Understanding the Scope and Claims of United States Patent 11,202,752
Introduction
United States Patent 11,202,752, titled "Methods of treating dermatological disorders and inducing interferon biosynthesis with shorter durations of imiquimod therapy," is a significant patent in the field of dermatology and immunotherapy. This article provides a detailed analysis of the scope and claims of this patent, as well as its position within the broader patent landscape.
Patent Overview
Title and Abstract
The patent focuses on methods for treating dermatological disorders, such as actinic keratosis, basal cell carcinoma, and external genital warts, using imiquimod, a topical immune response modifier. The methods described aim to induce interferon biosynthesis with shorter treatment durations, enhancing the efficacy and patient compliance of imiquimod therapy[4].
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically outline the specific methods and compositions used in the treatment.
- Claim 1: This claim describes a method for treating a dermatological disorder by applying imiquimod to the affected area for a specified shorter duration, such as 3-4 times a week for 4-6 weeks. This claim sets the foundation for the patent by defining the core method of treatment.
- Claim 2: This claim specifies additional details, such as the concentration of imiquimod and the frequency of application, further narrowing the scope to ensure patent eligibility.
Dependent Claims
Dependent claims build upon the independent claims, adding more specific details or variations.
- Claim 3: This claim may specify the type of dermatological disorder being treated, such as actinic keratosis or external genital warts, and the particular regimen of imiquimod application.
- Claim 4: This could include additional steps or components, such as the use of a vehicle or adjuvant to enhance the delivery of imiquimod.
Subject Matter Eligibility
The patentability of the claims in this patent must adhere to the subject matter eligibility criteria set by the USPTO. This involves ensuring that the claims do not encompass abstract ideas, laws of nature, or physical phenomena without meaningful limits.
- Integration into Practical Application: The claims must integrate the abstract idea (e.g., using imiquimod for dermatological treatments) into a practical application. For example, specifying the duration and frequency of imiquimod application and its use in a real-world treatment regimen would make the claim patent-eligible, as seen in the 2024 USPTO guidance update on AI patents[1].
Patent Landscape
Related Patents and Claims
The patent landscape for dermatological treatments using imiquimod is complex, with multiple patents covering various aspects of imiquimod therapy.
- Overlap and Gaps: A Claim Coverage Matrix, as described in patent analytics, can help identify which patents and claims are actively protecting similar technologies and where gaps or opportunities exist. This tool is crucial for understanding the competitive landscape and ensuring that the claims in Patent 11,202,752 do not infringe on existing patents[3].
Commercial and Clinical Significance
The commercial and clinical significance of this patent lies in its potential to improve patient outcomes by reducing treatment durations and enhancing compliance.
- Market Impact: The shorter treatment durations and potentially higher efficacy rates could make this method more attractive to patients and healthcare providers, thereby impacting the market share of imiquimod-based treatments.
- Future Developments: The patent's focus on inducing interferon biosynthesis opens avenues for further research into immunotherapeutic applications, potentially leading to new treatments and patents in the future.
Patent Prosecution Process
The journey of this patent from invention disclosure to issuance involves several key steps:
- Provisional Patent Application: Initially, a provisional patent application would have been filed to secure early filing dates and allow for further development of the invention[2].
- Utility Patent Application: A non-provisional utility patent application would then be filed within one year of the provisional application, detailing the invention and its claims.
- Patent Examination: The USPTO would review the application for patentability, which could involve arguments and amended claims to address any rejections.
- Final Rejection and Appeal: If the patent examiner issues a final rejection, the applicant could appeal to the Patent Trial and Appeal Board (PTAB) or the U.S. court system[2].
Key Takeaways
- Specificity in Claims: The claims must be specific and integrate abstract ideas into practical applications to ensure patent eligibility.
- Patent Landscape Analysis: Understanding the existing patent landscape is crucial for identifying gaps and opportunities.
- Commercial and Clinical Impact: The patent's focus on shorter treatment durations and enhanced efficacy could significantly impact the market and patient outcomes.
- Future Research: The patent opens avenues for further research into immunotherapeutic applications.
FAQs
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What is the main focus of United States Patent 11,202,752?
- The main focus is on methods for treating dermatological disorders using imiquimod with shorter treatment durations.
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How does the patent ensure subject matter eligibility?
- The patent ensures subject matter eligibility by integrating abstract ideas into practical applications, such as specifying the duration and frequency of imiquimod application.
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What is the significance of the Claim Coverage Matrix in patent analytics?
- The Claim Coverage Matrix helps identify which patents and claims are actively protecting similar technologies and where gaps or opportunities exist.
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What are the potential commercial and clinical impacts of this patent?
- The patent could improve patient outcomes by reducing treatment durations and enhancing compliance, potentially impacting the market share of imiquimod-based treatments.
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What are the key steps in the patent prosecution process for this patent?
- The process includes filing a provisional patent application, followed by a non-provisional utility patent application, and then undergoing patent examination and potential appeals.
Sources
- Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
- Intellectual Property Protection - KU Office of Research
- Patent Analytics - Schwegman, Lundberg & Woessner, P.A.
- Drugs covered by patent 11,202,752 - DrugPatentWatch
- U.S. Patent Small Claims Court - Administrative Conference of the United States (ACUS)
