United States Patent 6,469,009: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 6,469,009, titled "Pharmaceutical Compositions for the Treatment of Rhinitis," is a significant patent in the pharmaceutical industry, particularly in the treatment of rhinitis. This patent, issued to UCB S.A. (now UCB Pharma S.A.), covers specific pharmaceutical compositions and their use. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Background and Issuance
The patent was issued on October 22, 2002, by the United States Patent and Trademark Office (USPTO) to UCB S.A., with subsequent assignments to UCB Pharma S.A.[2].
Scope of the Patent
The patent focuses on pharmaceutical compositions designed to treat rhinitis, a common condition characterized by inflammation of the nasal passages. The compositions typically include a combination of active ingredients such as pseudoephedrine and an individual optical isomer or a pharmaceutically acceptable salt thereof, often in conjunction with other therapeutic agents like cetirizine[2][5].
Active Ingredients
- Pseudoephedrine: A decongestant commonly used to relieve nasal congestion.
- Cetirizine: An antihistamine used to treat symptoms of allergies.
Therapeutic Use
The patent covers the use of these compositions for treating rhinitis, including allergic rhinitis and other related conditions. The combination of pseudoephedrine and cetirizine is particularly effective in addressing both the nasal congestion and the allergic symptoms associated with rhinitis.
Claims of the Patent
The patent includes several claims that define the scope of the invention:
Independent Claims
These claims define the broadest scope of the invention and typically include the essential elements of the pharmaceutical composition.
- Claim 1 might include a pharmaceutical composition comprising pseudoephedrine and cetirizine, along with any necessary excipients and formulations[2].
Dependent Claims
These claims narrow down the scope by adding additional limitations or specific embodiments.
- For example, a dependent claim might specify a particular dosage form, such as a tablet or syrup, or specific ratios of the active ingredients[2].
Patent Landscape
Related Patents
The patent landscape around U.S. Patent 6,469,009 includes other patents related to similar pharmaceutical compositions and treatments for rhinitis. For instance:
- U.S. Patent 7,014,867 and U.S. Patent 7,226,614, also held by UCB Pharma S.A., cover related aspects of the same pharmaceutical product, such as specific tablet formulations and uses[2].
International Patent Family
The patent is part of an international patent family, with corresponding patents filed in various countries. This is evident through services like the Global Dossier, which provides access to the file histories of related applications from participating IP Offices[1].
Litigation and Enforcement
The patent has been involved in litigation, particularly in cases related to generic drug approvals. For example, UCB, Inc., and UCB Pharma S.A. filed a lawsuit against InvaGen Pharmaceuticals, Inc., alleging patent infringement due to InvaGen's filing of an Abbreviated New Drug Application (ANDA) for a generic version of the patented product, Zyrtec-D®[2].
Search and Analysis Tools
To analyze the scope and claims of this patent, several tools and resources are available:
USPTO Patent Public Search
This tool allows users to search for existing patents and published patent applications, including detailed information on claims and prior art[1].
Global Dossier
This service provides access to the file histories of related applications from participating IP Offices, helping to identify the global patent family and any office actions or citations related to the patent[1].
Common Citation Document (CCD)
The CCD application consolidates prior art cited by all participating offices for the family members of a patent application, facilitating a comprehensive analysis of the patent's validity and scope[1].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents, including those related to pharmaceutical compositions. This dataset can be used to analyze trends and measurements of patent scope, which can be crucial for understanding the economic and research implications of patents like U.S. Patent 6,469,009[3].
Key Takeaways
- Scope and Claims: The patent covers specific pharmaceutical compositions for treating rhinitis, including combinations of pseudoephedrine and cetirizine.
- Therapeutic Use: The compositions are designed to address both nasal congestion and allergic symptoms associated with rhinitis.
- Patent Landscape: The patent is part of a broader landscape that includes related patents and international filings.
- Litigation: The patent has been involved in significant litigation related to generic drug approvals.
- Analysis Tools: Various USPTO tools, such as the Patent Public Search and Global Dossier, are essential for analyzing the patent's scope and claims.
FAQs
What is the main subject of U.S. Patent 6,469,009?
The main subject of U.S. Patent 6,469,009 is pharmaceutical compositions for the treatment of rhinitis, specifically combinations of pseudoephedrine and cetirizine.
Who is the current holder of U.S. Patent 6,469,009?
The current holder of U.S. Patent 6,469,009 is UCB Pharma S.A.
What are the key active ingredients covered by the patent?
The key active ingredients are pseudoephedrine and cetirizine.
Has the patent been involved in any significant litigation?
Yes, the patent has been involved in litigation related to generic drug approvals, such as the case against InvaGen Pharmaceuticals, Inc.
What tools can be used to analyze the scope and claims of this patent?
Tools such as the USPTO Patent Public Search, Global Dossier, and Common Citation Document (CCD) can be used to analyze the scope and claims of this patent.
Sources
- USPTO: "Search for patents - USPTO" - https://www.uspto.gov/patents/search
- IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK: "UCB, Inc., and UCB Pharma S.A., Plaintiffs, v. InvaGen Pharmaceuticals, Inc., Defendant" - https://insight.rpxcorp.com/litigation_documents/11762391
- USPTO: "Patent Claims Research Dataset" - 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
- Google Patents: "WO2007141743A2 - A tablet dosage form ... - Google Patents" - https://patents.google.com/patent/WO2007141743A2/pt-pt
