United States Patent 6,576,665: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 6,576,665, titled "Encapsulated calcium acetate caplet and a method for inhibiting gastrointestinal phosphorous absorption," is a significant patent in the field of pharmaceuticals and medical sciences. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Invention Description
The patent describes a composition and method for inhibiting gastrointestinal absorption of phosphorus in individuals. The composition includes a quantity of calcium acetate sufficient to bind phosphorus in the gastrointestinal tract, thereby preventing its absorption into the bloodstream. This is particularly useful for patients with kidney disease or other conditions where phosphorus levels need to be managed[4].
Publication and Priority Dates
The patent was filed on April 3, 2001, and published on July 10, 2001. It claims priority from the same filing date, indicating that it is the initial application for this invention[4].
Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broad scope of the invention, while dependent claims narrow down the scope by adding specific details.
- Independent Claim 1: This claim describes the composition comprising calcium acetate and its use in inhibiting gastrointestinal phosphorous absorption.
- Dependent Claims: These claims specify various aspects such as the form of the composition (e.g., caplet, capsule), the amount of calcium acetate, and the method of administration[4].
Claim Scope and Limitations
The claims are crafted to ensure broad protection for the invention while avoiding prior art. For instance, the use of "encapsulated calcium acetate" is specific enough to distinguish it from other phosphorus-binding agents but broad enough to cover various formulations.
Patent Landscape
Prior Art and Related Patents
The patent landscape for this invention includes several related patents and prior art that deal with phosphorus-binding agents and gastrointestinal absorption.
- US4870105A: This prior art patent describes a phosphorus binder, which, although different in composition, serves a similar purpose[4].
- US4339428A: This patent discusses capsule products containing high dosages of aspirin and alkaline components, which, while not directly related, shows the evolution of encapsulated drug delivery systems[4].
International Patent Family
The patent is part of an international patent family, with applications filed in various countries. This is evident from the Global Dossier service provided by the USPTO, which allows users to see the patent family for a specific application across participating IP Offices[1].
Search and Analysis Tools
USPTO Resources
To conduct a thorough analysis of this patent, several USPTO resources are invaluable:
- Patent Public Search: This tool provides enhanced access to prior art and allows for a comprehensive search of patent documents[1].
- Global Dossier: This service helps in identifying related applications and their status across different IP Offices[1].
- Patent Claims Research Dataset: This dataset, provided by the USPTO, contains detailed information on claims from U.S. patents and can be used to analyze the scope and trends of patent claims[3].
International Databases
For a global perspective, databases from other international intellectual property offices such as the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) are essential. These databases provide access to machine translations and full-text searches of international patent applications[1].
Economic and Market Impact
Market Need and Competition
The invention addresses a significant medical need, particularly for patients with chronic kidney disease. The market for phosphorus-binding agents is competitive, with several other products available. However, the unique formulation and method described in this patent offer a distinct advantage.
Litigation and Enforcement
Patent litigation documents, such as those available through RPX Corporation, show that this patent has been involved in infringement cases. This highlights the importance of this patent in the pharmaceutical industry and the need for robust enforcement to protect intellectual property rights[5].
Industry Expert Insights
Industry experts emphasize the importance of detailed patent analysis to ensure that new inventions do not infringe on existing patents. For example, Dr. Alan C. Marco, an economist at the USPTO, notes that "patent claims are a critical component of the patent system, as they define the scope of protection for an invention"[3].
Statistics and Trends
- Patent Scope Measurements: Research by the USPTO's Office of Chief Economist shows that the scope of patents, measured through claims analysis, has been increasing over the years. This trend indicates a growing complexity in patent claims and the need for precise analysis[3].
- Global Patent Filings: The number of global patent filings has been increasing, with a significant portion related to pharmaceutical and medical inventions. This trend underscores the competitive landscape and the importance of thorough patent searches[1].
Key Takeaways
- Detailed Claims Analysis: Understanding the independent and dependent claims is crucial for determining the scope of protection.
- Prior Art and Related Patents: Conducting a thorough search of prior art and related patents helps in identifying potential infringement risks.
- Global Patent Landscape: Analyzing the international patent family and using global databases is essential for a comprehensive understanding.
- Market Impact: The invention addresses a significant medical need and operates in a competitive market.
- Litigation and Enforcement: Robust enforcement is necessary to protect intellectual property rights.
FAQs
Q: What is the primary use of the composition described in US Patent 6,576,665?
A: The primary use is to inhibit gastrointestinal absorption of phosphorus in individuals, particularly those with kidney disease.
Q: How does the patent differentiate itself from prior art?
A: The patent differentiates itself through the specific use of encapsulated calcium acetate and its method of administration.
Q: What tools can be used to conduct a thorough analysis of this patent?
A: Tools such as the USPTO's Patent Public Search, Global Dossier, and Patent Claims Research Dataset are invaluable.
Q: Is this patent part of an international patent family?
A: Yes, the patent is part of an international patent family with applications filed in various countries.
Q: Why is thorough patent analysis important for new inventions?
A: Thorough patent analysis is crucial to ensure that new inventions do not infringe on existing patents and to define the scope of protection accurately.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Unified Patents Portal - US6576665B2: https://portal.unifiedpatents.com/patents/patent/US-6576665-B2
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US6576665B2: https://patents.google.com/patent/US6576665B2/en
- RPX Corporation - Litigation Documents: https://insight.rpxcorp.com/litigation_documents/3794395
