Understanding the Scope and Claims of United States Patent 10,188,811
Introduction
United States Patent 10,188,811, titled "Nasal spray device," is a significant patent in the pharmaceutical industry, particularly for the delivery of nasal spray formulations. This patent, issued on January 29, 2019, covers a nasal spray device designed for the metered delivery of pharmaceutical formulations. Here’s a detailed analysis of its scope, claims, and the broader patent landscape.
Patent Overview
The patent US10188811B2 describes a nasal spray device intended for the delivery of pharmaceutical formulations to the nasal cavity in metered doses. The device includes a pressurized aerosol container, a discharge orifice, and a transfer channel, among other components[4].
Key Components of the Patent
- Pressurized Aerosol Container: This is a critical component that houses the pharmaceutical formulation under pressure, ensuring consistent delivery.
- Discharge Orifice: This is the point through which the formulation is dispensed into the nasal cavity.
- Transfer Channel: This channel connects the pressurized container to the discharge orifice, facilitating the transfer of the formulation.
Claims of the Patent
The patent includes several claims that define the scope of the invention. Here are some key claims:
- Independent Claims: These claims define the core aspects of the invention. For example, Claim 1 describes the nasal spray device as comprising a pressurized aerosol container, a discharge orifice, and a transfer channel[4].
- Dependent Claims: These claims build upon the independent claims, providing additional details and specifications. For instance, dependent claims might specify the materials used for the components or the dimensions of the transfer channel.
Patent Scope and Metrics
The scope of a patent is crucial in determining its breadth and impact. Two simple metrics often used to measure patent scope are independent claim length and independent claim count[3].
- Independent Claim Length: Longer independent claims generally indicate a more detailed and specific invention, which can limit the scope.
- Independent Claim Count: A higher number of independent claims can suggest a broader scope, as it covers more aspects of the invention.
For US10188811B2, the independent claims are detailed, indicating a specific and well-defined invention.
Patent Expiration and Status
The patent US10188811B2 is currently active and is set to expire on October 2031, approximately 7 years from the current date. This expiration date is based on the standard 20-year term from the filing date, adjusted for any delays or extensions[1][5].
Related Patents and Landscape
The patent landscape for nasal spray devices and pharmaceutical formulations is complex and involves multiple patents.
- Expired Patents: Previous patents related to medicinal aerosol formulations (e.g., US5776432, US5683677, US5605674) have expired, indicating that certain aspects of nasal spray technology are no longer under patent protection[1].
- Active Patents: Other patents, such as US7780038 for a dispensing apparatus with a dosage counter, are still active and will expire in January 2027. These patents complement the technology covered by US10188811B2[1].
Economic and Innovation Impact
The patent US10188811B2 has significant economic and innovation implications. Patents like this one can influence the development and marketing of pharmaceutical products by:
- Protecting Intellectual Property: By granting exclusive rights to the patent holder, it incentivizes innovation and investment in research and development.
- Regulating Competition: The patent prevents other companies from manufacturing or selling the same device, thereby reducing competition and potentially increasing costs for consumers.
- Encouraging Licensing and Collaboration: The patent can also facilitate licensing agreements and collaborations between companies, which can accelerate the development and distribution of new treatments[3].
Legal and Regulatory Considerations
The legal status of the patent is active, but it is important to note that legal statuses can change due to various factors such as patent infringement litigation or re-examination proceedings.
- Patent Infringement: Companies must ensure they do not infringe on the claims of US10188811B2 when developing their own nasal spray devices.
- Regulatory Approvals: The device must also comply with FDA regulations and obtain necessary approvals before it can be marketed and sold[5].
Industry Expert Insights
Industry experts often emphasize the importance of patent scope and claims in protecting innovation.
"Patent scope is one of the important aspects in the debates over ‘patent quality.’ The purported decrease in patent quality over the past decade or two has supposedly led to granting patents of increased breadth (or ‘overly broad’ patents), decreased clarity, and questionable validity."[3]
Statistics and Trends
The patent landscape is dynamic, with trends indicating a shift towards more specific and detailed claims.
- Patent Claims Research Dataset: This dataset from the USPTO shows that between 1976 and 2014, there was a significant increase in the number of claims per patent, indicating a trend towards more detailed and specific inventions[2].
Conclusion
United States Patent 10,188,811 is a critical patent in the field of nasal spray devices, providing a detailed and specific invention that protects the intellectual property of the patent holder. Understanding the scope, claims, and expiration of this patent is essential for companies involved in the development and marketing of similar devices.
Key Takeaways
- Patent Scope: The patent's scope is defined by its independent and dependent claims, which specify the components and functionality of the nasal spray device.
- Expiration Date: The patent is set to expire in October 2031.
- Economic Impact: The patent influences innovation, competition, and licensing in the pharmaceutical industry.
- Legal Considerations: Companies must ensure compliance with the patent's claims and regulatory requirements.
- Industry Trends: The patent landscape shows a trend towards more detailed and specific claims.
FAQs
What is the main purpose of United States Patent 10,188,811?
The main purpose of this patent is to protect the invention of a nasal spray device designed for the metered delivery of pharmaceutical formulations.
When does the patent US10188811B2 expire?
The patent US10188811B2 is set to expire on October 2031.
What are the key components of the nasal spray device described in the patent?
The key components include a pressurized aerosol container, a discharge orifice, and a transfer channel.
How does the patent impact the pharmaceutical industry?
The patent protects intellectual property, regulates competition, and can facilitate licensing agreements and collaborations.
What metrics are used to measure the scope of a patent?
Common metrics include independent claim length and independent claim count.
Sources
- Pharsight: Qnasl patent expiration - Pharsight
- USPTO: Patent Claims Research Dataset - USPTO
- Hoover Institution: Patent Claims and Patent Scope - Hoover Institution
- Google Patents: US10188811B2 - Nasal spray device - Google Patents
- Drugs.com: Generic QNASL Availability - Drugs.com
