United States Patent 10,292,938: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 10,292,938, titled "Methods and compositions particularly for treatment of attention deficit disorder," is a significant patent in the pharmaceutical sector. This patent, issued to address treatments for attention deficit disorder (ADD), involves innovative methods and compositions that enhance the delivery of central nervous system stimulants. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Details
- Publication Number: US10292938B2
- Authority: United States
- Prior Art Date: The patent application was filed on August 14, 2018, with a priority date of August 14, 2017[4].
Invention Summary
The patent describes a novel oral solid pharmaceutical composition designed to treat attention deficit disorder. The composition includes multiple types of coated beads, each configured to release the active pharmaceutical ingredient at different times. This approach ensures both immediate and delayed release of the central nervous system stimulant, providing a more controlled and effective treatment regimen[4].
Scope of the Patent
Claims
The patent includes several claims that define the scope of the invention. Here are some key claims:
- Claim 1: Describes the oral solid pharmaceutical composition comprising a first plurality of coated beads for immediate release of the active ingredient and a second plurality of coated beads for delayed release[4].
- Claim 2: Specifies the composition of the coated beads, including the granule, the first layer with the active pharmaceutical ingredient, and the optional second layer for delayed release[4].
- Claim 3: Details the method of administering the composition to provide a sustained release profile[4].
Claim Construction
The claims are constructed to cover the specific methods and compositions described, ensuring that any similar inventions would infringe on these claims. For instance, the claims specify the use of a central nervous system stimulant, such as methylphenidate, and the particular coating layers that enable the desired release profile[4].
Patent Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims (e.g., Claim 1) stand alone and define the invention broadly, while dependent claims (e.g., Claim 2) build upon the independent claims and provide additional details or limitations.
Claim Scope and Breadth
The scope of the claims is critical in determining the patent's enforceability and the potential for infringement. The claims here are specific enough to protect the unique aspects of the invention but broad enough to cover variations that might be developed by others.
Patent Landscape
Prior Art
The patent landscape for treatments of attention deficit disorder is extensive, with numerous existing patents covering various aspects of central nervous system stimulants and their delivery mechanisms. The prior art cited in this patent includes references to other compositions and methods for treating ADD, highlighting the novelty and non-obviousness of the current invention[4].
Global Patent Family
To understand the full scope of protection, it is essential to look at the global patent family. Using tools like the Global Dossier provided by the USPTO, one can see related applications filed at participating IP Offices, including the IP5 Offices (USPTO, EPO, JPO, KIPO, and CNIPA)[1].
Competing Patents
Other patents in the same field may offer similar or competing solutions. For example, patents related to sustained-release formulations or different types of central nervous system stimulants could be considered competitors. Analyzing these patents can help in understanding the market landscape and potential areas for innovation.
Search and Analysis Tools
USPTO Resources
The USPTO provides several tools for searching and analyzing patents, including the Patent Public Search tool, which replaced legacy tools like PubEast and PubWest. This tool offers enhanced access to prior art and is crucial for conducting thorough patent searches[1].
International Databases
For a comprehensive analysis, it is important to search international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
Economic and Market Impact
Market Demand
The demand for effective treatments for attention deficit disorder is significant, and this patent addresses a specific need in the market. The economic impact of this patent could be substantial, given the potential for improved treatment outcomes and patient compliance.
Competitive Advantage
Holding this patent provides a competitive advantage in the pharmaceutical market, allowing the patent holder to exclude others from making, using, or selling the described compositions and methods. This can lead to higher market share and revenue.
Legal Status and Enforcement
Current Status
As of the latest information, the patent is active, indicating that it is still enforceable and protected under U.S. patent law[4].
Enforcement Strategies
To maintain the competitive advantage, the patent holder must actively enforce the patent against potential infringers. This involves monitoring the market, conducting regular patent searches, and taking legal action when necessary.
Conclusion
United States Patent 10,292,938 represents a significant innovation in the treatment of attention deficit disorder. The detailed analysis of its scope, claims, and the broader patent landscape highlights its importance and potential impact on the pharmaceutical industry.
Key Takeaways
- Innovative Composition: The patent describes a novel oral solid pharmaceutical composition with immediate and delayed release profiles.
- Specific Claims: The claims are detailed and specific, protecting the unique aspects of the invention.
- Global Patent Family: Understanding the global patent family is crucial for comprehensive protection.
- Market Impact: The patent has significant economic and market implications due to its potential to improve treatment outcomes.
- Legal Enforcement: Active enforcement is necessary to maintain the competitive advantage.
FAQs
Q: What is the main innovation described in US Patent 10,292,938?
A: The main innovation is an oral solid pharmaceutical composition designed to treat attention deficit disorder, featuring coated beads with immediate and delayed release profiles.
Q: How do the claims in this patent protect the invention?
A: The claims are specific and detailed, covering the composition, method of administration, and the unique release profiles of the coated beads.
Q: What tools can be used to search for related patents internationally?
A: Tools such as the Global Dossier, EPO's esp@cenet, JPO's database, and WIPO's PATENTSCOPE can be used to search for related patents internationally.
Q: Why is it important to analyze the global patent family?
A: Analyzing the global patent family helps in understanding the full scope of protection and identifying related applications filed in other jurisdictions.
Q: How can the patent holder enforce this patent?
A: The patent holder can enforce the patent by monitoring the market, conducting regular patent searches, and taking legal action against potential infringers.
