United States Patent 10,238,640: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 10,238,640, titled "Pharmaceutical suspension composition," is a significant patent in the pharmaceutical industry, particularly in the realm of suspension formulations. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Publication Number and Authority
The patent in question is US10238640B2, issued by the United States Patent and Trademark Office (USPTO)[2].
Prior Art and Background
The patent builds upon prior art, including U.S. Pat. Nos. 5,272,137 and 5,409,907, which describe liquid suspension systems for substantially water-soluble pharmaceutical actives. The current patent improves upon these earlier inventions by providing a more stable and effective suspension composition[2].
Composition and Ingredients
The pharmaceutical suspension composition covered by this patent includes ingredients such as ibuprofen, glycerol, xanthan gum, microcrystalline cellulose, and other components like sorbitol and acetic acid. These ingredients are carefully formulated to ensure the stability and efficacy of the suspension[2].
Scope of the Patent
Claims
The patent includes several claims that define the scope of the invention. These claims are critical in determining what aspects of the pharmaceutical suspension composition are protected. Key claims include:
- The composition of the suspension, including the specific ratios and types of ingredients.
- The method of preparing the suspension.
- The use of the suspension for treating various conditions, such as pain and inflammation[2].
Protection and Exclusivity
The patent grants the exclusive right to make, use, or sell the described pharmaceutical suspension composition. This exclusivity is a cornerstone of the patent system, allowing inventors to reap the benefits of their innovation while preventing others from using the same invention without permission[4].
Patent Claims and Structure
Claim Types
The patent includes various types of claims, such as independent claims and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims[3].
Claim Analysis
The claims in this patent are detailed and specific, ensuring that the protection is narrowly tailored to the invention. For example, Claim 1 might describe the overall composition, while subsequent claims might detail specific ratios of ingredients or methods of preparation. This structure helps in defining the boundaries of the invention and what would constitute infringement[2].
Patent Landscape
International Patent Family
The patent has nine patent family members, indicating that similar patents have been filed in other jurisdictions to protect the invention globally. This is a common strategy to ensure broad protection across different markets[5].
Related Patents and Prior Art
The patent landscape includes other related patents and prior art that have contributed to the development of pharmaceutical suspension compositions. Understanding this landscape is crucial for identifying potential infringement risks and opportunities for further innovation[1][4].
Global Dossier and International Search
Tools like the Global Dossier and international patent databases (e.g., EPO's esp@cenet, JPO's database, and WIPO's PATENTSCOPE) are essential for searching and analyzing the global patent family and related patents. These resources help in identifying office actions, citations, and other relevant data across different jurisdictions[1].
Economic and Technological Trends
Patent Activity in the Pharmaceutical Sector
The pharmaceutical sector is highly active in terms of patent filings. According to USPTO data, the number of patents granted in this sector reflects the ongoing innovation and competition. For instance, in 2018, the USPTO awarded a significant number of utility patents, with a substantial portion going to the pharmaceutical and biotechnology fields[4].
Technological Fields and Classification
Patents in the pharmaceutical sector are classified under specific technological fields, such as chemistry and pharmacology. The World Intellectual Property Organization (WIPO) classification system, which includes 35 International Patent Classification (IPC) technical fields, is used to categorize these patents. This classification helps in tracking trends and innovations within specific areas[4].
Practical Implications
Licensing and Collaboration
The exclusive rights granted by this patent can be leveraged through licensing agreements or collaborations. Companies may choose to license the technology to other firms or collaborate on further research and development to expand the market reach of the pharmaceutical suspension composition[4].
Litigation and Enforcement
Understanding the scope and claims of this patent is crucial for avoiding potential litigation. Companies must ensure that their products do not infringe on the protected claims, and any disputes can be resolved through legal means[4].
Key Takeaways
- Patent Scope and Claims: The patent protects a specific pharmaceutical suspension composition, including its ingredients and method of preparation.
- International Protection: The patent has a global family with nine members, ensuring broad protection.
- Economic and Technological Trends: The pharmaceutical sector is highly active in patent filings, with significant innovations in suspension formulations.
- Practical Implications: The patent can be leveraged through licensing and collaboration, and its scope must be carefully considered to avoid litigation.
FAQs
What is the main subject of United States Patent 10,238,640?
The main subject is a pharmaceutical suspension composition, particularly for formulations containing ibuprofen.
How does this patent build upon prior art?
It improves upon earlier liquid suspension systems by providing a more stable and effective composition.
What are the key ingredients in the patented composition?
Key ingredients include ibuprofen, glycerol, xanthan gum, microcrystalline cellulose, sorbitol, and acetic acid.
How can companies protect themselves from infringing on this patent?
Companies must ensure their products do not match the protected claims and consider licensing agreements or collaborations.
What tools can be used to search for related patents globally?
Tools like the Global Dossier, EPO's esp@cenet, JPO's database, and WIPO's PATENTSCOPE can be used to search for related patents globally.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Google Patents - US10238640B2: https://patents.google.com/patent/US10238640B2/en
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- NSF - Invention: U.S. and Comparative Global Trends: https://ncses.nsf.gov/pubs/nsb20204/invention-u-s-and-comparative-global-trends
- DrugPatentWatch - Patent 10,238,640: https://www.drugpatentwatch.com/p/patent/10238640
