's syndrome patients
Abstract:	This invention provides new methods for a) identifying Cushing's Syndrome patients at high risk of developing hypokalemia during glucocorticoid receptor modulator (GRM) treatment, and b) for prophylactically treating such patients to prevent, or reduce the severity of, hypokalemia. Patients at such high risk may be identified prior to their developing hypokalemia. Such a patient may be an adult patient with endogenous Cushing's Syndrome having type 2 diabetes mellitus or glucose intolerance to control hyperglycemia secondary to hypercortisolism. Patients may be identified by an above-threshold level of ACTH or cortisol in a patient sample taken post-GRM administration or pre-GRM administration, respectively. Upon identifying such a patient prior to the development of low potassium, the present methods provide for prophylactically treating the patient by administration of one or more hypokalemia treatments concurrently with an increased dose of GRM or with an initial dose of GRM to prevent hypokalemia.
Inventor(s):	Moraitis; Andreas (Menlo Park, CA)
Assignee:	Corcept Therapeutics, Inc. (Menlo Park, CA)
Application Number:	16/109,561
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 10,231,983
Patent Claim Types: see list of patent claims	Use;

Analyzing the Scope and Claims of a Patent: A Detailed Guide Using United States Patent 10,231,983 as an Example

Introduction

When analyzing a patent, understanding its scope and claims is crucial for determining its validity, potential for infringement, and overall impact on the market. This article will delve into the details of patent analysis using the example of United States Patent 10,231,983, although the specific patent details will not be provided here. Instead, we will use general principles and tools to illustrate how to conduct such an analysis.

Understanding Patent Claims

Definition and Purpose

Patent claims are the legal boundaries that define the scope of protection afforded by a patent. They distinguish the invention from prior art and specify what is protected under the patent[2].

Types of Claims

• Independent Claims: These claims stand alone and define the invention without reference to other claims.
• Dependent Claims: These claims refer back to and further limit an independent claim.
• Multiple Dependent Claims: These claims refer back to more than one independent or dependent claim[2].

Measuring Patent Scope

Metrics for Patent Scope

Patent scope can be measured using simple metrics such as independent claim length and independent claim count. These metrics have been shown to have explanatory power for several correlates of patent scope, including patent maintenance payments, forward citations, and the breadth of patent classes[3].

Impact of Claim Length and Count

• Claim Length: Longer claims often indicate a broader scope but may lack clarity, which can lead to validity issues.
• Claim Count: A higher number of claims can also suggest a broader scope, but it may complicate the examination process and increase the likelihood of litigation[3].

Conducting a Patent Search

Tools and Resources

To analyze a patent, you need to conduct a thorough search using various tools and resources:

Patent Public Search

The USPTO's Patent Public Search tool is a powerful resource that replaced legacy search tools. It offers two modern interfaces for enhanced access to prior art[1].

Global Dossier

This service provides access to the file histories of related applications from participating IP Offices, including the IP5 Offices. It helps in identifying office actions and managing collections of documents[1].

Public Search Facility and PTRCs

The USPTO Public Search Facility and Patent and Trademark Resource Centers (PTRCs) offer additional resources and trained staff to assist in patent searches[1].

International Patent Offices

Searching databases from international patent offices such as the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) is essential to ensure global novelty[1].

Analyzing Claim Indefiniteness

Legal Standards

Claim indefiniteness is a legal conclusion that determines whether the claims of a patent are clear enough to inform those skilled in the art about the scope of the invention with reasonable certainty. The Supreme Court has emphasized that claims must be precise enough to afford clear notice of what is claimed[2].

Case Law

In cases like Nautilus, Inc. v. Biosig Instruments, Inc., the court has clarified that the definiteness requirement mandates clarity while recognizing that absolute precision is unattainable. Claims are viewed in the context of the specification and prosecution history[2].

Examining the Specification

Role of the Specification

The specification describes the invention in detail, including text, drawings, and flowcharts. It must answer any relevant questions about the invention that the claims may raise. For example, in Nature Simulation Systems Inc. v. Autodesk, Inc., the specification was crucial in clarifying the intersection points and building intersection lines[2].

Claim Construction

Judicial Role

Claim construction is a question of law that involves interpreting the meaning and scope of patent claims. The judicial role is to construe the claims based on the specification, prosecution history, and other relevant information[2].

Patent Landscape Analysis

Identifying Prior Art

Using tools like the Common Citation Document (CCD) and searching international patent databases helps in identifying prior art cited by multiple offices. This ensures that the invention is novel and non-obvious over existing prior art[1].

Market Impact

Analyzing the patent landscape involves understanding how the patent fits into the broader market. This includes looking at forward citations, which can indicate the influence of the patent, and the breadth of patent classes, which can suggest the patent's scope and potential for innovation[3].

Practical Steps for Analyzing a Patent

Step 1: Identify the Patent

Start by locating the patent in question using the USPTO's Patent Public Search or other international databases.

Step 2: Read the Claims

Carefully read the independent and dependent claims to understand the scope of protection.

Step 3: Analyze the Specification

Review the specification to ensure it provides clear descriptions and teachings that support the claims.

Step 4: Conduct a Prior Art Search

Use various tools to search for prior art, including the CCD and international patent databases.

Step 5: Evaluate Claim Indefiniteness

Assess whether the claims are clear and definite, using legal standards and case law as guides.

Step 6: Consider Market Impact

Analyze forward citations, patent maintenance payments, and the breadth of patent classes to understand the patent's market impact.

Key Takeaways

• Patent Claims: Define the legal boundaries of a patent and must be clear and definite.
• Patent Scope: Can be measured using metrics like claim length and count.
• Patent Search: Involves using various tools and resources to ensure novelty and non-obviousness.
• Claim Construction: Is a judicial role that interprets the meaning and scope of claims.
• Market Impact: Analyzing the patent landscape helps in understanding the patent's influence and potential for innovation.

FAQs

Q1: What is the purpose of patent claims?

Patent claims define the legal boundaries of a patent, distinguishing the invention from prior art and specifying what is protected.

Q2: How can patent scope be measured?

Patent scope can be measured using metrics such as independent claim length and independent claim count.

Q3: What is the role of the specification in a patent?

The specification describes the invention in detail, providing clear descriptions and teachings that support the claims.

Q4: Why is claim construction important?

Claim construction is important because it involves interpreting the meaning and scope of patent claims, which is a judicial role that affects the validity and enforceability of the patent.

Q5: How do you identify prior art for a patent?

Prior art can be identified using tools like the Common Citation Document (CCD) and searching international patent databases.

Sources

1. USPTO - Search for patents: https://www.uspto.gov/patents/search
2. UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT: https://cafc.uscourts.gov/opinions-orders/20-2257.OPINION.10-17-2022_2019495.pdf
3. SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
4. Clemson University Libraries - Advanced Patent Searching: https://clemson.libguides.com/advanced_patent_searching

Drugs Protected by US Patent 10,231,983

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Corcept Therap	KORLYM	mifepristone	TABLET;ORAL	202107-001	Feb 17, 2012	AB	RX	Yes	Yes	10,231,983					TREATING CUSHING'S SYNDROME

International Family Members for US Patent 10,231,983

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
World Intellectual Property Organization (WIPO)	2020009824