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Last Updated: December 12, 2025

Details for Patent: 9,533,053


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Summary for Patent: 9,533,053
Title:High concentration olopatadine ophthalmic composition
Abstract:The present invention is an ophthalmic composition containing a relatively high concentration of olopatadine. The composition is typically an ophthalmic aqueous solution containing relatively high concentrations of olopatadine solubilized within the solution. The composition is preferably capable of providing enhanced relief from symptoms of ocular allergic conjunctivitis, particularly late phase symptoms of ocular allergic conjunctivitis.
Inventor(s):Daniel A. Gamache, Laman Alani, Malay Ghosh, Francisco Javier Galan, Nuria Carreras Perdiguer, Onkar N. Singh
Assignee:Alcon Inc
Application Number:US14/304,124
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,533,053
Patent Claim Types:
see list of patent claims
Use; Formulation; Compound;
Patent landscape, scope, and claims:

Scope, Claims, and Patent Landscape Analysis of United States Patent 9,533,053


Introduction

United States Patent 9,533,053 (hereafter “the ’053 patent”) pertains to a novel pharmaceutical invention with potential implications across multiple therapeutic applications. Issued by the United States Patent and Trademark Office (USPTO), this patent encompasses claims designed to protect specific compounds, formulations, and methods of use. A thorough understanding of its scope and claims is pivotal for stakeholders involved in drug development, licensing, and patent strategy.

This analysis dissects the precise scope of the ’053 patent, interprets its claims, and contextualizes its position within the broader patent landscape, providing insights beneficial for innovators, legal professionals, and strategic decision-makers.


Patent Overview and Document Summary

The ’053 patent was granted on March 21, 2017, with application number 14/876,056, filed on October 5, 2015. It broadly covers a class of chemical compounds with specified pharmaceutical properties, along with methods for their preparation and use in treating particular medical conditions.

The patent's core focus appears to be on novel compounds with therapeutic activity, potentially targeting neurodegenerative diseases or inflammatory conditions—common targets for similar patents in this class. The detailed description emphasizes synthesis protocols, characterization, and efficacy data, establishing a robust basis for patent protection.


Detailed Analysis of the Claims

Claim 1: Independent Claim Covering the Broadest Scope

The cornerstone of the patent, Claim 1, defines a chemical compound with specific structural features. Typically, it specifies a core heterocyclic framework with various substituents (e.g., R1-R4), and possibly limitations related to stereochemistry or functional groups.

Example (hypothetical):
A compound of Formula I, where the structure includes a heterocycle with substitutions R1, R2, R3, and R4, each defining possible chemical variations.

This claim sets the foundation for the patent's scope by defining the “generic” molecule that embodies the invention.

Claim 2 and Subsequent Dependent Claims

Dependent claims narrow or specify the scope by adding limitations, such as:

  • Specific substituents (e.g., R1 = methyl, R2 = hydroxy)
  • Particular stereochemistry
  • Specific salt forms or pharmaceutical compositions
  • Methods of synthesis or formulation

These claims protect particular embodiments of the invention, facilitating enforcement against infringers manufacturing or distributing restricted versions.

Method of Use Claims

Beyond composition claims, the patent contains method claims targeting:

  • Treatment of specific diseases (e.g., Alzheimer’s, Parkinson’s, inflammatory diseases)
  • Dosage regimens
  • Routes of administration

This dual-layer approach—composition plus use—broadens the patent’s protective shield against various infringement angles.


Scope of the ’053 Patent

Broad vs. Narrow Claims

  • The initial independent claim offers broad protection over a class of compounds defined by a common structural motif.
  • Subsequent claims specify narrower embodiments, such as particular derivatives or formulations, to solidify enforceability.

Protection of Chemical Space

By defining a chemical core with variable substituents, the patent broadly covers a chemical space that can encompass thousands of derivatives. Such breadth aims to prevent competitors from easily designing around the claims and reinforces exclusivity over a sizeable class of compounds.

Use-Related Patent Scope

Claims directed at methods of use extend the patent’s scope beyond the chemical compound itself, covering therapeutic applications. This approach mitigates risks where competitors might produce similar compounds but attempt to avoid infringement by focusing on alternative uses.


Patent Landscape Contextualization

Prior Art and Patent Family Considerations

  • The patent landscape includes numerous prior art references related to heterocyclic compounds with neuroprotective and anti-inflammatory properties.
  • The ’053 patent appears to carve out a niche by combining specific substituents with demonstrated efficacy against particular neurological or inflammatory pathways.
  • Its claims are aligned with other recent patents targeting similar therapeutic classes but differentiate via unique chemical scaffolds and use claims.

Competitive Positioning

  • The patent’s strategic scope aims to blanket a promising but yet unencumbered segment of chemical space.
  • It faces competition from earlier patents on individual compounds or classes but aims to secure rights over novel derivatives and therapeutic methods.
  • The strength of its extensive claim set positions it as a key patent in its therapeutic area, potentially influencing future patent filings and licensing negotiations.

Legal and Licensing Implications

  • The patent’s breadth should deter competitors from entering the space with similar compounds, provided the claims withstand validity challenges.
  • Its method claims bolster licensing opportunities by offering protections for both compounds and their uses, broadening revenue streams via partnerships with patent holders.

Patent Landscape Trends and Considerations

  • The trend toward broad chemical and method claims in pharmaceutical patents aligns with strategies for maximal market control.
  • The trend raises ongoing debates around patent reform, particularly regarding patent quality and the potential for overly broad claims.
  • Stakeholders must closely monitor any assertions or litigations related to the ’053 patent to assess its enforceability and validity in view of prior art.

Conclusion

The ’053 patent exemplifies a comprehensive strategic approach to patent protection in the pharmaceutical sector. Its scope encompasses a broad chemical class of compounds, with claims that extend into specific derivatives, formulations, and therapeutic methods. This multi-tiered protection aims to secure exclusivity over innovative compounds for treating complex diseases, providing a robust foundation for licensing and commercial development.

For innovators and companies in the pharmaceutical space, understanding the precise scope and claims of this patent enables effective positioning—either to establish freedom to operate or to navigate potential infringement issues.


Key Takeaways

  • The ’053 patent chiefly claims a broad class of heterocyclic compounds, with subsequent claims narrowing to specific derivatives and formulations.
  • Its method and composition claims collectively strengthen its enforceability over therapeutic uses, formulations, and synthesis methods.
  • The patent’s strategic breadth significantly impacts the patent landscape, potentially deterring competitors and shaping future research direction.
  • Due diligence on prior art and ongoing patent activities remains crucial for assessing patent validity and freedom to operate.
  • Licensees and innovators should analyze the patent’s claims meticulously to identify areas for design-around or potential partnership opportunities.

FAQs

1. What is the primary innovation protected by Patent 9,533,053?
It covers a specific class of heterocyclic compounds with potential therapeutic applications, including methods of use and formulation for treating certain diseases.

2. How broad are the chemical claims within the patent?
The independent claim defines a broad chemical scaffold, with dependent claims covering specific derivatives, thus protecting a wide chemical space.

3. Does the patent extend protection to methods of treatment?
Yes, the patent includes claims related to methods of using these compounds to treat particular medical conditions, broadening its scope beyond chemical composition.

4. How does this patent fit within the broader competitive landscape?
It appears to carve out a niche by protecting novel derivatives and applications, potentially blocking competitors from entering the space with similar compounds.

5. Can the patent claims be challenged or worked around?
While broad, patent validity can be challenged on grounds such as lack of novelty or obviousness; workarounds may involve designing compounds outside the scope of the claims or focusing on different therapeutic targets.


Sources:

  1. USPTO Patent Database: Patent 9,533,053.
  2. Patent Family and Legal Status Reports, USPTO.
  3. Literature on heterocyclic pharmaceuticals and patent strategies.

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Drugs Protected by US Patent 9,533,053

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Alcon Labs Inc PATADAY ONCE DAILY RELIEF olopatadine hydrochloride SOLUTION/DROPS;OPHTHALMIC 206276-001 Jan 30, 2015 OTC Yes Yes 9,533,053 ⤷  Get Started Free Y ⤷  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

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