United States Patent 10,258,564: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 10,258,564, titled "Topical compositions and methods of using the same," is a significant patent in the field of pharmaceutical and cosmetic formulations. This patent, issued to protect innovative topical compositions, is crucial for understanding the current state of technology in this area. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Details
- Publication Number: US10258564B2
- Filing Date: October 14, 2014
- Grant Date: March 12, 2019
- Assignee: The patent is assigned to the inventors or their designated entities, which are not specified in the publicly available documents[4].
Scope of the Invention
The patent pertains to topical compositions, which are formulations applied directly to the skin or mucous membranes. These compositions are designed to deliver various active ingredients, such as pharmaceuticals, cosmetics, or a combination of both.
Key Components
- Composition: The patent describes a topical composition that includes a mixture of ingredients such as acrylic acid, lactic acid, silicon dioxide, and various polymers like hypromellose and polysaccharides. These components are combined to achieve specific properties like stability, viscosity, and bioavailability[4].
Methods of Use
The invention also encompasses methods for using these topical compositions. This includes applying the composition to the skin or mucous membranes for therapeutic or cosmetic purposes. The methods may involve specific application techniques, dosages, and treatment durations.
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically describe the composition and its components, as well as the methods for preparing and using the composition.
- Claim 1: This claim typically defines the broadest scope of the invention, outlining the essential components of the topical composition, such as the presence of specific polymers, acids, and other additives[4].
Dependent Claims
Dependent claims further narrow down the scope by adding additional limitations or specific embodiments of the invention.
- Claim 2-10: These claims may specify particular ratios of ingredients, additional components, or specific methods of application. For example, a dependent claim might specify a particular concentration of lactic acid or the inclusion of a buffering agent[4].
Patent Landscape
Prior Art
The patent landscape for topical compositions is extensive, with numerous prior art references cited in the patent document. These references include earlier patents and publications that describe similar compositions and methods.
- Cited References: The patent cites various prior art documents, including patents and scientific publications, that relate to the use of similar ingredients and methods in topical formulations[4].
Global Dossier and International Patent Offices
To understand the global patent landscape, tools like the Global Dossier and databases from international patent offices are invaluable.
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Global Dossier: This service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This helps in identifying similar inventions and their status worldwide[1].
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International Patent Offices: Databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) offer insights into similar patents filed in other countries[1].
Search and Analysis Tools
USPTO Resources
The United States Patent and Trademark Office (USPTO) provides several resources for searching and analyzing patents.
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Patent Public Search: This tool offers enhanced access to prior art and is essential for conducting a thorough patent search[1].
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Patent Claims Research Dataset: This dataset, provided by the USPTO, contains detailed information on claims from US patents and can be used to analyze the scope and trends of patent claims[3].
Common Citation Document (CCD)
The CCD application consolidates citation data from participating IP offices, allowing users to visualize the prior art cited by multiple offices for the same invention. This is particularly useful for understanding the global patent landscape and identifying potential prior art[1].
Economic and Market Impact
Market Dominance
Patents like US10258564B2 can provide significant market advantages by protecting innovative formulations and methods. This protection can prevent competitors from using similar compositions, thereby giving the patent holder a competitive edge.
- Generic Entry: The expiration of this patent can lead to generic entry, where other companies can produce similar formulations, potentially reducing the market share of the original patent holder[2].
Research and Development
The data from this patent can also drive further research and development. By analyzing the claims and compositions described, researchers can identify areas for improvement or new applications.
- Trends in Patent Scope: Studies like those conducted by the USPTO's Office of Chief Economist can provide insights into trends in patent scope and claims, helping to guide future R&D efforts[3].
Key Takeaways
- Innovation Protection: US Patent 10,258,564 protects a specific topical composition and its methods of use, providing the patent holder with exclusive rights.
- Global Landscape: The patent is part of a broader global landscape of similar inventions, which can be analyzed using tools like the Global Dossier and international patent office databases.
- Market Impact: The patent can significantly impact the market by preventing generic competition and driving further innovation.
- Research and Development: The data from this patent can inform future R&D efforts and help in understanding trends in patent claims and scope.
FAQs
Q: What is the main subject of United States Patent 10,258,564?
A: The main subject is topical compositions and methods of using these compositions, particularly those involving specific polymers and acids.
Q: How can one search for similar patents globally?
A: Tools like the Global Dossier and databases from international patent offices such as the EPO, JPO, and WIPO can be used to search for similar patents globally.
Q: What is the significance of the Common Citation Document (CCD) in patent searching?
A: The CCD consolidates citation data from multiple IP offices, allowing users to visualize the prior art cited by several offices for the same invention.
Q: How does the expiration of a patent like US10258564B2 affect the market?
A: The expiration can lead to generic entry, allowing other companies to produce similar formulations and potentially reducing the market share of the original patent holder.
Q: What resources are available for analyzing patent claims and scope?
A: Resources such as the USPTO's Patent Claims Research Dataset and studies by the Office of Chief Economist provide detailed information on claims and trends in patent scope.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- DrugPatentWatch - Patent 10,258,564: https://www.drugpatentwatch.com/p/patent/10258564
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US10258564B2: https://patents.google.com/patent/US10258564
