United States Patent 6,770,262: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 6,770,262, titled "Nasal administration of agents for the treatment of gastroparesis," is a significant patent in the medical field, particularly in the treatment of gastroparesis. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Number and Authority
The patent, numbered US6,770,262B2, was granted by the United States Patent and Trademark Office (USPTO)[4].
Invention Description
The patent describes a method for the nasal administration of agents, specifically metoclopramide, for the treatment of gastroparesis. Gastroparesis is a condition where the stomach takes too long to empty its contents, often leading to nausea, vomiting, and other gastrointestinal symptoms. The invention provides an alternative delivery method for metoclopramide, which is traditionally administered orally or intravenously.
Prior Art and Classification
The patent is classified under several categories within the International Patent Classification (IPC) system, including A61K (Preparations for medical, dental or toiletty purposes) and A61M (Devices for introducing media into, or onto, the body)[4].
Scope of the Patent
Claims
The patent includes multiple claims that define the scope of the invention. These claims typically cover the method of administration, the specific agents used (e.g., metoclopramide), and the dosage regimen. Here are some key aspects of the claims:
- Method of Administration: The patent claims a method for administering metoclopramide nasally, which is a novel approach compared to traditional oral or intravenous administration.
- Dosage Regimen: The claims specify the daily dosage and the frequency of administration, which are critical for the effective treatment of gastroparesis.
- Agent Specification: The patent specifically claims the use of metoclopramide, a well-known drug for treating gastroparesis, but administered through a new route[4].
Novelty and Non-Obviousness
The patent's novelty lies in the nasal administration of metoclopramide, which was not previously known or used for treating gastroparesis. This method addresses the limitations of traditional administration methods, such as reduced bioavailability and gastrointestinal side effects.
Patent Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims stand alone and define the invention broadly, while dependent claims further limit the scope of the independent claims.
- Independent Claims: These claims define the core invention, such as the method of nasal administration of metoclopramide.
- Dependent Claims: These claims add specific details, such as the dosage regimen or the use of specific formulations, to the independent claims[4].
Claim Construction
Claim construction is crucial in determining the scope of the patent. The claims must be clear and definite to avoid ambiguity. In this case, the claims are constructed to cover the specific method of administration and the use of metoclopramide, ensuring that the invention is well-defined and distinguishable from prior art.
Patent Landscape
Related Patents and Prior Art
The patent landscape for gastroparesis treatments includes various patents related to different administration methods and agents. For instance, other patents may cover oral or intravenous administration of metoclopramide or other drugs. The unique aspect of US6,770,262B2 is its focus on nasal administration, which sets it apart from existing treatments.
Global Dossier and International Patent Offices
To understand the global patent landscape, one can use resources like the Global Dossier provided by the USPTO. This service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This can help in identifying similar patents or applications in other countries[1].
Searchable Databases
Searching international patent databases, such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO), can reveal similar or related patents. These databases often include machine translations, which can be useful for analyzing patents in different languages[1].
Challenges and Controversies
Patent Trial and Appeal Board (PTAB)
Patents, including US6,770,262B2, can be challenged through administrative procedures at the PTAB. Inter Partes Review (IPR) and Post-Grant Review (PGR) are mechanisms that allow third parties to challenge the validity of patents. These procedures are often faster and less expensive than judicial proceedings but have been controversial, with some arguing they create uncertainty and are biased against patent holders[2].
Economic and Practical Impact
Market Significance
The patent's impact on the market can be significant, especially in the treatment of gastroparesis. By providing an alternative delivery method, it can improve patient compliance and efficacy of the treatment. This can lead to increased market share for the patented product and potentially higher revenue.
Research and Development
The patent data, such as that provided by the USPTO's Patent Claims Research Dataset, can be used to analyze trends in patent scope and claims. This dataset includes detailed information on claims from US patents and can help in understanding the broader landscape of medical treatments and innovations[3].
Key Takeaways
- Nasal Administration: The patent introduces a novel method of nasal administration for metoclopramide, addressing limitations of traditional methods.
- Scope and Claims: The patent's scope is defined by its claims, which cover the method of administration, dosage regimen, and specific agents used.
- Patent Landscape: The patent is part of a broader landscape that includes various treatments for gastroparesis, with its unique aspect being the nasal administration method.
- Challenges and Controversies: Patents can be challenged through PTAB procedures, which have been controversial among patent stakeholders.
- Economic and Practical Impact: The patent can have a significant impact on the market by improving treatment efficacy and patient compliance.
FAQs
What is the main innovation of US Patent 6,770,262B2?
The main innovation is the nasal administration of metoclopramide for the treatment of gastroparesis, which is a novel approach compared to traditional oral or intravenous administration.
How does the patent's scope affect its market significance?
The patent's scope, defined by its claims, ensures that the invention is distinct and can be protected. This uniqueness can lead to increased market share and revenue for the patented product.
Can the patent be challenged?
Yes, the patent can be challenged through administrative procedures at the PTAB, such as Inter Partes Review (IPR) and Post-Grant Review (PGR).
What resources can be used to analyze the global patent landscape?
Resources like the Global Dossier, searchable databases from international patent offices (e.g., EPO, JPO, WIPO), and the USPTO's Patent Claims Research Dataset can be used to analyze the global patent landscape.
How does the patent impact research and development in the medical field?
The patent can influence research and development by providing a new method of drug administration, which can inspire further innovations in medical treatments and drug delivery systems.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Congressional Research Service - The Patent Trial and Appeal Board and Inter Partes Review: https://crsreports.congress.gov/product/pdf/R/R48016
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - Nasal administration of agents for the treatment of gastroparesis: https://patents.google.com/patent/US6770262B2/en
