Analyzing the Scope and Claims of United States Patent 6,761,910
Introduction
United States Patent 6,761,910, titled "Pharmaceutical compositions for the treatment of acute disorders by sublingual administration of an ordered mixture of microparticles with at least one pharmaceutically active agent adhered to the surfaces of the carrier," is a significant patent in the field of pharmaceuticals. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
The patent, granted on July 13, 2004, describes a method for treating acute disorders using pharmaceutical compositions administered sublingually. These compositions consist of an ordered mixture of microparticles with at least one pharmaceutically active agent adhered to the surfaces of the carrier[2].
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.
Independent Claims
The patent includes several independent claims that define the core of the invention. For example:
- Claim 1 describes a pharmaceutical composition comprising an ordered mixture of microparticles, each having at least one pharmaceutically active agent adhered to its surface, for sublingual administration.
- Claim 10 outlines a method for treating an acute disorder by administering the described pharmaceutical composition sublingually[2].
Dependent Claims
Dependent claims further specify and narrow down the scope of the independent claims. These claims often describe specific embodiments, such as the type of pharmaceutically active agent, the size and material of the microparticles, and the method of preparation.
Claims Analysis
The claims of the patent are crucial for understanding what is protected and what is not.
Claim Construction
Claim construction involves interpreting the language of the claims to determine their scope. For instance, the term "ordered mixture of microparticles" must be defined to understand the exact nature of the composition. This could involve analyzing the specification and any relevant prior art to determine the intended meaning of this term[2].
Claim Dependency
The dependency between claims is also important. Dependent claims rely on the independent claims and add additional limitations. For example, a dependent claim might specify that the pharmaceutically active agent is fentanyl, which narrows the scope of the independent claim[2].
Prior Art and Related Patents
Understanding the prior art and related patents is essential for assessing the novelty and non-obviousness of the invention.
Relevant Prior Art
Several prior patents and publications are cited in the patent, including U.S. Pat. No. 6,759,059, which discloses compositions and methods for the treatment of acute pain by sublingual administration, and U.S. Pat. No. 6,252,981, which describes oral mucosal drug delivery as an alternative method of systemic drug delivery formulation[2].
Global Patent Landscape
The global patent landscape for similar inventions can be explored using databases such as the European Patent Office's esp@cenet, the Japan Patent Office's database, and the World Intellectual Property Organization's PATENTSCOPE® Search Service. These resources help in identifying similar patents and applications filed in other jurisdictions, which can impact the global protection and enforcement of the patent[1].
Economic and Innovation Impact
The economic and innovation impact of this patent can be significant, especially in the pharmaceutical industry.
Patenting Activity
The patent is part of a larger trend in pharmaceutical patenting, where companies and individuals seek to protect their inventions to gain economic benefits. According to the USPTO, the private sector, particularly for-profit companies, receives the majority of patents in the U.S., reflecting the commercial importance of such inventions[4].
Industry-Level Impact
The patent's impact extends to knowledge- and technology-intensive industries, such as high-technology manufacturing and commercial knowledge-intensive services. These industries have a larger share of patents and are more likely to engage in experimental development activities, leading to direct commercial applications of their research[4].
Legal and Regulatory Considerations
The legal and regulatory environment surrounding the patent is crucial for its enforcement and protection.
Patent Protection
The patent provides the legal right to exclude others from making, using, offering for sale, or selling the invention for a limited time in exchange for public disclosure of the technical information. This protection is essential for the economic motivations of inventors and companies[4].
Litigation and Enforcement
The patent could be involved in litigation if there are allegations of infringement. For example, a case might involve determining whether another company's product infringes on one or more of the claims of the '910 patent. This would require a detailed analysis of the claims and the accused product to determine infringement[5].
Key Takeaways
- Scope and Claims: The patent's scope is defined by its claims, which specify the pharmaceutical composition and method of administration.
- Prior Art and Related Patents: Understanding prior art and related patents is crucial for assessing novelty and non-obviousness.
- Global Patent Landscape: The global landscape includes similar patents and applications in other jurisdictions.
- Economic and Innovation Impact: The patent has significant economic and innovation implications, particularly in the pharmaceutical industry.
- Legal and Regulatory Considerations: The patent's legal protection and potential litigation are important for its enforcement.
FAQs
Q: What is the main subject of United States Patent 6,761,910?
A: The main subject is a pharmaceutical composition for treating acute disorders through sublingual administration of an ordered mixture of microparticles with at least one pharmaceutically active agent adhered to the surfaces of the carrier.
Q: How do the claims of the patent define its scope?
A: The claims define the specific aspects of the invention, including the composition and method of administration, with independent claims outlining the core of the invention and dependent claims adding additional limitations.
Q: What is the significance of prior art in analyzing this patent?
A: Prior art helps in assessing the novelty and non-obviousness of the invention by comparing it with existing patents and publications.
Q: How does this patent fit into the global patent landscape?
A: It is part of a broader landscape of similar patents and applications filed in various jurisdictions, which can impact its global protection and enforcement.
Q: What are the economic implications of this patent?
A: The patent has significant economic implications, particularly in the pharmaceutical industry, where it can provide exclusive rights to the inventor or assignee, influencing commercial applications and innovation.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Google Patents - US20080166404A1: https://patents.google.com/patent/US20080166404A1/en
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- NSF - Chapter 8 - Invention, Knowledge Transfer, and Innovation: https://www.nsf.gov/statistics/2018/nsb20181/report/sections/invention-knowledge-transfer-and-innovation/invention-united-states-and-comparative-global-trends
- RPX Insight - Case 3:15-cv-00826-PGS-DEA Document 1 Filed 02: https://insight.rpxcorp.com/litigation_documents/11154862
