United States Patent 10,398,686: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 10,398,686, titled "Compositions of a polyorthoester and an aprotic solvent," is a significant patent in the field of medical and pharmaceutical sciences. This patent, issued to innovators in the biodegradable polymer and drug delivery systems, provides a comprehensive overview of a novel composition and its applications. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Invention Description
The patent describes compositions comprising a biodegradable polyorthoester polymer, an aprotic solvent, and a drug. These compositions are designed for drug delivery systems, where the polyorthoester polymer acts as a biodegradable carrier for the active pharmaceutical ingredient. The use of an aprotic solvent enhances the stability and efficacy of the drug release process[4].
Scope of the Patent
Technical Field
The patent falls under the category of medical and veterinary science, specifically within the realm of preparations for medical, dental, or toiletry purposes. The classification includes medicinal preparations containing organic active ingredients, particularly those involving heterocyclic compounds and biodegradable polymers[4].
Claims
The patent includes multiple claims that define the scope of the invention. Here are some key claims:
- Claim 1: This claim describes the composition comprising a biodegradable polyorthoester polymer, an aprotic solvent, and a drug.
- Dependent Claims: These claims further specify the types of drugs, solvents, and polymers that can be used, as well as the methods of preparation and application of the composition[4].
Claim Analysis
Independent Claims
Independent claims are crucial as they define the broadest scope of the invention. In this patent, the independent claims focus on the composition itself and the components that make it up. For instance, Claim 1 sets the foundation by specifying the essential components: the biodegradable polyorthoester polymer, the aprotic solvent, and the drug[4].
Dependent Claims
Dependent claims narrow down the scope by adding specific details to the independent claims. These claims might include particular types of drugs (e.g., antibiotics, analgesics), specific aprotic solvents (e.g., dimethyl sulfoxide), or detailed methods of preparing the composition. These claims help to protect various aspects of the invention and provide a clearer understanding of what is covered under the patent[4].
Patent Landscape
Prior Art and Citations
The patent landscape for this invention involves a thorough review of prior art and citations. The patent cites several prior art references related to biodegradable polymers, drug delivery systems, and the use of aprotic solvents. Understanding these citations is crucial for determining the novelty and non-obviousness of the invention[4].
Classification and Categories
The patent is classified under various categories within the International Patent Classification (IPC) system. For example, it falls under A61K (Preparations for medical, dental, or toiletry purposes) and more specifically under A61K31/4458 (Non condensed piperidines). This classification helps in identifying similar patents and understanding the broader technological context[4].
Global and National Patent Systems
Global Dossier
For patents like US 10,398,686, the Global Dossier system can be particularly useful. This system allows users to access the file histories of related applications from participating IP Offices, including the IP5 Offices (the United States, Japan, Korea, China, and Europe). This facilitates a comprehensive review of the patent family and related applications across different jurisdictions[1].
Public Search Facilities
The USPTO Public Search Facility and Patent and Trademark Resource Centers (PTRCs) provide valuable resources for searching and analyzing patents. These facilities offer access to patent and trademark information in various formats, including online, microfilm, and print, and are staffed by trained personnel who can assist in search techniques[1].
Legal and Regulatory Aspects
Patent Eligibility
Patents must meet specific criteria to be eligible for protection. Under 35 U.S.C. § 101, the invention must be a new and useful process, machine, manufacture, or composition of matter, or an improvement thereof. The claims must also pass the test of being directed to patent-eligible subject matter and not merely abstract ideas without an inventive step[2].
Office Actions and Litigation
The patent office may issue office actions during the examination process, which can affect the scope and validity of the patent claims. Additionally, patents can be subject to litigation, where the eligibility and validity of the claims are challenged. Understanding these legal aspects is crucial for maintaining and enforcing patent rights[2].
Impact on Innovation
Patent Scope and Quality
The scope of a patent, measured by metrics such as independent claim length and count, can influence its quality and the incentives for innovation. Narrower claims at publication are often associated with a higher probability of grant and a shorter examination process, indicating better patent quality[3].
Forward Citations and Novelty
Forward citations, which are citations received by a patent from later patents, can indicate the impact and novelty of the invention. Patents with higher forward citations are generally considered more influential and innovative[3].
Key Takeaways
- Composition and Claims: The patent describes a composition of a biodegradable polyorthoester polymer, an aprotic solvent, and a drug, with claims that specify the components and methods of preparation.
- Patent Landscape: The patent is classified under specific IPC categories and is part of a broader landscape that includes prior art and related applications.
- Legal and Regulatory: The patent must meet eligibility criteria under 35 U.S.C. § 101 and may be subject to office actions and litigation.
- Impact on Innovation: The scope and quality of the patent can influence innovation, with narrower claims often associated with better patent quality and higher forward citations indicating greater impact.
FAQs
Q: What is the main invention described in US Patent 10,398,686?
A: The main invention is a composition comprising a biodegradable polyorthoester polymer, an aprotic solvent, and a drug, designed for drug delivery systems.
Q: How does the Global Dossier system help in patent analysis?
A: The Global Dossier system allows users to access the file histories of related applications from participating IP Offices, facilitating a comprehensive review of the patent family across different jurisdictions.
Q: What are the key criteria for patent eligibility under 35 U.S.C. § 101?
A: The invention must be a new and useful process, machine, manufacture, or composition of matter, or an improvement thereof, and must not be directed to abstract ideas without an inventive step.
Q: How do forward citations indicate the impact of a patent?
A: Forward citations, which are citations received by a patent from later patents, indicate the influence and novelty of the invention, with higher forward citations generally signifying greater impact.
Q: What role do Patent and Trademark Resource Centers (PTRCs) play in patent search and analysis?
A: PTRCs provide local search resources and may offer training in patent search techniques, assisting users in accessing and analyzing patent information.
Sources
- USPTO: Search for patents - USPTO
- CAFC: AI VISUALIZE, INC. v. NUANCE COMMUNICATIONS, INC.
- SSRN: Patent Claims and Patent Scope
- Google Patents: US10398686B2 - Compositions of a polyorthoester and an aprotic solvent
