United States Patent 6,673,337: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 6,673,337, titled "Compositions containing alpha-2-adrenergic agonist components," is a patent that addresses the development of new compositions containing specific pharmacological agents. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Invention Overview
The patent, issued to address the need for new compositions containing alpha-2-adrenergic agonist components, is categorized under the medical and veterinary science sector. Alpha-2-adrenergic agonists are used in various medical applications, including ophthalmic and other therapeutic uses[4].
Scope of the Invention
The scope of the invention is defined by its application in medical preparations, particularly those characterized by special physical forms and specific therapeutic activities.
- Classification: The patent is classified under several categories, including A61K (Preparations for medical, dental, or toilet purposes) and A61P (Specific therapeutic activity of chemical compounds or medicinal preparations)[4].
- Therapeutic Use: The compositions are designed for ophthalmic agents and other medicinal preparations, highlighting their utility in treating disorders of the senses, such as ophthalmic conditions.
Claims
The patent includes several claims that define the scope of the invention:
- Independent Claims: These claims outline the core components of the invention, including the specific alpha-2-adrenergic agonist components and their formulations.
- Dependent Claims: These claims build upon the independent claims, specifying additional features or modifications to the core components, such as different physical forms or combinations with other therapeutic agents[4].
Claim Structure and Dependency
The claims are structured to ensure broad protection while allowing for specific variations:
- Claim Dependency: Dependent claims are linked to independent claims, ensuring that any variations or additional features are tied back to the core invention.
- Claim Scope: The scope of the claims is designed to cover a range of compositions, from specific formulations to broader categories of alpha-2-adrenergic agonist components[4].
Patent Eligibility
The patent's eligibility under U.S. patent law is governed by Section 101 of the Patent Act, which defines patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter"[5].
- Judicial Developments: Recent judicial decisions, such as those in the Alice and Mayo cases, have narrowed the scope of patent-eligible subject matter. However, this patent, being a composition of matter, generally falls within the eligible categories[5].
International Classification
The patent is classified using the International Patent Classification (IPC) system, which helps in identifying similar patents globally:
- IPC Classification: The patent is classified under A61K47/38 (Cellulose; Derivatives thereof) and other relevant categories, facilitating international searches and comparisons[4].
Search and Examination Process
The process of searching and examining this patent would involve several steps:
- Prior Art Search: Using tools like the USPTO's Patent Public Search, Global Dossier, and international patent databases to identify prior art related to alpha-2-adrenergic agonist compositions[1].
- Examination: The patent examiner would evaluate the novelty, non-obviousness, and enablement of the claimed invention, potentially leading to arguments and amended claims if necessary[2].
Commercial and Economic Implications
The costs and commercial implications of patenting such an invention are significant:
- Filing and Prosecution Costs: Drafting and filing a non-provisional patent application can cost between $8,000 and $20,000, with additional costs incurred during the patent prosecution process[2].
- Commercial Partnerships: Often, commercial partners may cover these costs, especially if there is a reasonable likelihood of recovering these expenses through future commercialization[2].
Patent Landscape and Trends
The patent landscape for pharmaceutical and medical compositions is dynamic:
- Recent Trends: There has been an increase in patent applications related to AI and biotechnology, although some AI inventions face challenges under current patent eligibility standards[5].
- Global Patent System: The use of tools like the Global Dossier and international patent databases highlights the global nature of patent searching and examination, ensuring that inventions like this one are evaluated in a broader international context[1].
Legal Status and Expiration
The legal status of the patent is crucial for understanding its current impact:
- Expiration: The patent has expired, which means that the protected compositions are now in the public domain and can be freely used without infringing on the original patent[4].
Conclusion and Key Takeaways
- Scope and Claims: The patent covers specific compositions containing alpha-2-adrenergic agonist components, with claims structured to ensure broad protection.
- Patent Eligibility: The invention falls under the eligible categories of patentable subject matter.
- Commercial Implications: The costs of patenting and the role of commercial partnerships are significant.
- Patent Landscape: The patent is part of a broader landscape that includes international classifications and global patent systems.
Key Takeaways
- Invention Scope: The patent addresses the need for new compositions containing alpha-2-adrenergic agonist components.
- Claims Structure: Independent and dependent claims define the core components and variations of the invention.
- Patent Eligibility: The invention is eligible under Section 101 of the Patent Act.
- Commercial Costs: Significant costs are associated with filing and prosecuting the patent.
- Global Context: The patent is part of a global patent system, with international classifications and search tools.
Frequently Asked Questions (FAQs)
Q: What is the main purpose of the United States Patent 6,673,337?
A: The main purpose is to protect new compositions containing alpha-2-adrenergic agonist components, particularly for ophthalmic and other therapeutic uses.
Q: How are the claims structured in this patent?
A: The claims are structured with independent claims defining the core components and dependent claims specifying additional features or modifications.
Q: Is this patent still in force?
A: No, the patent has expired, and the protected compositions are now in the public domain.
Q: What are the costs associated with patenting such an invention?
A: The costs include drafting and filing fees ($8,000 to $20,000) and additional costs during the patent prosecution process.
Q: How does this patent fit into the broader patent landscape?
A: It is part of a global patent system, classified under international categories, and subject to the same eligibility standards as other pharmaceutical and medical compositions.
Cited Sources
- USPTO - Search for patents: "How to Conduct a Preliminary U.S. Patent Search: A Step by Step Strategy" - USPTO.
- KU Office of Research: "Intellectual Property Protection" - KU Office of Research.
- USPTO - Patent Claims Research Dataset: "Patent Claims Research Dataset" - USPTO.
- Google Patents: "Compositions containing alpha-2-adrenergic agonist components" - Google Patents.
- CRS Reports: "Patent-Eligible Subject Matter Reform: An Overview" - CRS Reports.
