Analyzing the Scope and Claims of United States Patent 4,801,461: A Comprehensive Guide
Introduction
United States Patent 4,801,461, titled "Osmotic Delivery System for Delivering Pseudoephedrine," is a significant patent in the field of pharmaceutical delivery systems. This patent, granted to Hamel et al., outlines an innovative method for the controlled release of pseudoephedrine, a common decongestant. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
Inventors and Assignees
The patent was granted to inventors Hamel et al. and assigned to a pharmaceutical company. Understanding the inventors and assignees is crucial as it often reflects the commercial and research interests behind the patent[5].
Filing and Grant Dates
The patent was filed and granted in the late 1980s, a period of significant advancement in drug delivery technologies. Knowing these dates helps in understanding the historical context and the state of the art at the time of the invention.
Scope of the Patent
Osmotic Delivery System
The patent describes an osmotic delivery system designed to release pseudoephedrine in a controlled manner. This system utilizes osmotic pressure to drive the release of the drug, ensuring a consistent and sustained delivery profile. The scope of the patent includes the design of the delivery system, the materials used, and the method of manufacturing[5].
Key Components
- Osmotic Membrane: The system includes an osmotic membrane that controls the release of pseudoephedrine.
- Drug Core: The drug core contains pseudoephedrine, which is released through the osmotic membrane.
- Controlled Release Mechanism: The mechanism ensures that the drug is released at a predetermined rate, providing sustained therapeutic effects.
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the broadest scope of the invention. These claims typically describe the overall system, its components, and how they function together to achieve the controlled release of pseudoephedrine.
Dependent Claims
Dependent claims further narrow down the scope by adding specific details or limitations to the independent claims. For example, dependent claims might specify particular materials for the osmotic membrane or the dimensions of the drug core.
Claim Construction
Understanding the claim construction is essential for determining the patent's scope and potential infringement. Claim construction involves interpreting the language of the claims to define the boundaries of the patented invention.
Patent Landscape
Prior Art
To understand the novelty and non-obviousness of the invention, it is crucial to examine the prior art. The Common Citation Document (CCD) application, for instance, consolidates prior art cited by multiple patent offices, providing a comprehensive view of the existing technology at the time of the patent application[1].
Related Patents
Other patents related to osmotic delivery systems can provide insights into the evolution of this technology. For example, patents like CA 2395981, which describes an osmotic device with a preformed passageway that increases in size, can be seen as part of the broader landscape of osmotic drug delivery systems[2].
Global Dossier
The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP offices. This can help in understanding the global reach and variations of the patented technology[1].
Economic and Commercial Significance
Patent Value
The value of a patent like US 4,801,461 can be substantial. According to recent data, the mean price per patent document can range from $146,000 to $330,000 per family, highlighting the economic significance of such intellectual property[4].
Licensing and Assignment
The patent has likely been involved in various licensing and assignment transactions over the years. For instance, large-scale patent deals, such as those involving IBM and Google, demonstrate the high value placed on pharmaceutical patents[4].
Legal and Regulatory Aspects
Patent Litigation
Patents in the pharmaceutical sector are often subject to litigation. Understanding the legal landscape, including any past or ongoing litigation related to US 4,801,461, is crucial for assessing its current status and potential future challenges.
Regulatory Approvals
The approval process for drug delivery systems involves stringent regulatory requirements. The patent's compliance with these regulations and any subsequent approvals or clearances are vital for its commercial viability.
Technological Impact
Advancements in Drug Delivery
The osmotic delivery system described in US 4,801,461 has contributed significantly to advancements in drug delivery technologies. This innovation has paved the way for more efficient and controlled release mechanisms in various therapeutic areas.
Industry Adoption
The adoption of this technology by pharmaceutical companies has been widespread. The controlled release of pseudoephedrine and other drugs has improved patient compliance and therapeutic outcomes.
Future Perspectives
Continued Innovation
The field of drug delivery continues to evolve with new technologies and materials being developed. Future innovations may build upon or improve the osmotic delivery system described in US 4,801,461.
Expanding Applications
The principles of osmotic delivery can be applied to a wide range of drugs beyond pseudoephedrine. This expands the potential applications and commercial opportunities for this technology.
Key Takeaways
- Innovative Delivery System: US 4,801,461 describes an innovative osmotic delivery system for pseudoephedrine.
- Broad Scope: The patent includes broad independent claims and narrower dependent claims.
- Economic Significance: The patent holds significant economic value, as evidenced by similar patent transactions.
- Technological Impact: The invention has contributed to advancements in drug delivery technologies.
- Regulatory Compliance: Compliance with regulatory requirements is crucial for the commercial viability of the patented technology.
FAQs
What is the main innovation described in US 4,801,461?
The main innovation is an osmotic delivery system designed to release pseudoephedrine in a controlled manner.
How does the osmotic delivery system work?
The system uses an osmotic membrane to control the release of pseudoephedrine from a drug core, ensuring a consistent and sustained delivery profile.
What is the economic significance of this patent?
The patent holds significant economic value, with similar pharmaceutical patents being sold for substantial amounts, often in the range of $146,000 to $330,000 per family.
Are there related patents in the same field?
Yes, there are other patents related to osmotic delivery systems, such as CA 2395981, which describes an osmotic device with a preformed passageway that increases in size.
How can one search for more information on this patent?
One can use resources like the USPTO's Patent Public Search tool, Global Dossier, or visit the USPTO Public Search Facility to gather more detailed information about the patent and its related applications[1].
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- Canadian Patents Database - Patent 2395981 Summary. Retrieved from https://brevets-patents.ic.gc.ca/opic-cipo/cpd/eng/patent/2395981/summary.html
- 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/
- Google Patents - KR20120105058A. Retrieved from https://patents.google.com/patent/KR20120105058A/en
