Detailed Analysis of the Scope and Claims of United States Patent 11,833,245
Introduction
United States Patent 11,833,245, titled "Vasoconstriction compositions and methods of use," was issued on December 5, 2023, and is assigned to Eye Therapies LLC. This patent is significant in the field of ophthalmology, particularly for its implications on the treatment of eye conditions using vasoconstriction compositions. Here is a detailed analysis of the scope, claims, and the patent landscape surrounding this invention.
Background and Invention Overview
The patent describes vasoconstriction compositions and methods for their use, particularly in the context of ophthalmic treatments. Vasoconstriction, the narrowing of blood vessels, is a therapeutic approach that can be beneficial in various eye conditions. The invention involves specific formulations and methods that enhance the efficacy and safety of vasoconstrictive treatments.
Patent Claims
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically outline the core components and processes of the vasoconstriction compositions and their methods of use. For example, Claim 1 might describe a composition comprising a specific vasoconstrictor, a solvent, and other additives, along with the method of administering this composition to achieve vasoconstriction in the eye[2].
Dependent Claims
Dependent claims build upon the independent claims by adding additional features or limitations. These claims help to further define the invention and can provide additional protection by covering various aspects of the composition and its use. For instance, a dependent claim might specify the concentration of the vasoconstrictor or the method of preparation of the composition[2].
Patent Scope
Composition and Formulation
The patent scope includes detailed descriptions of the vasoconstriction compositions. This includes the types of vasoconstrictors used, such as brimonidine tartrate, and the other components like solvents and preservatives. The formulation aspects are crucial as they affect the efficacy, stability, and safety of the composition[5].
Methods of Use
The methods of use are another critical aspect of the patent scope. This includes how the composition is administered (e.g., as an ophthalmic solution), the dosage, and the frequency of application. These methods are designed to optimize the therapeutic effect while minimizing side effects[5].
Patent Landscape
Related Patents and Applications
The patent landscape for vasoconstriction compositions in ophthalmology is complex and involves numerous related patents and applications. The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including all related applications filed at participating IP Offices. This can help in understanding the broader context and potential overlaps or distinctions with other patents in the field[1].
Litigation and Enforcement
The patent has been involved in litigation, as seen in the case where Eye Therapies LLC alleged infringement by Dr. Reddy’s Laboratories S.A. and Dr. Reddy’s Laboratories, Inc. for filing an Abbreviated New Drug Application (ANDA) for a generic version of the patented composition. This highlights the importance of patent enforcement in protecting intellectual property rights[2].
Economic and Market Impact
Value of the Patent
The value of a patent like 11,833,245 can be substantial, given its potential to dominate the market for specific ophthalmic treatments. The mean price per patent document can range from $146,000 to $330,000 per family, although high-profile deals can reach millions of dollars. For example, the Google-Motorola deal involved 24,500 patents and applications valued at $12.5 billion, with patents being a significant component of the deal[4].
Market Competition
The issuance of this patent and its enforcement can significantly impact market competition. By securing exclusive rights to the vasoconstriction compositions and methods, Eye Therapies LLC can prevent generic versions from entering the market, at least until the patent expires. This can give the company a competitive edge in the ophthalmic treatment market[2].
Technical Harmonization and Global Integration
The Common Citation Document (CCD) application, which consolidates prior art cited by participating IP Offices, is an example of technical harmonization aimed at integrating the global patent system. This can facilitate more efficient patent searches and examinations, potentially affecting the validity and scope of patents like 11,833,245[1].
Public Access and Search Resources
Public access to patent information is crucial for understanding the scope and claims of patents. Resources like the USPTO Public Search Facility, Patent and Trademark Resource Centers (PTRCs), and online databases such as the Electronic Official Gazette provide comprehensive access to patent documentation. These resources can help researchers, inventors, and legal professionals navigate the patent landscape effectively[1].
Key Takeaways
- Patent Scope and Claims: The patent covers specific vasoconstriction compositions and their methods of use, with detailed descriptions of formulations and administration methods.
- Patent Landscape: The patent is part of a complex landscape involving related patents and applications, with potential overlaps and distinctions.
- Litigation and Enforcement: The patent has been involved in litigation to protect against infringement, highlighting the importance of enforcement.
- Economic Impact: The patent holds significant economic value and can influence market competition.
- Technical Harmonization: Global initiatives like the CCD application aim to integrate the patent system, affecting patent searches and examinations.
FAQs
What is the main subject of United States Patent 11,833,245?
The main subject of United States Patent 11,833,245 is vasoconstriction compositions and methods of use, particularly in ophthalmic treatments.
How can one access detailed information about this patent?
Detailed information about this patent can be accessed through the USPTO Public Search Facility, online databases like the Electronic Official Gazette, or through the Global Dossier service.
What is the significance of the Global Dossier in patent searches?
The Global Dossier provides a single portal to access file histories of related applications from participating IP Offices, helping users to see the patent family and related documentation.
How does the patent impact market competition?
By securing exclusive rights to the vasoconstriction compositions and methods, the patent can prevent generic versions from entering the market, giving the patent holder a competitive edge.
What is the economic value of a patent like 11,833,245?
The economic value of such a patent can be substantial, with mean prices ranging from $146,000 to $330,000 per family, and high-profile deals reaching millions of dollars.
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- Case 3:23-cv-22906 Document 1 Filed 12/05/23. Retrieved from https://insight.rpxcorp.com/litigation_documents/15476456
- USPTO - Patent Claims Research Dataset. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Perpetual Motion Patents - The value of a patent. Retrieved from https://perpetualmotionpatents.com/the-value-of-a-patent/
- USPTO - Patent Official Gazette. Retrieved from https://patentsgazette.uspto.gov/week49/OG/html/1517-1/US11833245-20231205.html
