United States Patent 10,023,560: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 10,023,560 is a significant intellectual property asset in the pharmaceutical sector, particularly related to the manufacture and use of certain active ingredients. This article delves into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Patent Number and Title
The patent in question is U.S. Patent No. 10,023,560. While the exact title is not provided in the sources, it is associated with the manufacture and use of specific pharmaceutical compounds[4].
Foreign Priority and PCT Information
This patent has international implications, with foreign priority and PCT (Patent Cooperation Treaty) information. It was filed under PCT/IB2013/060595 on December 3, 2013, and has corresponding patents in various countries such as Australia, Brazil, Canada, Chile, China, and Cyprus[1].
Scope of the Patent
Subject Matter
The patent covers methods and processes related to the manufacture and use of pharmaceutical compounds. This includes the active ingredients, their formulation, and the processes involved in their production[4].
Claims
The claims of the patent are crucial as they define the scope of protection. While the specific claims are not detailed here, they typically include:
- Composition of Matter Claims: These claims cover the chemical structure and formulation of the active ingredients.
- Method of Manufacture Claims: These claims protect the specific processes used to produce the pharmaceutical compounds.
- Use Claims: These claims cover the intended uses of the pharmaceutical compounds, such as treatment of specific diseases or conditions[3].
Patent Claims Analysis
Claim Coverage Matrix
To understand the full scope of protection, a Claim Coverage Matrix can be used. This matrix categorizes patents by claims and scope concepts, helping to identify which patents and claims are actively protecting the intellectual property. For U.S. Patent 10,023,560, this would involve analyzing each claim to determine its relevance to the technology it intends to protect[3].
Claim Charts
Interactive claim charts generated by software like ClaimScape® can be used to review patent coverage. These charts help technical experts, engineers, scientists, and management to determine whether a particular scope concept is applicable to a target product or method. This tool is essential for identifying gaps in current coverage and highlighting future design opportunities[3].
Patent Landscape
Related Patents
The patent landscape surrounding U.S. Patent 10,023,560 includes other related patents. For example, patents such as U.S. Patent Nos. 9,732,075, 9,790,208, 9,914,720, and 11,124,488 are also related to the active ingredient or the process of its manufacture[4].
Expiration Dates
Understanding the expiration dates of these patents is crucial for strategic planning. The estimated expiration dates for U.S. Patent 10,023,560 and its corresponding foreign patents can be determined by considering the filing dates and the typical patent term of 20 years from the earliest priority date[1][5].
Supplementary Protection Certificates (SPCs)
In some countries, Supplementary Protection Certificates (SPCs) can extend the patent term beyond the standard 20 years. For U.S. Patent 10,023,560, it is important to check if SPCs have been granted in countries like Australia, Brazil, Canada, and others to extend the protection period[1].
Patent Eligibility and Legal Considerations
Section 101 of the U.S. Patent Act
The patentability of processes and methods under U.S. Patent 10,023,560 must comply with Section 101 of the U.S. Patent Act. This section requires that the claims must not be directed to laws of nature, natural phenomena, or abstract ideas. Instead, they must be an application of these principles to a known structure or process[2].
Machine-or-Transformation Test
The machine-or-transformation test is a key criterion for determining patent eligibility. The claims must either be tied to a particular machine or apparatus or transform a particular article into a different state or thing. This test helps ensure that the patent claims are not too broad or abstract[2].
Strategic Implications
Identifying Gaps and Opportunities
Using patent analytics tools, companies can identify gaps in their current patent coverage and highlight future design opportunities. This is particularly important for pharmaceutical companies that need to protect their intellectual property while also innovating and expanding their product lines[3].
Managing Patent Portfolios
Effective management of patent portfolios involves regularly reviewing and updating claim charts and coverage matrices. This helps in maintaining high-value patents, identifying medium-value patents with potential future directions, and deciding which low-value patents may not be worth maintaining[3].
Industry Impact
Competitive Advantage
Holding a patent like U.S. Patent 10,023,560 provides a significant competitive advantage in the pharmaceutical industry. It allows the patent holder to exclude others from making, using, or selling the protected compounds, thereby protecting market share and revenue[4].
Innovation and Research
Patents like this one also drive innovation by incentivizing research and development. By protecting intellectual property, companies are more likely to invest in R&D, leading to the development of new treatments and therapies[3].
Key Takeaways
- Scope and Claims: U.S. Patent 10,023,560 covers specific pharmaceutical compounds, their manufacture, and use.
- International Protection: The patent has corresponding protections in multiple countries.
- Patent Analytics: Tools like Claim Coverage Matrix and claim charts are essential for understanding and managing patent portfolios.
- Legal Considerations: The patent must comply with Section 101 of the U.S. Patent Act and the machine-or-transformation test.
- Strategic Implications: Effective patent management is crucial for identifying gaps, opportunities, and maintaining a competitive advantage.
FAQs
What is the significance of U.S. Patent 10,023,560 in the pharmaceutical industry?
U.S. Patent 10,023,560 is significant because it protects specific pharmaceutical compounds, their manufacture, and use, providing a competitive advantage and driving innovation in the industry.
How do claim charts help in managing patent portfolios?
Claim charts help in reviewing patent coverage, identifying gaps in current protection, and highlighting future design opportunities. They make it easier for technical experts and management to understand the scope of protection.
What is the machine-or-transformation test, and why is it important?
The machine-or-transformation test is a criterion for determining patent eligibility. It ensures that patent claims are tied to a particular machine or apparatus or transform a particular article into a different state or thing, preventing overly broad or abstract claims.
How do Supplementary Protection Certificates (SPCs) affect patent protection?
SPCs can extend the patent term beyond the standard 20 years in certain countries, providing additional protection for the patent holder.
Why is it important to analyze the expiration dates of related patents?
Analyzing expiration dates helps companies plan strategically, understand when generic entry may occur, and make informed decisions about their product lifecycle and intellectual property strategy.
Sources
- DrugPatentWatch - Details for Patent: 10023560
- CAFC - Prometheus Laboratories, Inc. v. Mayo Collaborative Services
- SLWIP - Patent Analytics
- Idorsia - Patent Marking
- PharmaCompass - US Patent 10023560
