United States Patent 6,861,411: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 6,861,411, titled "Method of treating eye infections with azithromycin," is a significant patent in the field of ophthalmology, particularly for the treatment of ocular infections. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Invention Description
The patent describes methods and compositions for treating ocular infections by topically administering azithromycin to the eye of an animal, including humans. Azithromycin, a broad-spectrum antimicrobial compound derived from erythromycin A, is the active ingredient in these compositions[4].
Prior Art and Background
The invention builds upon earlier patents that disclosed azithromycin's antibacterial properties, such as U.S. Pat. No. 4,474,768 and U.S. Pat. No. 4,517,359. These prior patents established azithromycin as a useful antibiotic, but the current patent focuses specifically on its topical application for ocular infections[4].
Scope of the Patent
Claims
The patent includes several key claims that define the scope of the invention:
- Claim 1: A method of treating an ocular infection by topically administering azithromycin to an eye of an animal in need of such treatment.
- Claim 2: Pharmaceutical compositions suitable for topical application directly to an eye, comprising azithromycin and a pharmaceutical vehicle.
- Claim 3: Specific concentrations of azithromycin in the vehicle sufficient to remediate the ocular infection[4].
Types of Ocular Infections
The patent covers the treatment of various ocular infections caused by bacterial species amenable to systemic treatment with azithromycin, including trachoma, a chronic follicular conjunctivitis caused by Chlamydia trachomatis[4].
Claims Analysis
Claim Construction
The claims are constructed to ensure broad coverage while maintaining specificity. For instance, Claim 1 is broad in that it covers any method of treating ocular infections using azithromycin, but it is specific in requiring topical administration.
Dependent Claims
Dependent claims further narrow down the scope by specifying the concentration of azithromycin, the type of pharmaceutical vehicle, and the particular ocular infections treatable by the method. These dependent claims provide additional protection by covering specific embodiments of the invention[4].
Patent Landscape
Global Patent Family
To understand the full scope of protection, it is essential to look at the global patent family. The Global Dossier service provided by the USPTO allows users to see related applications filed at participating IP Offices, including the IP5 Offices (USPTO, EPO, JPO, KIPO, and CNIPA)[1].
International Search and Examination
The Common Citation Document (CCD) application consolidates prior art cited by all participating offices for the family members of a patent application. This helps in visualizing the search results for the same invention produced by several offices on a single page[1].
Competing Patents
Other patents in the field, such as those owned by Insite Vision Incorporated, may overlap or compete with the claims of U.S. Patent 6,861,411. For example, Insite owns patents related to methods of treating ocular infections, which could potentially be seen as prior art or competing inventions[5].
Legal Status and Expiration
Current Status
The patent has expired, as indicated by its legal status. This means that the exclusive rights granted by the patent are no longer in effect, and the invention is now in the public domain[4].
Implications of Expiration
The expiration of the patent allows other companies to manufacture and market similar products without infringing on the original patent. This can lead to increased competition and potentially lower prices for consumers.
Economic and Market Impact
Market Dominance
During its active period, the patent provided Pfizer with a significant market advantage in the treatment of ocular infections. The exclusivity granted by the patent allowed Pfizer to dominate the market for azithromycin-based ocular treatments.
Post-Expiration Market Dynamics
With the patent expired, other pharmaceutical companies can now develop and market similar products. This could lead to a more competitive market, potentially driving innovation and reducing costs.
Conclusion
United States Patent 6,861,411 was a pivotal patent in the field of ophthalmology, providing a method and compositions for treating ocular infections using azithromycin. The scope of the patent was defined by its claims, which covered both the method of treatment and the pharmaceutical compositions used. The patent landscape, including global patent families and competing patents, highlights the complexity of intellectual property in this field. With the patent now expired, the market is open to new competitors, which could lead to increased innovation and better options for patients.
Key Takeaways
- Invention Scope: The patent covers methods and compositions for treating ocular infections using azithromycin.
- Claims Analysis: The claims are broad yet specific, ensuring comprehensive protection.
- Patent Landscape: The patent is part of a global family and has been subject to international search and examination.
- Legal Status: The patent has expired, allowing other companies to enter the market.
- Market Impact: The expiration could lead to increased competition and innovation.
FAQs
Q: What is the main invention described in U.S. Patent 6,861,411?
A: The main invention is a method of treating ocular infections by topically administering azithromycin to the eye.
Q: What are the key claims of the patent?
A: The key claims include the method of treatment, pharmaceutical compositions, and specific concentrations of azithromycin.
Q: Is the patent still active?
A: No, the patent has expired.
Q: What is the impact of the patent's expiration on the market?
A: The expiration allows other companies to develop and market similar products, potentially increasing competition and innovation.
Q: How does the Global Dossier service relate to this patent?
A: The Global Dossier service helps in viewing related applications filed at participating IP Offices, providing a comprehensive view of the global patent family.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Unified Patents Portal - US-6861411-B1: https://portal.unifiedpatents.com/patents/patent/US-6861411-B1
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US6861411B1: https://patents.google.com/patent/US6861411
- Mondaq - Factual Findings Support The District Court's "Framing" Of Obviousness Question: https://www.mondaq.com/unitedstates/patent/392714/factual-findings-support-the-district-courts-framing-of-obviousness-question
