United States Patent 6,239,180: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 6,239,180, titled "Transdermal therapeutic device and method with capsaicin and capsaicin analogs," is a significant patent in the field of medical devices and pharmaceuticals. This patent, granted to NeurogesX, Inc., pertains to the use of capsaicin and its analogs in transdermal therapeutic devices. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Invention Description
The patent describes a transdermal therapeutic device and method for administering capsaicin or its analogs to alleviate symptoms of peripheral neuropathy. The device involves a formulation containing capsaicin or its analogs in concentrations between 5% and 10% by weight, which is applied transdermally to provide prolonged relief[4].
Classification
The patent is classified under various categories, including A61K (Preparations for medical, dental, or toiletry purposes), A61K9/00 (Medicinal preparations characterized by special physical form), and A61P25/02 (Drugs for disorders of the nervous system for peripheral neuropathies)[4].
Scope of the Patent
Claim Analysis
The scope of the patent is defined by its claims, which are critical in determining the boundaries of the invention. The claims in this patent include:
- Independent Claims: These define the core aspects of the invention, such as the composition of the transdermal device and the method of administration.
- Dependent Claims: These build upon the independent claims, providing additional details and limitations.
For instance, Claim 1 of the patent specifies a transdermal therapeutic device comprising a formulation with capsaicin or its analogs in a specific concentration range[4].
Metrics for Patent Scope
Research on patent scope suggests that metrics such as independent claim length and independent claim count can be used to measure the breadth of a patent. Narrower claims, as seen in this patent, are often associated with a higher probability of grant and a shorter examination process[3].
Claims and Their Implications
Claim Construction
The claims in this patent are constructed to ensure that the invention is clearly defined and distinguishable from prior art. For example, the specification of capsaicin concentration between 5% and 10% by weight is a key limitation that defines the scope of the invention[4].
Prior Art and Novelty
The patent cites several prior art references, including earlier patents and scientific literature, to establish the novelty of the invention. For instance, the inventors reference earlier work on capsaicin and its analogs but highlight the unique application and formulation described in this patent[4].
Patent Landscape
Global Patent Family
The patent is part of a global patent family, with corresponding applications filed in various countries such as Europe, Japan, and China. This is evident from the priority applications listed, which include filings in multiple jurisdictions[4].
International Search Resources
To understand the broader patent landscape, one can use resources like the Global Dossier, which provides access to file histories of related applications from participating IP Offices. This tool helps in identifying the patent family and related applications worldwide[1].
Competing Patents and Technologies
The patent landscape in the field of transdermal therapeutic devices is competitive, with numerous patents and applications related to similar technologies. For example, other patents may cover different formulations or methods of administration for capsaicin or its analogs. Conducting a thorough search using databases like PATENTSCOPE by WIPO or esp@cenet by the EPO can help identify these competing patents[1].
Legal Status and Term Extension
Current Status
The patent has expired, as indicated by its legal status. This means that the exclusive rights granted by the patent are no longer in effect, and the technology described can be freely used by others[4].
Term Extension
There was an application for patent term extension under 35 U.S.C. section 156, which is often sought for patents related to pharmaceutical products to compensate for the time spent in regulatory review. However, the outcome of this application is not specified in the available documents[2].
Practical Implications
Commercial Use
The expiration of the patent means that manufacturers can now produce and market similar transdermal therapeutic devices without infringing on the original patent. This opens up the market for generic or similar products, potentially reducing costs and increasing accessibility for patients.
Innovation and Research
The expiration also encourages further innovation, as researchers and companies are no longer constrained by the exclusive rights of the original patent. This can lead to new formulations, delivery methods, or improvements in the treatment of peripheral neuropathy.
Key Takeaways
- Patent Scope: Defined by independent and dependent claims, with narrower claims associated with higher grant probabilities and shorter examination processes.
- Global Patent Family: Part of a broader global patent family with filings in multiple jurisdictions.
- Legal Status: The patent has expired, allowing for free use of the described technology.
- Practical Implications: Expiration opens the market for generic products and encourages further innovation.
FAQs
Q: What is the main invention described in United States Patent 6,239,180?
A: The patent describes a transdermal therapeutic device and method for administering capsaicin or its analogs to alleviate symptoms of peripheral neuropathy.
Q: How is the scope of the patent defined?
A: The scope is defined by the claims, including independent and dependent claims that specify the composition and method of administration.
Q: What metrics can be used to measure the breadth of a patent?
A: Metrics such as independent claim length and independent claim count can be used to measure the breadth of a patent.
Q: Is the patent part of a global patent family?
A: Yes, the patent is part of a global patent family with corresponding applications filed in various countries.
Q: What is the current legal status of the patent?
A: The patent has expired, meaning the exclusive rights granted by the patent are no longer in effect.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Regulations.gov - Patent term extension application: https://downloads.regulations.gov/FDA-2010-E-0406-0006/attachment_1.pdf
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents - US6239180B1: https://patents.google.com/patent/US6239180B1/en
