Patent 10828345

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

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Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

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Based on a review of US patent 10828345, the patent itself lists several prior art references in its "BACKGROUND" and "CROSS-REFERENCE TO RELATED APPLICATIONS" sections, as well as in the "Cited By" section on Google Patents. The most relevant prior art documents would be the ones that disclose key elements of the claimed invention, particularly the sequential administration of a VEGF antagonist with specific dosing frequencies and the nature of the VEGF antagonist.

Here are the prior art references explicitly mentioned within the patent text and their potential relevance to claim 1, which defines a method for treating an angiogenic eye disorder using a specific sequential dosing regimen of a VEGF antagonist (receptor-based chimeric molecule, specifically Ig domain 2 from Flt1 and Ig domain 3 from Flk1, with a multimerizing component):

1. U.S. Provisional Application No. 61/432,245

  • Full Citation: U.S. Provisional Application No. 61/432,245
  • Publication/Filing Date: Filed on Jan. 13, 2011 (priority date of US10828345B2)
  • Brief Description: This is a provisional application from which the current patent claims priority. As such, it would generally contain similar or foundational subject matter. It is likely to describe methods for treating angiogenic eye disorders using VEGF antagonists and potentially similar dosing regimens.
  • Potential Anticipation (35 U.S.C. § 102): This provisional application is the priority document for US10828345B2, meaning that the current patent claims the benefit of its filing date. Therefore, it would not anticipate US10828345B2 under 35 U.S.C. § 102 if the claims are fully supported by the provisional application. Instead, it serves as the earliest effective filing date for the disclosed subject matter. If, however, certain aspects of claim 1 were not fully disclosed in this provisional, then any intervening art between its filing date and the filing date of the later applications in the chain could potentially be prior art.

2. U.S. Pat. No. 7,396,664

  • Full Citation: U.S. Pat. No. 7,396,664
  • Publication/Filing Date: The patent itself refers to it for information about the C-terminal amino acid of SEQ ID NO:2 and for additional VEGF receptor-based chimeric molecules. (Specific publication/filing dates would need to be retrieved from a direct search of this patent number).
  • Brief Description: This patent is cited for disclosing VEGF receptor-based chimeric molecules, specifically mentioning VEGFR1R2-FcΔC1(a) and details about its components, including the FcΔC1(a) multimerization component. It explicitly states that the C-terminal amino acid K458 of SEQ ID NO:2 "may or may not be included in the VEGF antagonist used in the methods of the invention" and directs to U.S. Pat. No. 7,396,664 for more information.
  • Potential Anticipation (35 U.S.C. § 102): This patent potentially anticipates the "VEGF antagonist is a receptor-based chimeric molecule comprising an immunoglobin-like (Ig) domain 2 of a first VEGF receptor which is Flt1 and Ig domain 3 of a second VEGF receptor which is Flk1, and a multimerizing component" aspect of claim 1, as it is directly referenced for the detailed description of this type of VEGF antagonist (VEGFR1R2-FcΔC1(a), also known as aflibercept, which is specified in dependent claim 2). The specific sequential dosing regimen, however, would likely not be anticipated by this reference unless explicitly detailed within it.

3. U.S. Pat. No. 7,303,746

  • Full Citation: U.S. Pat. No. 7,303,746
  • Publication/Filing Date: Mentioned in the Background section as generally describing methods for treating eye disorders using VEGF antagonists, and also for additional VEGF receptor-based chimeric molecules that can be used. (Specific publication/filing dates would need to be retrieved from a direct search of this patent number).
  • Brief Description: This patent is generally cited for "Methods for treating eye disorders using VEGF antagonists" and for disclosing "Additional VEGF receptor-based chimeric molecules which can be used in the context of the present invention."
  • Potential Anticipation (35 U.S.C. § 102): Similar to U.S. Pat. No. 7,396,664, this patent likely anticipates the general concept of using VEGF antagonists (including receptor-based chimeric molecules) to treat angiogenic eye disorders and the specific composition of the VEGF antagonist. However, it is unlikely to anticipate the specific sequential dosing regimen claimed in claim 1, which involves distinct initial, secondary (4-week interval), and tertiary (12-week interval) doses.

4. WO 00/75319

  • Full Citation: WO 00/75319
  • Publication/Filing Date: Cited for additional VEGF receptor-based chimeric molecules. (Specific publication/filing dates would need to be retrieved from a direct search of this patent number).
  • Brief Description: This international publication is cited for "Additional VEGF receptor-based chimeric molecules which can be used in the context of the present invention."
  • Potential Anticipation (35 U.S.C. § 102): Similar to the other patent citations concerning the VEGF antagonist composition, this document likely anticipates the nature of the VEGF antagonist as a receptor-based chimeric molecule. The specific sequential dosing regimen of claim 1 would likely not be anticipated by this reference.

5. U.S. Pat. Nos. 7,306,799 and 7,300,563; and US 2007/0190058

  • Full Citation: U.S. Pat. Nos. 7,306,799; 7,300,563; and US 2007/0190058
  • Publication/Filing Date: Mentioned in the Background section as generally describing methods for treating eye disorders using VEGF antagonists. (Specific publication/filing dates would need to be retrieved from a direct search of these patent numbers).
  • Brief Description: These patents are broadly cited in the background as mentioning "Methods for treating eye disorders using VEGF antagonists."
  • Potential Anticipation (35 U.S.C. § 102): These references would broadly anticipate the concept of using VEGF antagonists for angiogenic eye disorders. However, they are unlikely to anticipate the specific sequential dosing regimen or the precise structural definition of the VEGF antagonist as laid out in claim 1 of US10828345B2. Their relevance as anticipating prior art for the specific claim 1 would depend on the level of detail they provide regarding dosing schedules and the exact nature of the VEGF antagonist.

The critical aspect for anticipation of claim 1 would be the combination of the specific VEGF antagonist (receptor-based chimeric molecule with Ig domain 2 from Flt1 and Ig domain 3 from Flk1, and a multimerizing component) with the exact sequential dosing regimen (initial dose, secondary doses every 4 weeks, tertiary doses every 12 weeks). While the prior patents cited might disclose the VEGF antagonist itself, it is less likely they would disclose this particular and precise dosing schedule. The patent itself highlights that the "present inventors have surprisingly discovered that beneficial therapeutic effects can be achieved in patients suffering from angiogenic eye disorders by administering a VEGF antagonist to a patient at a frequency of once every 8 or more weeks, especially when such doses are preceded by about three doses administered to the patient at a frequency of about 2 to 4 weeks," suggesting that the dosing regimen is a novel and inventive aspect. The difference in the claimed "tertiary dose" interval of "12 weeks" in claim 1, compared to the general "8 or more weeks" in the abstract or "8 weeks" in exemplary embodiments and FDA-approved aflibercept regimen, could also be a point of distinction from some prior art.

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