Analyzing the Scope and Claims of United States Patent 11,135,172
Introduction to Patent Analysis
When analyzing a patent, it is crucial to understand the scope, claims, and the broader patent landscape in which it resides. This analysis helps in determining the patent's validity, its protection scope, and potential gaps or opportunities.
Overview of United States Patent 11,135,172
United States Patent 11,135,172, titled "Rifabutin-based compositions and methods for treating Helicobacter pylori infection," is a patent that focuses on therapeutic compositions and methods for treating infections caused by Helicobacter pylori (H. pylori).
Patent Details
Publication Number and Authority
- The patent number is US11135172B2, issued by the United States Patent and Trademark Office (USPTO)[4].
Prior Art and Background
- The patent builds on prior art related to the treatment of H. pylori infections, incorporating rifabutin, a known antibiotic, in combination with other drugs like amoxicillin and omeprazole[4].
Claims
- The patent includes multiple claims that define the scope of the invention. These claims typically cover:
- The composition of the therapeutic agent, including the specific combination of rifabutin with other antibiotics and proton pump inhibitors.
- The dosage forms, such as capsules or pellets, and their release mechanisms (immediate and delayed release).
- The methods of treatment using these compositions[4].
Scope of the Patent
Composition Claims
- The patent claims cover specific compositions that include rifabutin in combination with other antibiotics like amoxicillin and proton pump inhibitors such as omeprazole or pantoprazole. These compositions are designed to treat H. pylori infections effectively[4].
Dosage Forms
- The claims also specify the dosage forms, including capsules and pellets, which can have immediate or delayed release mechanisms. This ensures that the therapeutic agents are delivered in a manner that maximizes their efficacy[4].
Method Claims
- The method claims outline the procedures for treating H. pylori infections using the described compositions. This includes the administration schedule and the combination of drugs used[4].
Patent Landscape Analysis
Global Dossier and International Patent Offices
- To understand the broader patent landscape, it is essential to look beyond the USPTO. Tools like the Global Dossier and databases from other international patent offices (such as the European Patent Office, Japan Patent Office, and World Intellectual Property Organization) can provide insights into related patents and applications filed in other jurisdictions[1].
Common Citation Document (CCD)
- The Common Citation Document (CCD) application can help consolidate prior art cited by multiple offices for the same invention, providing a comprehensive view of the global patent landscape related to H. pylori treatment[1].
Patent Analytics
- Using patent analytics tools, such as those described by Schwegman, can help categorize patents by claims and scope concepts. This can reveal gaps or opportunities in the current patent coverage and highlight future design directions[3].
Claim Coverage Matrix
Categorization by Claims and Scope Concepts
- A Claim Coverage Matrix can be used to categorize the patents and claims related to the treatment of H. pylori infections. This matrix helps in understanding which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist[3].
Interactive Claim Charts
- Interactive claim charts generated by tools like ClaimScape® can facilitate a quick and accurate review of patent coverage with technical experts. These charts can help identify areas where claim coverage is lacking and highlight potential future design opportunities[3].
Potential Gaps and Opportunities
Technological Advancements
- The patent landscape analysis may reveal areas where technological advancements could improve the efficacy or delivery of the therapeutic compositions. For example, new dosage forms or delivery mechanisms could be explored.
Market Needs
- Understanding the market needs and current treatments for H. pylori infections can help identify gaps in the existing patent coverage. This could include developing compositions that address specific patient populations or unmet medical needs.
Legal and Regulatory Considerations
Office Actions and Patent Validity
- Reviewing office actions and the legal status of related patents through tools like the Patent Examination Data System (PEDS) can provide insights into potential challenges to the patent's validity[1].
International Intellectual Property Rights
- Ensuring compliance with international intellectual property rights and understanding the IPR environment in various countries is crucial. Resources like Stopfakes.Gov can provide toolkits and overviews of IPR environments globally[1].
Key Takeaways
- Comprehensive Claims Analysis: The patent includes detailed claims covering compositions, dosage forms, and treatment methods.
- Global Patent Landscape: Analyzing the global patent landscape using tools like Global Dossier and CCD is essential for understanding related patents and applications.
- Patent Analytics: Using patent analytics tools to categorize patents by claims and scope concepts helps in identifying gaps and opportunities.
- Technological Advancements: Continuous monitoring of technological advancements and market needs is necessary to maintain and expand patent coverage.
- Legal and Regulatory Compliance: Ensuring compliance with international intellectual property rights and monitoring office actions is vital for maintaining patent validity.
FAQs
What is the main focus of United States Patent 11,135,172?
The main focus of this patent is on rifabutin-based compositions and methods for treating Helicobacter pylori infections.
How can the scope of this patent be analyzed?
The scope can be analyzed by examining the claims, which cover specific compositions, dosage forms, and treatment methods. Tools like Claim Coverage Matrix and interactive claim charts can also be used.
What tools are available for global patent landscape analysis?
Tools such as the Global Dossier, Common Citation Document (CCD), and databases from international patent offices like the EPO, JPO, and WIPO can be used.
How can patent analytics help in managing intellectual property?
Patent analytics helps in categorizing patents by claims and scope concepts, identifying gaps or opportunities in current coverage, and highlighting future design directions.
What are the legal considerations for maintaining patent validity?
Ensuring compliance with international intellectual property rights, monitoring office actions, and reviewing the legal status of related patents are crucial for maintaining patent validity.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office (USPTO): https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- SLWIP - Patent Analytics: https://www.slwip.com/services/patent-analytics/
- Google Patents - US11135172B2: https://patents.google.com/patent/US11135172B2/en
