Understanding the Scope and Claims of United States Patent 10,265,402: A Detailed Analysis
Introduction
United States Patent 10,265,402, titled "Absorption enhancers for drug administration," is a significant patent in the field of pharmaceuticals, particularly focusing on methods and compositions for enhancing drug absorption. This article will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Title and Abstract
The patent, granted on April 23, 2019, describes compositions and methods for enhancing the absorption of drugs, particularly through oral administration. The invention involves the use of specific absorption enhancers to improve the bioavailability of therapeutic agents[5].
Scope of the Patent
Technical Field
The patent falls under the technical field of pharmaceutical formulations, specifically targeting the enhancement of drug absorption. This is a critical area in drug development, as improved absorption can lead to better efficacy and reduced dosages.
Background of the Invention
The background section of the patent highlights the challenges associated with poor drug absorption, such as reduced bioavailability and the need for higher dosages. It introduces the concept of absorption enhancers as a solution to these problems, setting the stage for the innovative approach presented in the patent[5].
Claims of the Patent
Independent and Dependent Claims
The patent includes a series of claims that define the scope of the invention. Independent claims outline the broadest aspects of the invention, while dependent claims provide more specific details and variations.
- Independent Claims: These claims define the core elements of the invention, such as the composition of the absorption enhancers and the methods of their use. For example, Claim 1 might describe a pharmaceutical composition comprising a therapeutic agent and a specific absorption enhancer.
- Dependent Claims: These claims build upon the independent claims, providing additional details or specific embodiments. For instance, a dependent claim might specify the type of therapeutic agent or the dosage form (e.g., tablet, capsule)[5].
Claim Language and Scope
The language used in the claims is crucial for determining the patent's scope. Narrower claims, which are more specific, are generally easier to enforce but may limit the patent's breadth. Broader claims, while more inclusive, may face challenges in terms of validity and enforceability. Research suggests that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Patent Landscape
Technology Field
The patent is classified within the "Drugs and Medical Instruments" field, one of the six broad technology fields defined by the National Bureau of Economics Research (NBER) classification scheme. This field has seen significant changes in patent allowance rates over the years, with a notable decrease in allowance rates for applications in this category[1].
Patent Allowance Rates
Studies have shown that the allowance rate for patent applications in the "Drugs and Medical Instruments" field has decreased substantially over time. For instance, a study analyzing 2.15 million U.S. patent applications from 1996 to mid-2013 found that only 55.8% of the applications in this field emerged as patents without using continuation procedures[1].
Continuation Procedures
Continuation procedures, such as Requests for Continued Examination (RCEs), are common in the patent prosecution process. These procedures allow applicants to continue the examination process after an initial rejection. The use of continuation procedures can significantly impact the final outcome of a patent application, and their prevalence varies across different technology fields[1].
Search and Examination Process
Patent Public Search
To understand the context of this patent, one can use the USPTO's Patent Public Search tool, which provides enhanced access to prior art and allows users to search for existing patents and published patent applications. This tool is essential for conducting a thorough search to ensure the novelty and non-obviousness of the invention[4].
Global Dossier
The Global Dossier service can also be utilized to view the file histories of related applications from participating IP Offices. This service helps in identifying office actions and other relevant data, which can be crucial in understanding the patent's position within the global patent landscape[4].
Impact on Innovation
Patent Quality and Scope
The debate over patent quality often revolves around the breadth and clarity of patent claims. Patents with overly broad claims can lead to increased licensing and litigation costs, potentially diminishing innovation incentives. The metrics used to measure patent scope, such as independent claim length and count, can provide insights into the quality and impact of patents like US 10,265,402[3].
Forward Citations and Patent Maintenance
The number of forward citations and patent maintenance payments can also indicate the significance and impact of a patent. Patents that receive more forward citations are generally considered more influential, and those with higher maintenance payments suggest greater commercial value[3].
Key Takeaways
- Patent Scope and Claims: The patent's scope is defined by its claims, which must be carefully crafted to balance breadth and specificity.
- Technology Field: The patent falls within the "Drugs and Medical Instruments" field, which has seen declining allowance rates.
- Continuation Procedures: These procedures are common and can affect the patent's final outcome.
- Search and Examination: Tools like Patent Public Search and Global Dossier are essential for understanding the patent's context.
- Impact on Innovation: The patent's quality and scope can influence innovation incentives and costs.
FAQs
What is the main focus of United States Patent 10,265,402?
The main focus of this patent is on compositions and methods for enhancing the absorption of drugs, particularly through oral administration.
How do continuation procedures affect patent applications?
Continuation procedures, such as Requests for Continued Examination (RCEs), allow applicants to continue the examination process after an initial rejection, which can significantly impact the final outcome of a patent application.
What tools can be used to search for prior art related to this patent?
Tools such as the USPTO's Patent Public Search and the Global Dossier service can be used to search for prior art and understand the patent's position within the global patent landscape.
How does the scope of a patent affect its enforceability?
The scope of a patent, defined by its claims, must balance breadth and specificity. Narrower claims are easier to enforce but may limit the patent's breadth, while broader claims may face challenges in terms of validity and enforceability.
What metrics can be used to measure the impact of a patent?
Metrics such as independent claim length and count, forward citations, and patent maintenance payments can provide insights into the quality and impact of a patent.
Sources
- Carley, M., Hegde, D., & Marco, A. (2015). What Is the Probability of Receiving a US Patent? Yale Journal of Law & Technology, 17, 203.
- U.S. Patent and Trademark Office (USPTO). (n.d.). U.S. Patent and Trademark Office (USPTO) | USAGov.
- SSRN. (2016). Patent Claims and Patent Scope.
- USPTO. (2018). Search for patents - USPTO.
- Google Patents. (2019). Absorption enhancers for drug administration - Patent US-10265402-B2.
