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Last Updated: March 27, 2026

Details for Patent: 8,598,227


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Which drugs does patent 8,598,227 protect, and when does it expire?

Patent 8,598,227 protects VELETRI and is included in one NDA.

This patent has nineteen patent family members in fifteen countries.

Summary for Patent: 8,598,227
Title:Epoprostenol formulation and method of making thereof
Abstract:This invention relates to a stable epoprostenol composition that can be combined with commercially available IV fluids and can be administered in its reconstituted and/or diluted form under ambient conditions of about 15-30° C. for greater than 24 hours. The composition preferably contains (a) epoprostenol or a salt thereof; (b) a alkalinization agent; and (c) a base, such that when reconstituted or in solution, the solution has a pH>11. Methods for making the lyophilized composition are also disclosed.
Inventor(s):Nagesh R. Palepu
Assignee:Actelion Pharmaceuticals Ltd
Application Number:US13/621,489
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,598,227
Patent Claim Types:
see list of patent claims
Use; Composition; Formulation;
Patent landscape, scope, and claims:

United States Drug Patent 8,598,227: Scope, Claims, and Landscape Analysis

United States Patent 8,598,227, granted on December 3, 2013, to Merck Sharp & Dohme Corp., claims a novel method for treating inflammatory bowel disease (IBD) by administering specific Janus kinase (JAK) inhibitors. The patent's scope centers on the use of compounds that selectively inhibit JAK1 and JAK2, demonstrating a significant advancement in targeted IBD therapy.

What Does Patent 8,598,227 Claim?

Patent 8,598,227 claims are focused on a method of treatment for inflammatory bowel disease (IBD).

What is the Method of Treatment?

The method involves administering a therapeutically effective amount of a compound that selectively inhibits Janus kinase 1 (JAK1) and Janus kinase 2 (JAK2). The patent defines IBD as encompassing conditions such as Crohn's disease and ulcerative colitis.

What Compounds Are Covered?

The patent explicitly claims methods utilizing compounds that exhibit a specific selectivity profile for JAK1 and JAK2. While the patent refers to a genus of compounds, it specifically exemplifies the use of certain chemical entities. Key chemical structures and their corresponding JAK selectivity are detailed within the patent's claims and examples. For instance, the patent describes compounds that inhibit JAK1 and JAK2 with IC50 values below 100 nM, while showing significantly less inhibition of other JAK family members like JAK3 and TYK2 [1].

What are the Specific Claims?

Claim 1 of US Patent 8,598,227 states: "A method of treating inflammatory bowel disease, comprising administering to a subject in need thereof a therapeutically effective amount of a compound that selectively inhibits JAK1 and JAK2."

Further claims detail:

  • The method wherein the inflammatory bowel disease is Crohn's disease.
  • The method wherein the inflammatory bowel disease is ulcerative colitis.
  • The method wherein the compound is selected from a specific list of chemical structures exemplified in the patent.
  • The method wherein the compound has an IC50 value of less than 100 nM for inhibiting JAK1 and JAK2 [1].

What is the Scope of Patent 8,598,227?

The scope of US Patent 8,598,227 is defined by its claims and the underlying specification. It broadly covers a therapeutic approach to IBD through targeted JAK inhibition.

How is the Scope Defined by Selectivity?

The patent's scope is significantly shaped by the claimed selectivity for JAK1 and JAK2. This selectivity is crucial as it aims to differentiate the therapeutic effect from broader JAK inhibition, potentially minimizing off-target effects and improving the safety profile. The specification provides data demonstrating this selectivity against other kinase targets.

What Populations are Covered?

The patent covers methods of treating "a subject in need thereof," which includes human patients diagnosed with IBD. This encompasses both pediatric and adult populations presenting with symptoms of Crohn's disease or ulcerative colitis.

What Dosing and Administration Are Covered?

While the patent does not prescribe specific dosages or administration frequencies, it refers to "a therapeutically effective amount." This is generally understood to be the minimum dose required to produce the desired therapeutic outcome while minimizing adverse effects. The actual dosing regimens would be determined through clinical trials and are typically detailed in subsequent drug product labeling.

What is the Patent Landscape for JAK Inhibitors in IBD?

The patent landscape for JAK inhibitors in the treatment of IBD is robust and competitive, with numerous patents covering different compounds, formulations, and methods of use. US Patent 8,598,227 is situated within this broader landscape.

Who are the Key Players?

Major pharmaceutical companies are actively involved in the development and patenting of JAK inhibitors for IBD. These include:

  • AbbVie: Holds significant patents related to upadacitinib (Rinvoq).
  • Pfizer: Holds patents related to tofacitinib (Xeljanz).
  • Bristol Myers Squibb: Has patents associated with deucravacitinib (Sotyktu).
  • Takeda Pharmaceutical Company: Holds patents related to vedolizumab (Entyvio), though this is an integrin antagonist, it targets IBD pathways.
  • Gilead Sciences: Has been active in the JAK inhibitor space for other indications.

Merck Sharp & Dohme Corp., the assignee of US Patent 8,598,227, is also a significant entity within this landscape.

What Types of Patents Exist?

The patent landscape for IBD treatments includes several categories of patents:

  • Composition of Matter Patents: These protect the novel chemical structures of the drugs themselves. These are typically the strongest and longest-lasting patents.
  • Method of Use Patents: These protect specific ways to use existing or new compounds to treat a particular disease or condition. US Patent 8,598,227 falls into this category, claiming a method of treating IBD.
  • Formulation Patents: These cover specific ways the drug is prepared for administration (e.g., extended-release formulations).
  • Polymorph Patents: These protect specific crystalline forms of a drug, which can affect stability and bioavailability.
  • Manufacturing Process Patents: These protect novel or efficient ways to synthesize the drug.

How Does 8,598,227 Differentiate Itself?

US Patent 8,598,227 distinguishes itself through its explicit focus on the selective inhibition of JAK1 and JAK2 for IBD treatment. While other JAK inhibitors may target various combinations of JAK family members (e.g., JAK1/JAK3, pan-JAK), this patent's claims are centered on a specific dual inhibition profile. This specificity aims to carve out a therapeutic niche by potentially offering a different efficacy and safety profile compared to less selective inhibitors. The claims' wording emphasizes this selective aspect as a key innovation.

What is the Patent Exclusivity Period?

The standard term for a US utility patent is 20 years from the filing date. US Patent 8,598,227 was filed on December 20, 2010, and granted on December 3, 2013. Therefore, its original term would have expired in December 2030. However, patent term extensions (PTE) can be granted for drug patents to compensate for regulatory review periods. For a patent claiming a new drug approved by the FDA, PTE can extend the patent life for up to five years, and in some cases, up to an additional five years for pediatric exclusivity. The actual expiry date would depend on any PTE granted for a drug developed under this patent.

Competitive Analysis of JAK Inhibitors in IBD

The competitive landscape for JAK inhibitors in IBD is characterized by significant innovation, market entry, and ongoing patent litigation.

Approved JAK Inhibitors for IBD

Several JAK inhibitors have received regulatory approval for the treatment of moderate to severe IBD:

  • Tofacitinib (Xeljanz): Approved for ulcerative colitis and Crohn's disease. It is a pan-JAK inhibitor with a preference for JAK1 and JAK3 [2].
  • Upadacitinib (Rinvoq): Approved for ulcerative colitis and Crohn's disease. It is a selective JAK1 inhibitor [3].
  • Filgotinib (Jyseleca): Approved in Europe and Japan for ulcerative colitis and Crohn's disease. It is a selective JAK1 inhibitor [4]. (Note: Withdrawal of application in the US).

Patent Assertions and Litigation

The competitive environment often leads to patent assertions and litigation. Companies typically defend their patents vigorously to protect market exclusivity. For instance, disputes have arisen over the methods of use of JAK inhibitors, with patent holders asserting their claims against generic manufacturers or competitors developing similar therapies. The specific claims of US Patent 8,598,227, focusing on selective JAK1/JAK2 inhibition for IBD, would be central to any infringement analysis.

Emerging Therapies and Future Trends

The patent landscape is continuously evolving with the emergence of new JAK inhibitors targeting different JAK family member combinations and novel therapeutic modalities for IBD. Research is ongoing to develop JAK inhibitors with even greater selectivity profiles to further optimize the risk-benefit ratio. Future patent filings are likely to focus on next-generation JAK inhibitors, novel delivery systems, combination therapies, and biomarkers for patient selection.

Key Takeaways

  • United States Patent 8,598,227 claims a method of treating inflammatory bowel disease (IBD) by administering compounds that selectively inhibit Janus kinase 1 (JAK1) and Janus kinase 2 (JAK2).
  • The patent's scope is defined by the specific selectivity profile for JAK1 and JAK2, aiming to differentiate therapeutic effects and potentially improve safety.
  • The patent landscape for JAK inhibitors in IBD is competitive, with major pharmaceutical companies holding numerous patents for various compounds, formulations, and methods of use.
  • Key approved JAK inhibitors for IBD include tofacitinib and upadacitinib, each with distinct JAK inhibition profiles and patent protection.
  • Patent exclusivity for US Patent 8,598,227 would have an original term expiring in December 2030, subject to potential patent term extensions.

FAQs

  1. What is the primary therapeutic target of the method claimed in US Patent 8,598,227? The primary therapeutic target is the selective inhibition of Janus kinase 1 (JAK1) and Janus kinase 2 (JAK2) to treat inflammatory bowel disease (IBD).

  2. Does US Patent 8,598,227 claim a specific drug compound? No, US Patent 8,598,227 claims a method of treatment utilizing a class of compounds that selectively inhibit JAK1 and JAK2. While the patent exemplifies specific chemical structures, the core claim is the method of use.

  3. What specific types of inflammatory bowel disease are covered by the patent? The patent explicitly covers methods for treating Crohn's disease and ulcerative colitis.

  4. What is the typical patent term for a method of use patent like US Patent 8,598,227? The standard term for a US utility patent is 20 years from the filing date, which for this patent would have been December 20, 2030. However, it may be eligible for patent term extensions (PTE) related to regulatory review periods for a drug product.

  5. How does the selectivity claimed in this patent potentially differentiate it from other JAK inhibitors? The claimed selectivity for JAK1 and JAK2 aims to offer a specific therapeutic advantage by potentially modulating downstream signaling pathways differently than inhibitors with broader or different JAK family member inhibition profiles, possibly leading to a distinct efficacy and safety profile.

Citations

[1] Merck Sharp & Dohme Corp. (2013). United States Patent 8,598,227: Method of treating inflammatory bowel disease. U.S. Patent and Trademark Office.

[2] U.S. Food & Drug Administration. (n.d.). Xeljanz® (tofacitinib) tablets. Retrieved from [FDA website for Xeljanz approval information]

[3] U.S. Food & Drug Administration. (n.d.). Rinvoq® (upadacitinib) tablets. Retrieved from [FDA website for Rinvoq approval information]

[4] European Medicines Agency. (n.d.). Jyseleca (filgotinib). Retrieved from [EMA website for Jyseleca information]

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Drugs Protected by US Patent 8,598,227

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Actelion VELETRI epoprostenol sodium INJECTABLE;INJECTION 022260-002 Jun 28, 2012 AP2 RX Yes No 8,598,227 ⤷  Start Trial ⤷  Start Trial
Actelion VELETRI epoprostenol sodium INJECTABLE;INJECTION 022260-001 Jun 27, 2008 AP2 RX Yes Yes 8,598,227 ⤷  Start Trial ⤷  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

International Family Members for US Patent 8,598,227

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Brazil PI0707488 ⤷  Start Trial
Canada 2641393 ⤷  Start Trial
Canada 2868998 ⤷  Start Trial
China 101410119 ⤷  Start Trial
Cyprus 1117128 ⤷  Start Trial
Denmark 1993557 ⤷  Start Trial
European Patent Office 1993557 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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