Analyzing the Scope and Claims of United States Patent 5,110,605
Introduction
United States Patent 5,110,605, titled "Lozenge Compositions," was granted to Acharya et al. and is a significant patent in the field of pharmaceutical formulations. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Patent Number and Title
- The patent number is 5,110,605, and the title is "Lozenge Compositions."
Inventors and Assignees
- The inventors are Acharya et al., and the assignees would typically be listed in the patent details, often pharmaceutical companies or research institutions.
Publication and Grant Dates
- The patent was granted on May 5, 1992, after being filed on August 24, 1989.
Claims Analysis
Independent and Dependent Claims
The patent includes a set of claims that define the scope of the invention. Here’s a breakdown of what these claims typically entail:
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Independent Claims: These claims stand alone and define the core of the invention. For example, Claim 1 might describe the composition of the lozenge, including the active ingredients and excipients.
- "A lozenge composition comprising polycarbophil and alginic acid components, wherein the polycarbophil is present in an amount of about 1% to about 10% by weight of the composition, and the alginic acid is present in an amount of about 1% to about 10% by weight of the composition."
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Dependent Claims: These claims build upon the independent claims and provide additional details or limitations. For instance, Claim 2 might specify the ratio of polycarbophil to alginic acid or the presence of additional ingredients.
- "The lozenge composition of claim 1, wherein the ratio of polycarbophil to alginic acid is about 1:1 to about 3:1."
Claim Scope and Patent Scope Metrics
The scope of the patent can be measured using metrics such as independent claim length and independent claim count, as discussed in the USPTO's research on patent scope[3].
- Independent Claim Length: Longer independent claims often indicate a narrower scope, as they provide more detailed descriptions of the invention.
- Independent Claim Count: A higher number of independent claims can suggest a broader scope, as it covers more aspects of the invention.
Patent Scope and Innovations
Key Innovations
The patent introduces a novel lozenge composition that includes polycarbophil and alginic acid components. These components are known for their mucoadhesive properties, which enhance the retention of the lozenge in the mouth and improve the delivery of active ingredients.
Prior Art and Novelty
The patent distinguishes itself from prior art by the specific combination and proportions of polycarbophil and alginic acid. This combination is designed to achieve optimal mucoadhesion and drug release profiles.
Patent Landscape
Related Patents and Applications
To understand the broader patent landscape, it is essential to look at related patents and applications. Tools like the USPTO's Patent Public Search, Global Dossier, and Common Citation Document (CCD) can be used to identify similar inventions and their status[1].
- Global Dossier: This tool allows users to see the patent family for a specific application, including related applications filed at participating IP Offices.
- CCD: This application consolidates prior art cited by all participating offices for the family members of a patent application, providing a comprehensive view of the global patent landscape.
International Patent Offices
The invention may also be patented in other countries. Databases such as the European Patent Office's esp@cenet, the Japan Patent Office, and the World Intellectual Property Organization's PATENTSCOPE can be used to search for international patents related to lozenge compositions[1].
Legal and Regulatory Aspects
Subject Matter Eligibility
The patent's claims must comply with subject matter eligibility criteria under 35 U.S.C. § 101. The decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals highlights the importance of claims being directed to a method of treatment rather than a natural relationship or judicial exception[5].
- Method of Treatment Claims: The claims in this patent, if they involve methods of treating a condition using the lozenge composition, would need to be evaluated as a whole to ensure they are not directed to a judicial exception.
Economic and Market Impact
Patent Maintenance and Licensing
The economic impact of the patent can be gauged by factors such as patent maintenance payments and licensing activities. The USPTO's Patent Claims Research Dataset provides insights into patent maintenance payments and other economic metrics related to patents[2].
- Patent Maintenance Payments: Patents with narrower claims at publication are associated with higher probabilities of grant and shorter examination processes, which can influence maintenance payments and overall patent value.
Conclusion
United States Patent 5,110,605 represents a significant innovation in lozenge compositions, particularly in the use of polycarbophil and alginic acid components. Understanding the scope and claims of this patent, along with its position in the broader patent landscape, is crucial for both legal and business strategies.
Key Takeaways
- Innovative Composition: The patent introduces a novel combination of polycarbophil and alginic acid in lozenge compositions.
- Claim Scope: The scope is defined by independent and dependent claims, with metrics such as claim length and count providing insights into patent breadth.
- Global Landscape: The patent's global reach can be assessed using tools like Global Dossier and CCD.
- Legal Compliance: Claims must comply with subject matter eligibility criteria under U.S. patent law.
- Economic Impact: The patent's economic significance can be evaluated through maintenance payments and licensing activities.
FAQs
Q1: What are the key components of the lozenge composition described in US Patent 5,110,605?
- The key components are polycarbophil and alginic acid.
Q2: How do the claims in this patent define its scope?
- The claims define the scope through independent claims that describe the core invention and dependent claims that provide additional details.
Q3: What tools can be used to search for related patents globally?
- Tools such as Global Dossier, CCD, and international patent office databases like esp@cenet and PATENTSCOPE.
Q4: How does the subject matter eligibility criteria apply to this patent?
- The claims must be directed to a method of treatment rather than a natural relationship or judicial exception.
Q5: What economic metrics can be used to gauge the impact of this patent?
- Metrics such as patent maintenance payments, licensing activities, and claim scope metrics like independent claim length and count.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents - Nicotine lozenge formulation: https://patents.google.com/patent/US20160113868A1/en
- USPTO - Recent Subject Matter Eligibility Decision: Vanda Pharmaceuticals: https://www.uspto.gov/sites/default/files/documents/memo-vanda-20180607.PDF
