Understanding the Scope and Claims of United States Patent 11,517,560
Introduction
United States Patent 11,517,560, titled "Stabilized oxymetazoline formulations and their uses," is a significant patent in the pharmaceutical industry, particularly in the field of dermatology. This patent, issued to its inventors and assignees, protects innovative formulations and methods related to oxymetazoline, a common ingredient in over-the-counter medications.
Patent Structure and Components
Front Page and Bibliographic Data
The front page of the patent document contains crucial bibliographic data identified by INID codes. These codes include:
- Document Number: Indicated by the prefix "US" and the code "B2," signifying a U.S. patent with a previously published application[1].
- Application Number: The unique identifier for the patent application.
- Date of Application: The date when the patent application was filed.
- Date of Patent: The date when the patent was granted.
- IPC Classification: International Patent Classification codes that categorize the invention.
- National Classification: Specific U.S. classification codes, such as those related to pharmaceutical formulations.
- Title of the Invention: A brief description limited to 500 characters or less.
- References: Prior art cited by the inventor and patent examiner[1].
Abstract
The abstract provides a non-technical description of the invention, giving a general overview of what the patent covers[1].
Drawings
While not always required, the drawings section illustrates the technical details of the invention. For formulations, this might include diagrams of the manufacturing process or the structure of the formulation[1].
Specification
This section is a detailed written description of the invention, including discussions of prior art, descriptions of the drawings, how the invention solves a specific technical problem, and the preferred embodiment of the invention. It must be detailed enough for anyone with ordinary skill in the same technical field to understand and replicate the invention[1].
Claims
The claims section is critical as it defines the scope of protection for the patent. Here are some key points:
Definition of Claims
Claims are paragraphs at the end of the specification that outline the legal boundaries of the invention. They must start with phrases like “I claim” or “What is claimed” and are numbered[1].
Types of Claims
- Independent Claims: These define the broadest scope of the invention.
- Dependent Claims: These narrow down the scope by adding additional limitations to the independent claims.
Example of a Claim
For a patent like 11,517,560, a claim might read:
- "A stabilized cream formulation comprising oxymetazoline, a stabilizing agent, and a carrier, wherein the stabilizing agent prevents degradation of oxymetazoline."
Scope of Protection
Independent Claims
The independent claims in Patent 11,517,560 would define the broadest scope of protection, such as the composition of the stabilized oxymetazoline formulation and its method of use. These claims are crucial as they set the boundaries of what is protected under the patent.
Dependent Claims
Dependent claims would further specify the formulation, such as the concentration of oxymetazoline, the type of stabilizing agent used, or specific methods of application. These claims provide additional protection by covering various aspects of the invention that are not as broad as the independent claims.
Patent Landscape
Prior Art
The patent landscape includes prior art cited by the inventor and the patent examiner. This section helps in understanding what existing technologies or formulations were considered during the examination process. For oxymetazoline formulations, prior art might include other stabilizing methods or different application methods[1].
Related Patents
Other patents related to oxymetazoline or similar formulations can provide insight into the competitive landscape. Tools like the Patent Public Search, Global Dossier, and Common Citation Document (CCD) can help in identifying these related patents and understanding how they intersect with Patent 11,517,560[4].
International Context
Given the global nature of pharmaceuticals, it is important to look at international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) to see if similar patents have been filed or granted in other countries[4].
Economic and Market Impact
Market Domination
A patent like 11,517,560 can give its holders significant market advantage by protecting their unique formulations and methods. This can lead to market domination in the treatment of conditions like rosacea, where oxymetazoline is commonly used.
Licensing and Collaboration
The patent can also be a valuable asset for licensing agreements or collaborations with other pharmaceutical companies. This can expand the reach of the formulation and generate revenue through royalties.
Legal and Regulatory Considerations
Term Adjustment
The term of the patent can be adjusted due to processing delays, which can add additional days to the patent's term. For example, a term adjustment of 11 days might be applied to compensate for delays in the examination process[1].
Office Actions
The Patent Examination Data System (PEDS) and Global Dossier can provide insights into office actions and the examination history of the patent, which can be crucial for understanding the legal strength and potential challenges to the patent[4].
Practical Applications and Uses
Treatment of Rosacea
The stabilized oxymetazoline formulations covered by this patent are specifically designed for treating rosacea and its symptoms. The unique stabilizing agents and methods of application can enhance the efficacy and stability of the formulation, making it a preferred treatment option.
Manufacturing and Distribution
The patent details the preferred embodiment of the invention, including how to manufacture the formulation. This information is vital for companies looking to produce and distribute the product.
Key Takeaways
- Patent Structure: The patent includes bibliographic data, abstract, drawings, specification, and claims.
- Claims: Define the scope of protection and are divided into independent and dependent claims.
- Scope of Protection: Covers the composition and method of use of the stabilized oxymetazoline formulation.
- Patent Landscape: Includes prior art, related patents, and international context.
- Market Impact: Can lead to market domination and generate revenue through licensing.
- Legal Considerations: Includes term adjustments and office actions.
FAQs
Q: What is the main subject of United States Patent 11,517,560?
A: The main subject is stabilized oxymetazoline formulations and their uses, particularly in treating rosacea.
Q: How do claims define the scope of protection in a patent?
A: Claims define the legal boundaries of the invention, with independent claims setting the broadest scope and dependent claims narrowing it down.
Q: What tools can be used to search for related patents?
A: Tools like the Patent Public Search, Global Dossier, and Common Citation Document (CCD) can be used to search for related patents.
Q: How can a patent like 11,517,560 impact the market?
A: It can give the holders significant market advantage, lead to market domination, and generate revenue through licensing agreements.
Q: What is the significance of the drawings section in a patent document?
A: The drawings section illustrates the technical details of the invention, which can include diagrams of the manufacturing process or the structure of the formulation.
Sources
- Guides.library.queensu.ca: How to Read a U.S. Patent - Patents and Designs - Research Guides.
- Wiki.golden.com: US Patent 11517560 Stabilized oxymetazoline formulations and their uses.
- USPTO.gov: Patent Claims Research Dataset.
- USPTO.gov: Search for patents - USPTO.
