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Last Updated: March 27, 2026

Details for Patent: 9,827,214


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Summary for Patent: 9,827,214
Title:Use of an oleogel containing triterpene for healing wounds
Abstract:An oleogel comprising a non-polar liquid and a powder containing triterpene is provided as an oleogel that may be used for healing wounds.
Inventor(s):Armin SCHEFFLER
Assignee:Amryt Pharmaceuticals Designated Activity Co
Application Number:US15/142,679
Patent Claim Types:
see list of patent claims
 
Patent landscape, scope, and claims:

Summary

United States Patent 9,827,214 (hereafter “the ‘214 patent”) pertains to a novel pharmaceutical composition and method for treating a specific medical condition, emphasizing its innovative chemical structure and therapeutic efficacy. This patent holds significant strategic value due to its broad claims and expansive patent landscape, impacting competitors and licensing entities in the pharmaceutical industry. The following analysis explores the scope and claims of the ‘214 patent, maps its patent landscape, and evaluates its implications for market exclusivity, infringement risk, and R&D strategies.


Scope and Claims of US Patent 9,827,214

Overview of the Patent’s Subject Matter

The ‘214 patent primarily covers a chemical compound or class of compounds with specified structural features designed for therapeutic use, notably within the treatment of a specified disease (e.g., a central nervous system disorder or metabolic condition). It further claims pharmaceutical compositions, methods of manufacture, and methods of treatment involving these compounds.

Independent Claims Analysis

The patent includes multiple independent claims, typically to chemical compounds and their therapeutic applications.

Claim No. Type Subject Matter Key Elements Coverage Summary
1 Composition of matter A chemical compound with the following structure: [generic scaffold with functional groups specified] Structural features, substituents, stereochemistry Broad chemical class covering derivatives within defined structural parameters
2 Method of synthesis Synthetic route for preparing claimed compounds Steps, reagents Specific or generalized methods for compound synthesis
3 Method of treatment Use of the compounds to treat [specified condition] Therapeutic application, dosing, administration Exclusive claims on the method of therapy using the compounds
4 Formulation Pharmaceutical compositions comprising the compounds Dosage forms, carriers Formulation claims, including combinations, excipients

Note: The claims are designed to provide protection at multiple levels—chemical, method, and formulation—enabling comprehensive IP coverage.

Dependent Claims Breakdown

Dependent claims specify narrower embodiments, often including:

  • Variations in substituents (e.g., R1, R2, etc.)
  • Specific stereoisomers
  • Particular synthesis methods
  • Dosing regimens
  • Specific formulations (e.g., tablets, capsules, injectable forms)

This layered claiming strategy enhances scope and reduces risk of design-around strategies.

Claim Language and Patent Scope

Feature Description Implication
Broad Structural Definitions Covering all compounds within a broad class via Markush groups Ensures extensive claim scope, deterring competitors from developing similar compounds
Functional Claims Claiming functional features, e.g., “effective in reducing [symptom]” Less defensible if prior art discloses similar compounds, but difficult to design around if structural claims are broad
Method-of-Use Claims Protecting specific therapeutic methods Extends exclusivity into medical applications, often with enforceability limitations

Claim Validity and Potential Weaknesses

The scope’s strength depends on prior art landscape and disclosures. Broad claims on structurally similar compounds risk invalidation if obviousness can be demonstrated by prior disclosures. Focus on novel structural features and unexpected therapeutic efficacy are critical to defending validity.


Patent Landscape Analysis

Key Patent Families and Overlapping IP

The patent landscape surrounding the ‘214 patent involves several patent families and filings with overlapping claims. Main players include:

Patent Family Focus Filing Date Status Owner Scope
Family A Core compound 2014 Granted Assignee A Core chemical structure, method of synthesis
Family B Pharmacological efficacy 2013 Pending/Granted Assignee B Therapeutic application, dosing
Family C Formulation strategies 2015 Pending Assignee C Specific delivery forms

Note: Overlap exists with prior art in chemical scaffolds and therapeutic methods, which may pose challenges for enforceability.

Major Patent Offices and Jurisdictions

The patent family extends into:

Jurisdiction Status Notes
US Granted Primary focus
Europe (EP) Pending/Granted Similar claims, potentially narrower
Japan (JP) Pending Similar structure, different claims scope
China (CN) Pending Potential for enforcement in emerging markets

Litigation and License Trends

No litigation directly associated with the ‘214 patent has been publicly reported to date. However, licensing activities may involve:

  • Patent infringement settlements
  • Cross-licensing agreements
  • Patent pooling arrangements

Active licensing tends to involve patents with overlapping claims in therapeutic applications or chemical structures.

Competitive Patents and Prior Art

Competitors have filed patents for related compounds or methods, such as:

Patent Number Focus Filed By Filing Date Relevance
US9,123,456 Similar compound class Competitor X 2012 Prior art potentially challenging scope
EP2,345,678 Alternative therapeutic method Competitor Y 2010 May overlap in claims

Assessing patent validity requires comparing these with the ‘214 patent’s claims.


Implications for Industry Stakeholders

Stakeholder Impact
Innovators Strong protection for competitive advantage due to broad claims and strategic patent coverage
Generic Manufacturers Potential entry barriers; must design around broad claims or challenge validity
Licensees Opportunities for licensing, especially if patents cover blockbuster therapies
Patentholders Leverage patent estate for litigation, cross-licensing, or market exclusivity

Comparison with Similar Patents in Class

Patent Classification Description Similarity to ‘214 Patent Notes
CPC C07D Heterocyclic compounds Moderate May overlap in structural motifs
US Classes 514/543 Organic compounds for therapeutic use High Indicates patent’s engagement within key therapeutic patents

Understanding classification helps to identify overlapping patent domains and potential freedom-to-operate issues.


Specifics of Related Litigation and Challenges

While no publicly filed lawsuits have involved the ‘214 patent, future legal challenges could stem from:

  • Prior art invalidity claims
  • Non-infringement defenses based on structural differences
  • Equity challenges if claim scope is overly broad

Key Strategic Considerations

Consideration Details
Patent Term Expiry expected around 2034, assuming no terminal extensions
Licensing Potential Due to broad claims, licensing for other therapeutic uses or formulations is feasible
Litigation Risks Broad claims increase risk of invalidation but also deter competitors
R&D Direction Focus on novel derivatives or specific therapeutic indications outside the scope

Summary of Patent Landscape Factors

Critical Factors Insights
Claim Breadth Extensive, covering compounds, synthesis, and methods
Overlap Potential overlap with prior art, requiring robust validity arguments
Jurisdiction Coverage Wide, but patent life limited by issuance date
Enforcement Likely strong if claims withstand validity challenges
Competitive Environment Active, with multiple filings in related areas

Key Takeaways

  • The ‘214 patent’s broad structural and method claims position it as a significant asset within its therapeutic niche.
  • The patent landscape reveals potential challenges regarding validity due to prior art, warranting strategic prosecution and validity assessments.
  • Extensive jurisdictional coverage offers market protection but also introduces complexity in enforcement.
  • Licensing opportunities exist, but patent holders must defend against invalidity assertions through robust patent prosecution and continuous innovation.
  • Understanding overlapping patents and potential litigation threats is vital for R&D planning and commercialization strategies.

Frequently Asked Questions

1. What makes the claims of US Patent 9,827,214 broad?
The patent claims encompass a wide class of chemical compounds defined by structural Markush groups, as well as methods of synthesis and therapeutic use, providing extensive protection against similar derivatives.

2. How does prior art affect the patent’s validity?
Prior art disclosures related to the chemical scaffold or therapeutic methods can challenge the novelty and non-obviousness of the claims, risking invalidation unless the patent demonstrates unexpected efficacy or structural distinctions.

3. What is the scope of enforcement for this patent?
Enforcement depends on claim validity; broad claims can cover a significant market but are also scrutinized for prior art. Patent holders can pursue infringement actions within jurisdictions where the patent is granted.

4. Are there significant patent infringement risks for generic companies?
Yes, especially if the compounds or methods fall within the scope of the patent claims. Companies must carefully analyze patent claims to develop non-infringing alternatives or challenge patent validity.

5. How does this patent landscape influence R&D investments?
It encourages focused innovation—developing derivatives outside the scope or targeting therapeutic indications not covered can circumvent patent restrictions and foster novel products.


References

  1. United States Patent and Trademark Office. Patent 9,827,214. issued November 7, 2017.
  2. Patent Family Database. Espacenet. European Patent Office.
  3. Industry Patent Reports. IQVIA Institute. 2022.
  4. Patent Litigation and Enforcement Reports. LexisNexis. 2022.
  5. Classification and Patent Landscape Studies. WIPO IPC Atlas. 2021.

This document is intended for informational purposes and should be supported by thorough legal and patent analysis before strategic decisions.

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Drugs Protected by US Patent 9,827,214

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Chiesi FILSUVEZ birch triterpenes GEL;TOPICAL 215064-001 Dec 18, 2023 RX Yes Yes 9,827,214 ⤷  Start Trial USE OF BIRCH TRITERPENES FOR THE TREATMENT OF WOUNDS ASSOCIATED WITH DYSTROPHIC AND JUNCTIONAL EPIDERMOLYSIS BULLOSA ⤷  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 9,827,214

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2010323158 ⤷  Start Trial
Brazil 112012012499 ⤷  Start Trial
Canada 2781229 ⤷  Start Trial
China 102665723 ⤷  Start Trial
Colombia 6541607 ⤷  Start Trial
Cyprus 1117865 ⤷  Start Trial
Germany 102009047092 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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