United States Patent 6,037,353: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 6,037,353, hereafter referred to as the '353 patent, is a significant patent in the pharmaceutical sector, particularly related to the administration of fexofenadine, an antihistamine used to treat allergic reactions. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Background of the Patent
The '353 patent is one of the "Method Patents" associated with fexofenadine, along with patents 6,187,791 and 6,399,632. These patents share an identical specification and are directed towards administering fexofenadine to slightly different populations of people[2].
Scope of the Patent
The scope of the '353 patent is defined by its claims, which outline the specific methods and processes for administering fexofenadine. The patent covers various aspects of fexofenadine administration, including dosage forms, patient populations, and therapeutic regimens. The claims must be read in light of the specification, which is the single best guide to the meaning of a disputed term[2].
Claim Construction
Claim construction is a critical aspect of understanding the scope of a patent. In the case of the '353 patent, claim construction was a focal point during a Markman hearing, where the court interpreted the meaning of several disputed claim terms. The court considered the specification, prosecution history, and other relevant factors to determine the scope of the claims. For instance, the court emphasized that the claims must be read in light of the specification and that statements in the specification can limit the scope of the claims if they describe the entirety of the invention[2].
Claims Analysis
The '353 patent includes multiple claims that define the invention. Here are some key aspects of these claims:
Independent Claims
Independent claims in the '353 patent outline the core methods of administering fexofenadine. These claims typically describe the dosage, the population being treated, and any specific conditions or limitations.
Dependent Claims
Dependent claims build upon the independent claims and provide additional details or limitations. These claims can include specific formulations, administration routes, or other parameters that further define the invention.
Patent Landscape
The '353 patent is part of a larger patent landscape related to fexofenadine and its formulations.
Related Patents
Other patents related to fexofenadine include those directed to formulations (e.g., U.S. Patent Numbers 6,039,974, 5,855,912, 6,113,942, and 5,738,872) and the process of making piperidine derivatives (e.g., U.S. Patent Numbers 7,390,906 and 5,750,703)[2].
Global Patent Family
To understand the full scope of protection, it is essential to look at the global patent family. Tools like the Global Dossier provided by the USPTO allow users to see the patent family for a specific application, including related applications filed at participating IP Offices, along with dossier, classification, and citation data[1].
Search and Analysis Tools
Several tools and resources are available for searching and analyzing patents like the '353 patent:
Patent Public Search
The USPTO's Patent Public Search tool provides enhanced access to prior art and is a powerful resource for conducting thorough patent searches[1].
Global Dossier
The Global Dossier service allows users to access file histories of related applications from participating IP Offices, which is crucial for understanding the global patent landscape[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs offer training in patent search techniques and maintain local search resources, which can be invaluable for detailed analysis[1].
Economic and Statistical Insights
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014. This dataset can offer insights into patent scope and trends, which can be relevant when analyzing the '353 patent[3].
Litigation and Enforcement
The '353 patent has been involved in several litigation cases, such as the case between SANOFI-AVENTIS U.S. LLC and WOCKHARDT LTD., highlighting the importance of this patent in the pharmaceutical industry[5].
Key Takeaways
- Scope and Claims: The '353 patent's scope is defined by its claims, which must be interpreted in light of the specification and prosecution history.
- Patent Landscape: The patent is part of a broader landscape including related patents on formulations and manufacturing processes.
- Global Protection: Understanding the global patent family is crucial for comprehensive analysis.
- Search Tools: Utilizing tools like Patent Public Search and Global Dossier is essential for thorough patent analysis.
- Economic Insights: The USPTO's Patent Claims Research Dataset provides valuable statistical insights into patent trends.
FAQs
Q: What is the main subject of the '353 patent?
A: The '353 patent is primarily related to the methods of administering fexofenadine, an antihistamine.
Q: How are claims in the '353 patent constructed?
A: Claims are constructed by interpreting the specification, prosecution history, and other relevant factors during a Markman hearing.
Q: What other patents are related to the '353 patent?
A: Other related patents include those directed to fexofenadine formulations and the process of making piperidine derivatives.
Q: What tools can be used to analyze the global patent family of the '353 patent?
A: Tools like the Global Dossier and Patent Public Search provided by the USPTO are useful for analyzing the global patent family.
Q: Where can I find detailed statistical insights into patent trends related to the '353 patent?
A: The USPTO's Patent Claims Research Dataset provides detailed statistical insights into patent trends.
Sources
- USPTO, "Search for patents - USPTO", https://www.uspto.gov/patents/search
- USCOURTS, "1 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT", https://www.govinfo.gov/content/pkg/USCOURTS-njd-2_02-cv-01322/pdf/USCOURTS-njd-2_02-cv-01322-2.pdf
- USPTO, "Patent Claims Research Dataset - USPTO", https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- U.S. Department of Commerce, "U.S. Patent and Trademark Office | U.S. Department of Commerce", https://www.commerce.gov/bureaus-and-offices/uspto
- NPE Litigation Database, "6037353 | NPE Litigation Database", https://npe.law.stanford.edu/patent/6037353
