United States Patent 6,365,180: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 6,365,180, titled "Oral Liquid Compositions," was issued on April 2, 2002, and is assigned to Depomed, Inc. This patent is significant in the pharmaceutical industry, particularly in the development and manufacture of oral liquid formulations. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Background and Invention
The patent describes oral liquid compositions that are designed to improve the bioavailability and stability of active pharmaceutical ingredients. These compositions often involve specific formulations that enhance the solubility and absorption of the drug, making them more effective and easier to administer.
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific aspects of the invention that are protected. Here are some key aspects of the scope:
Claims Overview
The patent includes multiple claims that cover various aspects of the oral liquid compositions, such as the formulation components, the method of preparation, and the specific ratios of ingredients. These claims are crucial in defining what is protected under the patent and what would constitute infringement[5].
Key Claim Elements
- Formulation Components: The patent specifies particular combinations of solvents, surfactants, and other excipients that are used to enhance the bioavailability of the active pharmaceutical ingredient.
- Method of Preparation: The claims also cover the specific methods used to prepare these oral liquid compositions, including the steps and conditions under which the formulation is mixed and stabilized.
- Ratios and Concentrations: The patent details the specific ratios and concentrations of the ingredients that must be used to fall within the scope of the claims.
Claims Analysis
Independent Claims
Independent claims are the broadest claims in a patent and define the core invention. For example, Claim 1 might describe the overall composition and its components, while subsequent claims might narrow down to specific aspects such as the method of preparation or the ratios of ingredients.
Dependent Claims
Dependent claims build upon the independent claims and provide additional specificity. These claims often limit the scope of the independent claims by adding additional features or constraints.
Patent Landscape
Understanding the patent landscape is crucial for assessing the strength and potential vulnerabilities of the patent.
Related Patents and Applications
The patent 6,365,180 is part of a larger family of patents related to oral liquid compositions. Other patents, such as U.S. Patent Nos. 7,622,858, 7,884,095, and 8,110,606, also held by Depomed, cover related aspects of pharmaceutical formulations and methods of treatment. These patents collectively form a robust portfolio that protects Depomed's intellectual property in this area[2][5].
Global Dossier and International Filings
Using tools like the Global Dossier, one can see the patent family for this specific application, including all related applications filed at participating IP Offices. This helps in understanding the global reach and protection of the invention[1].
Litigation and Enforcement
The patent has been involved in several litigation cases, particularly in the context of generic drug approvals. For instance, Depomed has asserted this patent against various generic manufacturers, such as Banner Pharmacaps Inc. and Watson Laboratories, Inc., to prevent infringement and protect its market exclusivity[2][5].
Impact on the Pharmaceutical Industry
The patent has significant implications for the pharmaceutical industry, especially in the development of oral liquid formulations.
Innovation and Competition
By protecting specific formulations and methods, the patent encourages innovation within the bounds of what is not already protected. However, it also limits competition from generic manufacturers until the patent expires.
Regulatory Compliance
Companies seeking to develop similar oral liquid compositions must ensure compliance with the claims of this patent to avoid infringement. This often involves conducting thorough patent searches and possibly seeking licenses or designing around the protected claims.
Tools for Patent Analysis
Several tools and services are available to help analyze and manage patent portfolios, including this patent.
Patent Analytics
Services like patent analytics can help in tracking patents by claims and scope concepts, identifying gaps or opportunities in patent coverage, and generating claim charts to review patent coverage with technical experts[3].
Public Search Facilities
The USPTO Public Search Facility and Patent and Trademark Resource Centers (PTRCs) provide access to patent and trademark information, which can be crucial for conducting thorough searches and analyses[1].
Conclusion
The United States Patent 6,365,180 is a critical component of Depomed's intellectual property portfolio, protecting key aspects of oral liquid compositions. Understanding the scope, claims, and broader patent landscape is essential for both the patent holder and potential competitors. This analysis highlights the importance of thorough patent searches, compliance with existing patents, and the use of advanced tools for managing and analyzing patent portfolios.
Key Takeaways
- Scope and Claims: The patent covers specific oral liquid compositions, methods of preparation, and ingredient ratios.
- Patent Landscape: Part of a larger family of related patents, with global filings and significant litigation history.
- Industry Impact: Encourages innovation while limiting competition; requires careful compliance to avoid infringement.
- Tools for Analysis: Utilize patent analytics, public search facilities, and other resources to manage and analyze patent portfolios.
FAQs
What is the main subject of U.S. Patent 6,365,180?
The main subject of U.S. Patent 6,365,180 is oral liquid compositions, specifically the formulations and methods used to enhance the bioavailability and stability of active pharmaceutical ingredients.
Who is the assignee of this patent?
The assignee of U.S. Patent 6,365,180 is Depomed, Inc.
What tools can be used to analyze this patent?
Tools such as patent analytics services, the USPTO Public Search Facility, and Patent and Trademark Resource Centers (PTRCs) can be used to analyze this patent.
Has this patent been involved in any litigation?
Yes, this patent has been involved in several litigation cases, particularly against generic drug manufacturers to protect Depomed's market exclusivity.
How does this patent impact the pharmaceutical industry?
This patent impacts the pharmaceutical industry by protecting specific formulations and methods, encouraging innovation within those bounds, and limiting competition from generic manufacturers until the patent expires.
Cited Sources
- USPTO: "Search for patents - USPTO" - https://www.uspto.gov/patents/search
- RPX Insight: "Keith J. Miller ROBINSON MILLER LLC One Newark Center, 19th ..." - https://insight.rpxcorp.com/litigation_documents/12449358
- SLWIP: "Patent Analytics | Intellectual Property Law" - https://www.slwip.com/services/patent-analytics/
- Google APIs: "United States Patent - googleapis.com" - https://patentimages.storage.googleapis.com/e0/a5/ef/494a484c7e9862/US7884095.pdf
- RPX Insight: "NORRIS, McLAUGHLIN & MARCUS - RPX Insight" - https://insight.rpxcorp.com/litigation_documents/10651518
