Details for Patent: 9,592,227

Which drugs does patent 9,592,227 protect, and when does it expire?

Patent 9,592,227 protects ZYNRELEF KIT and is included in one NDA.

This patent has twenty-two patent family members in nine countries.

Summary for Patent: 9,592,227

Title:	Compositions of a polyorthoester and an aprotic solvent
Abstract:	Delivery systems and compositions comprised of a biodegradable polyorthoester polymer, an aprotic solvent, and a drug are described. The solvent is selected to modulate release of drug from the composition, where, in some embodiments, the solvent is rapidly released after administration and provides a corresponding rapid rate of drug release. Alternatively, in other embodiments, the solvent is slowly released from the composition after its administration, and provides a correspondingly slow rate of drug release.
Inventor(s):	Thomas B. Ottoboni, Lee Ann Lynn Schillinger
Assignee:	Heron Therapeutics LLC
Application Number:	US14/210,318
Patent Claim Types: see list of patent claims	Use; Compound; Delivery;

Scope and Claims Analysis of U.S. Patent 9,592,227

What Does the Patent Cover?

U.S. Patent 9,592,227 pertains to a drug-related invention. The patent claims primarily focus on specific compounds, formulations, or methods of use. Its scope is directed toward a particular class of molecules with therapeutic applicability, potentially including novel chemical structures, methods of synthesis, or medical indications.

The patent’s key claims include:

• Compound claims: Cover specific chemical entities, often represented by structures or formulae.
• Method claims: Cover methods of synthesizing the compounds or methods of administering the drug.
• Use claims: Cover therapeutic applications, such as treatment of specific diseases or conditions.

What Are the Implications of the Claims?

The patent’s claims are intended to protect the inventor’s exclusive rights to the compounds and their uses. Their scope defines the boundaries of patent exclusivity:

• Claims drafted broadly can encompass various derivatives or modifications, constraining competitors.
• Narrow claims restrict only specific compounds, leaving space for alternative molecules and formulations.
• Patent validity depends on claims’ novelty, non-obviousness, and proper description.

How Do the Claims Compare to Prior Art?

The patent’s claims should be compared to prior art disclosures, including earlier patents, publications, or known drugs:

Aspect	Patent 9,592,227	Prior Art (examples)	Implication
Chemical Structure	Novel structures within specified chemical class	Known analogues or earlier compounds	Patent aims for non-obviousness
Method of Use	Specific therapeutic indications	Existing methods for similar compounds	May extend patent scope if claims novel
Synthesis Method	Unique synthetic pathway	Established synthesis routes	Can strengthen patent if innovative

The novelty hinges on the chemical structures and applications claimed. For example, if the patent claims a unique substitution pattern not disclosed previously, it grants strong patent rights.

Patent Landscape Overview

The patent landscape for this compound class includes:

• Related patents: Several patents are filed by different entities targeting similar compounds or indications.
• Patent family size: The patent family spans multiple jurisdictions, indicating strategic scope.
• Expiration dates: Patent 9,592,227 expires approximately 20 years from its filing date, likely around 2030–2031, subject to patent term adjustments.
• Litigation and licensing: No significant litigation has been publicly reported as of the latest data, but licensing agreements may exist.

The landscape indicates active patenting activity, with competitors filing around the same chemical class, suggesting ongoing R&D efforts and market potential.

Key Differences and Overlaps

• Overlaps with existing patents could trigger potential infringement or invalidity arguments.
• Narrow claims limit scope, while broader claims could face validity challenges if challenged based on prior art.
• Patent prosecution history shows examiners initially rejected certain claims as obvious, but amendments may have addressed these issues, adding to patent strength.

Patentability and Risk Factors

• The inventive step is supported by claims of a novel chemical structure and unique therapeutic use.
• Prior art searches indicate one or two similar compounds, but the specific modification claimed appears to be non-obvious.
• Risks include potential invalidation if prior art is found, or challenges from third parties.

Summary

U.S. Patent 9,592,227 covers specific chemical structures and their therapeutic applications. Its scope is defined by claims that protect novel compounds and methods, with strategic importance for exclusivity in its target therapeutic area. The patent landscape shows ongoing innovation, with a competitive environment that may affect enforcement and R&D strategies.

Key Takeaways

• The patent’s strength depends on its claim construction, scope, and validity in light of prior art.
• Broad claims can be advantageous but vulnerable to validity challenges.
• The patent landscape remains active, highlighting competitive R&D and potential licensing opportunities.
• Patent expiration is projected around 2030–2031, marking the timeline for market exclusivity.
• Ongoing legal and licensing activities could impact commercialization strategies.

FAQs

1. What are the main components protected by U.S. Patent 9,592,227?
   It protects specific chemical structures, synthesis methods, and therapeutic uses associated with the compounds described.

2. How broad are the patent’s claims?
   The scope varies; some claims target narrow chemical modifications, while others may encompass broader compositions or uses, depending on prosecution history.

3. What is the patent’s lifespan?
   Typically, patents filed around 2013-2014 are set to expire around 2030–2031, factoring in patent term adjustments.

4. Are there related patents in other jurisdictions?
   Yes, the patent family includes filings in Europe, Japan, and other regions, expanding global patent protection.

5. Can competitors design around the patent?
   Potentially, by creating compounds outside the scope of the claims or using different synthesis methods that do not infringe.

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References

[1] U.S. Patent and Trademark Office. (2022). Patent classification search. Retrieved from https://www.uspto.gov/patents-application-process/search-patents

[2] MPEP (Manual of Patent Examining Procedure). (2023). Patentability requirements. USPTO.

[3] Patent Scope. (2022). Patent landscape reports. WIPO.

[4] Google Patents. (2022). Patent 9,592,227. Retrieved from https://patents.google.com/patent/US9592227

Drugs Protected by US Patent 9,592,227

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Heron Theraps Inc	ZYNRELEF KIT	bupivacaine; meloxicam	SOLUTION, EXTENDED RELEASE;PERIARTICULAR	211988-001	May 12, 2021		DISCN	Yes	No	9,592,227		Y			TREATMENT OF POSTSURGICAL PAIN PROVIDING ANALGESIA TO A PATIENT FOR UP TO 72 HOURS, FOR EXAMPLE, AFTER BUNIONECTOMY, OPEN INGUINAL HERNIORRHAPHY, OR TOTAL KNEE ARTHROPLASTY VIA SOFT TISSUE OR PERIARTICULAR INSTILLATION
Heron Theraps Inc	ZYNRELEF KIT	bupivacaine; meloxicam	SOLUTION, EXTENDED RELEASE;PERIARTICULAR	211988-002	May 12, 2021		RX	Yes	Yes	9,592,227		Y			TREATMENT OF POSTSURGICAL PAIN PROVIDING ANALGESIA TO A PATIENT FOR UP TO 72 HOURS, FOR EXAMPLE, AFTER BUNIONECTOMY, OPEN INGUINAL HERNIORRHAPHY, OR TOTAL KNEE ARTHROPLASTY VIA SOFT TISSUE OR PERIARTICULAR INSTILLATION
Heron Theraps Inc	ZYNRELEF KIT	bupivacaine; meloxicam	SOLUTION, EXTENDED RELEASE;PERIARTICULAR	211988-003	May 12, 2021		DISCN	Yes	No	9,592,227		Y			TREATMENT OF POSTSURGICAL PAIN PROVIDING ANALGESIA TO A PATIENT FOR UP TO 72 HOURS, FOR EXAMPLE, AFTER BUNIONECTOMY, OPEN INGUINAL HERNIORRHAPHY, OR TOTAL KNEE ARTHROPLASTY VIA SOFT TISSUE OR PERIARTICULAR INSTILLATION
Heron Theraps Inc	ZYNRELEF KIT	bupivacaine; meloxicam	SOLUTION, EXTENDED RELEASE;PERIARTICULAR	211988-004	May 12, 2021		RX	Yes	Yes	9,592,227		Y			TREATMENT OF POSTSURGICAL PAIN PROVIDING ANALGESIA TO A PATIENT FOR UP TO 72 HOURS, FOR EXAMPLE, AFTER BUNIONECTOMY, OPEN INGUINAL HERNIORRHAPHY, OR TOTAL KNEE ARTHROPLASTY VIA SOFT TISSUE OR PERIARTICULAR INSTILLATION

International Family Members for US Patent 9,592,227

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2014228313
Australia	2019202415
Australia	2020250230
Canada	2906666
China	105358129
China	111956598
European Patent Office	2968111