Analyzing the Scope and Claims of United States Patent 4,600,708
Introduction
United States Patent 4,600,708, titled "Propranolol hydrochloride liquid formulations," was granted on July 15, 1986. This patent pertains to therapeutic liquid oral dosage formulations of propranolol hydrochloride, a medication used to treat various cardiovascular conditions. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Details
- Publication Number: US4600708A
- Priority Date: July 19, 1985
- Filing Date: July 19, 1985
- Publication Date: July 15, 1986
- Status: Expired - Lifetime[4].
Inventors and Assignees
The patent was filed by the inventors who developed the specific formulation of propranolol hydrochloride, though the specific names of the inventors are not provided in the publicly available information. The assignee would typically be the entity that owns the rights to the patent, often the employer of the inventors or a company that has acquired the patent rights.
Scope of the Invention
The patent describes liquid therapeutic dosage forms of propranolol hydrochloride that include specific additives to enhance stability and effectiveness.
Key Components
- Propranolol Hydrochloride: The primary active ingredient.
- Lecithin and Basic Amino Acid: Added to improve taste and stability.
- Surfactants: Such as polysorbate 20, polysorbate 80, and polysorbate 65, to produce stable and effective suspensions.
- Physical Property Modifiers: Sodium salts like sodium benzoate, sodium citrate, and sodium lactate to improve stability.
- Viscosity Enhancers: Such as Veegum K, a magnesium aluminum silicate, to enhance high temperature stability.
- Preservatives: Methyl paraben, propyl paraben, and sodium benzoate to extend the shelf life of the formulation[4].
Claims Analysis
Independent Claims
The patent includes several claims that define the scope of the invention. Here are some key claims:
- Claim 1: A liquid therapeutic dosage form of propranolol hydrochloride containing lecithin and a basic amino acid.
- Claim 2: The formulation of Claim 1, further including surfactants to improve suspension stability.
- Claim 3: The formulation of Claim 1 or 2, including physical property modifiers such as sodium salts to enhance stability.
- Claim 4: The formulation of any of the preceding claims, including a viscosity enhancer like Veegum K.
Dependent Claims
Dependent claims build upon the independent claims, providing additional specifics or limitations. For example:
- Claim 5: The formulation of Claim 1, where the lecithin is present in a specific concentration range.
- Claim 6: The formulation of Claim 2, where the surfactant is polysorbate 80.
These claims collectively define the boundaries of what is considered novel and non-obvious in the invention.
Patent Landscape
Related Patents and Applications
The patent landscape for propranolol hydrochloride formulations includes other patents and applications that may cover similar or related inventions. Here are a few points to consider:
- Family Applications: The patent has family applications in other countries, such as Canada (CA1269619A), indicating a broader geographical scope for the invention[4].
- Prior Art: The patent cites prior art related to propranolol formulations, which helps in understanding the state of the art at the time of filing.
- Competing Patents: Other companies or inventors may have filed patents for similar formulations, which could impact the enforceability and commercial viability of this patent.
Global Dossier and Common Citation Document (CCD)
Tools like the Global Dossier and the Common Citation Document (CCD) can be useful in analyzing the patent family and prior art citations across different patent offices. These tools help in identifying related applications and citations, providing a comprehensive view of the patent landscape[1].
Claim Coverage and Patent Analytics
To fully understand the protection offered by this patent, it is crucial to analyze the claim coverage using tools like Claim Coverage Matrix and Claim Charts.
- Claim Coverage Matrix: This tool helps in identifying which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist[3].
- Claim Charts: Interactive charts generated by software like ClaimScape® can help technical experts determine whether specific scope concepts are applicable to target products or methods, highlighting areas where claim coverage may be lacking[3].
Practical Implications
Enforcement and Validity
The validity of the patent can be challenged if the inventorship is not correctly determined. Ensuring that the true and only inventors are listed is crucial, as errors with deceptive intent can render the patent unenforceable[2].
Commercial Use
For companies looking to commercialize this formulation, understanding the scope of the claims and the broader patent landscape is essential. This includes identifying potential competitors, assessing the strength of the patent, and determining any necessary licensing or litigation strategies.
Key Takeaways
- Specific Formulation: The patent covers a specific liquid formulation of propranolol hydrochloride with additives like lecithin, basic amino acids, surfactants, and physical property modifiers.
- Claims Analysis: The claims define the novel and non-obvious aspects of the invention, including independent and dependent claims.
- Patent Landscape: The patent has family applications in other countries and is part of a broader landscape that includes prior art and competing patents.
- Analytics Tools: Using tools like Claim Coverage Matrix and Claim Charts is essential for understanding the protection and gaps in claim coverage.
- Enforcement and Validity: Correct inventorship and the absence of deceptive intent are critical for maintaining the enforceability of the patent.
FAQs
Q1: What is the main active ingredient in the patent US4600708A?
A1: The main active ingredient is propranolol hydrochloride.
Q2: What are the key additives in the liquid formulation described in the patent?
A2: The key additives include lecithin, basic amino acids, surfactants like polysorbate 80, and physical property modifiers such as sodium salts.
Q3: How can one determine the validity of a patent like US4600708A?
A3: The validity can be determined by ensuring correct inventorship, analyzing the claims for novelty and non-obviousness, and reviewing the patent landscape for prior art and competing patents.
Q4: What tools can be used to analyze the claim coverage of a patent?
A4: Tools like Claim Coverage Matrix and Claim Charts, such as those provided by ClaimScape®, can be used to analyze claim coverage and identify gaps or opportunities.
Q5: Why is correct inventorship important for a patent?
A5: Correct inventorship is crucial because errors with deceptive intent can render the patent unenforceable, while corrections without deceptive intent can be made even after the patent is issued.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Determining Inventorship for US Patent Applications: https://agsci.oregonstate.edu/sites/agsci/files/main/research/vrc_release_inventorship-gattari.pdf
- Patent Analytics | Intellectual Property Law: https://www.slwip.com/services/patent-analytics/
- US4600708A - Propranolol hydrochloride liquid formulations: https://patents.google.com/patent/US4600708A/en
