United States Patent 10,772,829: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 10,772,829, titled "Aqueous ophthalmic solutions of phentolamine and medical uses thereof," is a significant patent in the field of ophthalmic medications. This patent, issued to protect innovative formulations and uses of phentolamine, is crucial for understanding the current state of ophthalmic treatment options and the intellectual property landscape surrounding them.
Patent Overview
Publication Number and Authority
The patent number is US10,772,829B2, issued by the United States Patent and Trademark Office (USPTO)[2].
Prior Art and Background
Phentolamine, a well-known alpha-adrenergic antagonist, has been used in various medical applications. The patent builds upon existing knowledge by focusing on aqueous ophthalmic solutions, which are designed to improve the delivery and efficacy of phentolamine in ophthalmic treatments.
Scope of the Patent
Claims
The patent includes multiple claims that define the scope of the invention. These claims cover:
- Aqueous Ophthalmic Solutions: The patent claims aqueous ophthalmic solutions containing phentolamine or its pharmaceutically acceptable salts. These solutions are formulated to be stable and effective for ophthalmic use[2].
- Medical Kits: The patent also claims medical kits that include these aqueous ophthalmic solutions, along with other components necessary for their administration[2].
- Methods of Use: The methods of using these solutions for treating various ophthalmic conditions are also protected under the patent[2].
Key Components
The solutions described in the patent typically include:
- Phentolamine: The active ingredient, which can be in the form of phentolamine mesylate or other pharmaceutically acceptable salts[2].
- Excipients: Such as mannitol, sodium acetate, and various polyols like glycerine and propylene glycol, which help in stabilizing the solution and enhancing its efficacy[2].
Claim Analysis
Independent Claim Length and Count
Research on patent scope suggests that the length and count of independent claims can be significant metrics for measuring patent scope. For US10,772,829B2, the independent claims are detailed and specific, indicating a well-defined scope. The claims are neither overly broad nor too narrow, suggesting a balanced approach to protecting the invention while allowing for future innovation[3].
Claim Language and Clarity
The claim language is clear and specific, which is crucial for patent validity and enforceability. Clear claims help in reducing the risk of litigation and ensure that the patent holder's rights are well-defined[3].
Patent Landscape
Related Patents and Applications
The patent is part of a broader landscape of ophthalmic treatments. To understand its position, it is essential to search related patents and applications using tools like the USPTO's Patent Public Search or international databases such as the European Patent Office's esp@cenet and the World Intellectual Property Organization's PATENTSCOPE[1].
Global Dossier and International Filings
The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This can help in understanding the global reach and protection of the invention[1].
Examination Process and Patent Maintenance
Examination History
The examination process for this patent would have involved a thorough review of the claims and prior art. Research indicates that the examination process often narrows the scope of patent claims, and this patent is likely no exception. The final granted claims would reflect the outcome of this process, ensuring that the patent is valid and enforceable[3].
Maintenance Payments
Patent maintenance payments are crucial for keeping the patent in force. The need for these payments and the associated costs can be a significant factor in the overall strategy for managing the patent portfolio[3].
Medical Uses and Applications
Ophthalmic Conditions
The patent covers the use of phentolamine in aqueous ophthalmic solutions for treating various ophthalmic conditions. This includes potential applications in glaucoma, dry eye syndrome, and other conditions where alpha-adrenergic antagonists can be beneficial[2].
Clinical Significance
The clinical significance of this patent lies in its potential to improve the treatment options for ophthalmic conditions. By providing stable and effective aqueous solutions, the patent contributes to the advancement of ophthalmic care.
Legal Status and Enforcement
Current Status
As of the current date, the patent is active, indicating that it is still in force and protected under U.S. patent law[2].
Enforcement and Litigation
The clear and specific claims of this patent make it easier to enforce. However, any enforcement or litigation would depend on the specific circumstances and the actions of potential infringers.
Conclusion
United States Patent 10,772,829 is a significant contribution to the field of ophthalmic medications, particularly in the formulation and use of aqueous ophthalmic solutions of phentolamine. The patent's scope is well-defined through its claims, and its position within the broader patent landscape is crucial for understanding its impact and potential applications.
Key Takeaways
- Specific Claims: The patent includes specific claims that define the scope of the invention, including aqueous ophthalmic solutions, medical kits, and methods of use.
- Key Components: The solutions typically include phentolamine, mannitol, sodium acetate, and various polyols.
- Global Reach: The patent's global reach can be understood through the Global Dossier service and international filings.
- Clinical Significance: The patent contributes to the advancement of ophthalmic care by providing stable and effective aqueous solutions.
- Legal Status: The patent is currently active and protected under U.S. patent law.
FAQs
What is the main subject of United States Patent 10,772,829?
The main subject of this patent is the formulation and use of aqueous ophthalmic solutions of phentolamine and its pharmaceutically acceptable salts.
What are the key components of the aqueous ophthalmic solutions described in the patent?
The key components include phentolamine or its pharmaceutically acceptable salts, mannitol, sodium acetate, and various polyols like glycerine and propylene glycol.
How can one determine the global reach of this patent?
The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including related applications filed at participating IP Offices.
What is the clinical significance of this patent?
The patent contributes to the advancement of ophthalmic care by providing stable and effective aqueous solutions for treating various ophthalmic conditions.
Is the patent currently active?
Yes, as of the current date, the patent is active and protected under U.S. patent law.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Google Patents - Aqueous ophthalmic solutions of phentolamine and medical uses thereof: https://patents.google.com/patent/US10772829
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- U.S. Department of Commerce - U.S. Patent and Trademark Office: https://www.commerce.gov/bureaus-and-offices/uspto