Details for Patent: 6,339,105

Summary for Patent: 6,339,105

Title:	Analgesic regimen
Abstract:	A regimen for the administration of tramadol for the treatment of analgesia is described. The regimen involves a slower initial titration rate of tramadol which results in a significantly lower percentage of discontinuations of therapy due to a lower incidence and severity of side effects.
Inventor(s):	Kamin; Marc (West Windsor, NJ), Olson; William (Princeton, NJ)
Assignee:	Ortho-McNeil Pharmaceutical, Inc. (Raritan, NJ)
Application Number:	09/415,753
Patent Claim Types: see list of patent claims	Use; Composition;

Analyzing the Scope and Claims of United States Patent 6,339,105: An In-Depth Look

Introduction

Understanding the scope and claims of a patent is crucial for inventors, patent attorneys, and businesses to navigate the complex landscape of intellectual property. This article will delve into the specifics of United States Patent 6,339,105, an analgesic regimen patent, and provide a comprehensive analysis of its claims, scope, and the broader patent landscape.

Background of the Patent

Patent Overview

United States Patent 6,339,105, titled "Analgesic regimen," was granted to address the need for effective pain management. The patent describes a specific regimen for administering analgesics to patients, aiming to optimize pain relief while minimizing side effects.

Inventorship and Assignment

Determining the true and only inventors is a critical aspect of patent law. For US Patent 6,339,105, the inventors listed are those who conceived the subject matter of at least one claim of the patent. Correct inventorship is essential to ensure the patent's validity and enforceability[4].

Claims Analysis

Claim Structure

The claims of a patent define the scope of the invention and are the legal boundaries of what is protected. For US Patent 6,339,105, the claims can be categorized into independent and dependent claims.

Independent Claims

Independent claims stand alone and define the broadest scope of the invention. These claims typically describe the core elements of the invention without referencing other claims.

Dependent Claims

Dependent claims build upon the independent claims and add additional limitations or features. These claims are narrower in scope but provide further detail on the invention.

Claim Interpretation

Interpreting the claims involves understanding the language and scope of each claim. This is crucial for determining what is protected and what might infringe on the patent. For example, if a claim specifies a particular dosage regimen, any deviation from this regimen might not be considered an infringement.

Scope of the Invention

Subject Matter

The scope of US Patent 6,339,105 is defined by the subject matter of the claims, which in this case involves a specific analgesic regimen. This includes the types of analgesics used, the dosage schedule, and any additional treatments or medications that are part of the regimen.

Limitations and Boundaries

The scope is also limited by the boundaries set forth in the claims. For instance, if the patent claims a specific combination of analgesics, using a different combination would not be covered under the patent.

Patent Landscape

Prior Art and Citations

Understanding the prior art and citations is essential for placing the patent within the broader patent landscape. Tools like the Common Citation Document (CCD) can help consolidate prior art cited by multiple patent offices, providing a comprehensive view of the existing knowledge in the field[1].

Global Patent Family

Using resources like the Global Dossier, one can identify related applications filed at participating IP Offices, including the IP5 Offices. This helps in understanding the global reach and protection of the invention[1].

Competing Patents

Analyzing competing patents in the same field can reveal gaps and opportunities. For example, if other patents cover different aspects of analgesic regimens, US Patent 6,339,105 might offer a unique approach that is not covered by these other patents.

Search and Analysis Tools

USPTO Resources

The United States Patent and Trademark Office (USPTO) provides several tools for searching and analyzing patents. The Patent Public Search tool, for instance, offers enhanced access to prior art and modern interfaces for searching patents[1].

International Resources

For a global perspective, databases like those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) are invaluable. These resources allow for the search of international patent applications and machine translations of patents in various languages[1].

Economic and Legal Implications

Economic Impact

The economic impact of a patent can be significant. The Patent Claims Research Dataset by the USPTO provides insights into the scope and claims of patents, which can be used to analyze the economic implications of patent protection[3].

Legal Considerations

Legal considerations, such as the need for a small claims patent court, highlight the complexities and costs associated with patent litigation. Studies by the Administrative Conference of the United States (ACUS) have explored the feasibility of such a court to address smaller-scale patent disputes[2].

Best Practices for Patent Search and Analysis

Conducting a Preliminary Search

A preliminary search using resources like the Patent Public Search tool and the Global Dossier can help identify existing patents and prior art. This step is crucial in determining the novelty and non-obviousness of an invention[1].

Consulting Experts

Consulting with patent attorneys and experts can provide valuable insights into the scope and claims of a patent. This is particularly important for determining inventorship and ensuring that the patent is valid and enforceable[4].

Key Takeaways

• Claims Analysis: Understanding the structure and interpretation of claims is essential for defining the scope of the invention.
• Scope of the Invention: The subject matter and limitations of the claims define what is protected under the patent.
• Patent Landscape: Analyzing prior art, global patent families, and competing patents provides a comprehensive view of the patent's position.
• Search and Analysis Tools: Utilizing USPTO and international resources is critical for thorough patent searches and analyses.
• Economic and Legal Implications: Understanding the economic and legal implications helps in navigating the complexities of patent protection.

FAQs

Q: How do I determine the true and only inventors for a patent?

A: Determining the true and only inventors involves identifying those who conceived the subject matter of at least one claim of the patent. This focuses on the conception step, where the idea must be definite and permanent enough to permit one with ordinary skill in the field to reduce it to practice without undue experimentation[4].

Q: What is the difference between independent and dependent claims?

A: Independent claims stand alone and define the broadest scope of the invention, while dependent claims build upon the independent claims and add additional limitations or features[1].

Q: How can I search for prior art related to a patent?

A: You can use tools like the Patent Public Search tool, Global Dossier, and Common Citation Document (CCD) to search for prior art and related patent applications[1].

Q: What are the economic implications of patent protection?

A: Patent protection can have significant economic implications, including the potential for increased revenue through licensing and enforcement. The Patent Claims Research Dataset can provide insights into these economic impacts[3].

Q: Why is it important to consult with patent attorneys and experts?

A: Consulting with patent attorneys and experts is crucial for ensuring that the patent is valid and enforceable, and for navigating the complexities of patent law and litigation[4].

Sources

1. USPTO - Search for patents: https://www.uspto.gov/patents/search
2. ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
3. USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
4. Oregon State University - Determining Inventorship for US Patent Applications: https://agsci.oregonstate.edu/sites/agsci/files/main/research/vrc_release_inventorship-gattari.pdf

Drugs Protected by US Patent 6,339,105

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate