Analyzing the Scope and Claims of United States Patent 11,304,961: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the details of United States Patent 11,304,961, focusing on its claims, scope, and the broader patent landscape.
Overview of the Patent
United States Patent 11,304,961, titled "Compositions comprising dexamethasone," pertains to pharmaceutical compositions useful for the treatment of multiple myeloma in combination with an anti-cancer drug. Here is a brief overview of the patent:
- Publication Number: US11304961B2
- Priority Date: The patent application was filed on June 12, 2020, but it may have earlier priority dates based on provisional applications or other filings[4].
Claims Analysis
The claims of a patent define the scope of the invention and are critical for determining what is protected by the patent.
Independent Claims
Independent claims are standalone claims that do not depend on other claims. For US11304961B2, the independent claims typically describe the core invention, such as the pharmaceutical composition and its components.
- Claim 1: This claim usually outlines the broadest description of the invention, such as "A pharmaceutical composition comprising dexamethasone and an anti-cancer drug, wherein the composition is in the form of an uncoated tablet"[4].
Dependent Claims
Dependent claims build upon the independent claims and provide more specific details or limitations.
- Claim 2: This might specify additional components, such as "The pharmaceutical composition of claim 1, further comprising a disintegrant and a filler"[4].
Claim Scope
The scope of the claims determines what is protected by the patent. For US11304961B2, the claims cover specific formulations of dexamethasone combined with anti-cancer drugs, including the physical form of the composition (e.g., uncoated tablets) and the presence of excipients like disintegrants and fillers.
Classification and Prior Art
International Classification
The patent is classified under the International Patent Classification (IPC) system, specifically under A61K, which pertains to "Preparations for medical, dental or toilet purposes"[4].
- A61K9/00: Medicinal preparations characterized by special physical form.
- A61K9/20: Pills, tablets, discs, rods.
- A61K9/2022: Excipients; Inactive ingredients.
Prior Art
Prior art refers to existing knowledge and inventions that predate the current patent. The prior art keywords for US11304961B2 include "pharmaceutical composition," "dexamethasone," "disintegrant," "filler," and "uncoated tablet." These keywords indicate that the patent builds upon existing knowledge in the field of pharmaceutical compositions[4].
Patent Landscape
Global Dossier and International Search
To understand the broader patent landscape, tools like the Global Dossier can be used. This service provides access to the file histories of related applications from participating IP Offices, including the IP5 Offices (USPTO, EPO, JPO, KIPO, and CNIPA)[1].
Searchable Databases
Other international databases such as the European Patent Office's esp@cenet, the Japan Patent Office's database, and the World Intellectual Property Organization's PATENTSCOPE can be used to see if similar inventions have been patented abroad[1].
Patent Assignment and Ownership
The Patent Assignment Search website can be used to search for patent assignments and changes in ownership. This is crucial for understanding the current ownership and any potential licensing or collaboration opportunities[1].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents, including those related to pharmaceutical compositions. This dataset can help in analyzing trends and the scope of patent claims in the pharmaceutical sector[3].
Economic Impact
Patents like US11304961B2 can have significant economic implications, particularly in the pharmaceutical industry. They can influence the development of new treatments, impact market competition, and affect the pricing of medications.
Legal Status and Enforcement
The legal status of a patent, such as whether it is active or expired, is crucial for determining its enforceability. For US11304961B2, the legal status is assumed to be active, but this should be verified through official channels[4].
Practical Applications and Future Directions
Treatment of Multiple Myeloma
The patent's focus on compositions for treating multiple myeloma highlights the ongoing research and development in cancer treatment. This invention could lead to more effective and convenient treatment options for patients.
Future Research
Future research may involve further optimization of the pharmaceutical composition, exploration of other anti-cancer drugs to combine with dexamethasone, and clinical trials to validate the efficacy and safety of the treatment.
Key Takeaways
- Claims and Scope: The patent's claims define the specific pharmaceutical compositions protected, including the use of dexamethasone and anti-cancer drugs in uncoated tablets.
- Classification and Prior Art: The patent is classified under A61K and builds upon existing knowledge in pharmaceutical compositions.
- Patent Landscape: Tools like Global Dossier and international databases help in understanding the broader patent landscape.
- Economic and Research Implications: The patent has significant economic and research implications, particularly in the pharmaceutical industry.
- Legal Status and Enforcement: The patent's legal status and enforceability are critical for its practical applications.
FAQs
Q: What is the main invention described in US11304961B2?
A: The main invention is a pharmaceutical composition comprising dexamethasone and an anti-cancer drug, particularly in the form of an uncoated tablet.
Q: How can I search for similar patents internationally?
A: You can use databases such as the European Patent Office's esp@cenet, the Japan Patent Office's database, and the World Intellectual Property Organization's PATENTSCOPE.
Q: What is the significance of the Global Dossier in patent searching?
A: The Global Dossier provides access to the file histories of related applications from participating IP Offices, helping users to see the patent family and related applications.
Q: How can I determine the current ownership of a patent?
A: You can use the Patent Assignment Search website to search for patent assignments and changes in ownership.
Q: What economic implications does a patent like US11304961B2 have?
A: Such patents can influence the development of new treatments, impact market competition, and affect the pricing of medications in the pharmaceutical industry.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- US Patent US-9492434-B2: https://pubchem.ncbi.nlm.nih.gov/patent/US-9492434-B2
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US11304961B2: https://patents.google.com/patent/US11304961B2/en
- Unified Patents Portal - US-8632772-B2: https://portal.unifiedpatents.com/patents/patent/US-8632772-B2