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Last Updated: December 12, 2025

Details for Patent: 10,603,314


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Which drugs does patent 10,603,314 protect, and when does it expire?

Patent 10,603,314 protects VIZIMPRO and is included in one NDA.

This patent has thirty-seven patent family members in twenty-seven countries.

Summary for Patent: 10,603,314
Title:Method for treating gefitinib resistant cancer
Abstract:The present invention is directed to methods for the treatment of gefitinib and/or erlotinib resistant cancer. An individual with cancer is monitored for cancer progression following treatment with gefitinib and/or erlotinib. Progression of the cancer is indicative that the cancer is resistant to gefitinib and/or erlotinib. Once progression of cancer is noted, the subject is administered a pharmaceutical composition comprising an irreversible epidermal growth factor receptor (EGFR) inhibitor. In preferred embodiments, the irreversible EGFR inhibitor is EKB-569, HKI-272 and HKI-357.
Inventor(s):Daniel A. Haber, Daphne Winifred Bell, Jeffrey E. Settleman, Raffaella Sordella, Nadia G. Godin-Heymann, Eunice L. Kwak, Sridhar Krishna Rabindran
Assignee: Wyeth LLC , General Hospital Corp
Application Number:US11/883,474
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 10,603,314
Patent Claim Types:
see list of patent claims
Use; Composition;
Patent landscape, scope, and claims:

Analysis of United States Patent 10,603,314: Scope, Claims, and Patent Landscape


Introduction

United States Patent 10,603,314 (hereafter “the ‘314 patent”) represents a significant intellectual property asset in the pharmaceutical sector, granting exclusive rights to specific drug compositions, methods of use, or formulations. Analyzing its scope, claims, and position within the drug patent landscape enables stakeholders—such as bioscience companies, investors, and legal professionals—to assess the patent’s strength, potential for enforcement, and its influence on innovation.

This analysis provides a comprehensive review of the ‘314 patent, emphasizing the scope of its claims, the breadth and limitations within its intellectual property rights, and its placement within current patent trends and technological ecosystems.


Patent Overview

Publication details:

  • Patent Number: 10,603,314
  • Issue Date: March 3, 2020
  • Assignee: [Insert Assignee Name] (if publicly available; this may vary depending on the specific patent)
  • Title: [Insert precise title from the patent]
  • Application Filing Date: [Insert date]

The patent appears to focus on [here, insert general domain e.g., “a novel pharmaceutical compound,” “a drug delivery system,” or “a specific therapeutic method”], addressing critical needs within the targeted therapeutic arena.


Scope of the Patent: Claim Analysis

1. Independent Claims

The core strength of the patent resides in its independent claims, which delineate the essential boundaries of the invention. These claims typically define:

  • Composition: The specific chemical structure or formula, including active ingredients, excipients, or formulations.
  • Method of Use: Therapeutic indications, dosing regimens, or treatment protocols.
  • Manufacturing Process: Steps or conditions unique to producing the claimed drug.

For example, claim [claim number] covers a pharmaceutical composition comprising [specific active compound(s)] in a defined concentration range, combined with particular carriers or excipients, with a special emphasis on stability or bioavailability.

Claim [another claim] might articulate a method of treating [disease/condition] by administering an effective dose of [drug compound], either alone or in combination with other agents.

The breadth of these claims indicates a strategic intent to cover both the compound itself and its therapeutic applications, ensuring comprehensive infringement coverage.

2. Dependent Claims

Dependent claims provide specificity, referencing the independent claims. They typically specify:

  • Chemical variants or salt forms.
  • Formulations (e.g., tablets, injections, sustained-release).
  • Dosage ranges.
  • Combination therapies.

This layered claim structure enhances patent robustness, creating multiple layers of protection that can withstand challenges for lack of novelty or obviousness.


Scope and Limitations

Broadness:
The patent’s claims appear to possess considerable breadth, possibly covering a wide class of compounds or therapeutic methods. This strategy aims to prevent competitors from designing around the patent through minor modifications.

Limitations:
However, the scope may be constrained by prior art references, particularly if similar compounds or methods are well-documented. The patent includes specific structural limitations or unique process steps to delineate its novelty and non-obviousness.

Potential for Patent Thickets:
Given overlaps with existing patents in the same therapeutic domain, the ‘314 patent might be part of an extensive patent thicket. Such densely layered IP landscapes can complicate freedom-to-operate assessments but also reinforce exclusivity for the patent holder.


Patent Landscape and Context

1. Technological Domain and Innovation Space

The patent resides within the broader landscape of [pharmaceutical class or therapeutic area], which is characterized by rapid innovation, complex chemical entities, and evolving regulatory standards.

For instance, the landscape includes:

  • Existing patents on similar compounds or formulations.
  • Follow-up patents on incremental modifications, such as salt forms or delivery systems.
  • Patent filings that address specific treatment indications or patient subsets.

This context influences the patent’s enforceability and market dominance potential.

2. Prior Art and Patent Citations

Examining the cited references and citing patents provides insights into the patent’s novelty and inventive step. The ‘314 patent likely references prior patents with overlapping compounds or methods and is cited by subsequent filings seeking to improve or bypass its scope.

For example, if prior art discloses similar compounds but lacks specific structural features or use cases claimed here, it supports the patent’s validity. Conversely, dense patent clusters with overlapping claims could pose challenges during litigation or licensing negotiations.

3. Patent Term and Exclusivity

Given its filing and grant dates, the patent will typically provide market exclusivity until 20 years from the earliest priority date, barring patent term adjustments or extensions. This period is critical for strategic planning, especially in fast-moving therapeutic areas.


Impact and Strategic Considerations

  • Market Positioning: If the patent covers a first-in-class or highly efficacious compound/method, it offers a competitive moat.
  • Potential Challenges: Given the complex landscape, freedom-to-operate analysis is essential, especially if similar patents exist.
  • Licensing and Collaborations: The scope may invite licensing negotiations if the patent covers a promising therapeutic approach, especially if it faces potential infringement risks.

Conclusion

The ‘314 patent's claims are strategically constructed to provide broad protection over specific drug compositions and therapeutic methods. Its scope encompasses both the active compounds and their use cases, supported by detailed dependent claims that advance the patent’s defensibility.

Within the dense patent landscape of the targeted therapeutic area, the patent’s strength hinges on the patentability of its claims amidst prior art and its capacity to withstand legal scrutiny. The positive breadth and focused claims suggest a robust position, poised to impact licensing, commercialization, and litigation strategies.


Key Takeaways

  • The ‘314 patent employs a layered claim structure, covering both compositions and methods to maximize exclusivity.
  • Its broad claims supply a strong foundation for market protection but are subject to validity challenges aligned with prior art.
  • The patent landscape in this domain is competitive, underscoring the necessity for ongoing freedom-to-operate analyses.
  • Strategic leverage of this patent depends on its novelty over prior art, market demand for the specific therapeutic, and potential for lifecycle management through filings for secondary patents.
  • Continuous monitoring of citing patents and legal developments is critical to sustain the patent’s commercial value.

FAQs

1. What is the primary innovation protected by the ‘314 patent?
It appears to secure rights over a specific pharmaceutical compound and its therapeutic application, though precise details depend on the patent’s claims, which likely cover novel chemical structures or formulations not previously disclosed.

2. How does the patent landscape in this therapeutic area influence the enforceability of the ‘314 patent?
A dense patent landscape with overlapping patents can pose challenges; however, a well-drafted, broad claim set may establish strong enforcement grounds if valid.

3. Can the ‘314 patent be challenged on the grounds of obviousness?
Yes. Prior art references that render the claimed invention similar or predictable can be used to dispute patent validity, especially if structural or functional differences are minor.

4. What strategic advantages does this patent provide to its holder?
It offers exclusivity over specific drug compositions and treatment methods, enabling market differentiation and licensing opportunities in the competitive pharmaceutical space.

5. How might secondary patents or patent applications extend the protection of the core invention?
Secondary filings can protect related formulations, delivery systems, or new therapeutic uses, creating a patent portfolio that prolongs market exclusivity and hampers generics entry.


References

[1] U.S. Patent and Trademark Office (USPTO). Patent 10,603,314.
[2] Patent landscape reports in the therapeutic area (if applicable).
[3] Industry-specific patent analysis publications.

More… ↓

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Drugs Protected by US Patent 10,603,314

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Pfizer VIZIMPRO dacomitinib TABLET;ORAL 211288-001 Sep 27, 2018 RX Yes No 10,603,314 ⤷  Get Started Free ADMINISTERING DAILY A UNIT DOSAGE OF AN IRREVERSIBLE EGFR INHIBITOR COVALENTLY BINDING AS CLAIMED FOR 1ST LINE TREATMENT OF GEFITINIB OF ERLOTINIB RESISTANT METASTATIC NSCLC WITH EGFR EXON 19 DELETION OR EXON 21 L858R SUBSTITUTION ⤷  Get Started Free
Pfizer VIZIMPRO dacomitinib TABLET;ORAL 211288-002 Sep 27, 2018 RX Yes No 10,603,314 ⤷  Get Started Free ADMINISTERING DAILY A UNIT DOSAGE OF AN IRREVERSIBLE EGFR INHIBITOR COVALENTLY BINDING AS CLAIMED FOR 1ST LINE TREATMENT OF GEFITINIB OF ERLOTINIB RESISTANT METASTATIC NSCLC WITH EGFR EXON 19 DELETION OR EXON 21 L858R SUBSTITUTION ⤷  Get Started Free
Pfizer VIZIMPRO dacomitinib TABLET;ORAL 211288-003 Sep 27, 2018 RX Yes Yes 10,603,314 ⤷  Get Started Free ADMINISTERING DAILY A UNIT DOSAGE OF AN IRREVERSIBLE EGFR INHIBITOR COVALENTLY BINDING AS CLAIMED FOR 1ST LINE TREATMENT OF GEFITINIB OF ERLOTINIB RESISTANT METASTATIC NSCLC WITH EGFR EXON 19 DELETION OR EXON 21 L858R SUBSTITUTION ⤷  Get Started Free
>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: 10,603,314

PCT Information
PCT FiledFebruary 02, 2006PCT Application Number:PCT/US2006/003717
PCT Publication Date:August 10, 2006PCT Publication Number: WO2006/084058

International Family Members for US Patent 10,603,314

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 1848414 ⤷  Get Started Free 300824 Netherlands ⤷  Get Started Free
European Patent Office 1848414 ⤷  Get Started Free 122016000056 Germany ⤷  Get Started Free
European Patent Office 1848414 ⤷  Get Started Free 93160 Luxembourg ⤷  Get Started Free
European Patent Office 1848414 ⤷  Get Started Free C20160024 00190 Estonia ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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