United States Patent 6,881,208: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 6,881,208, titled "Method and device for transdermal electrotransport delivery of fentanyl and sufentanil," is a significant patent in the field of medical technology, particularly in drug delivery systems. This article will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Invention Overview
The patent, issued on April 19, 2005, describes an improved electrotransport drug delivery system designed for the transdermal administration of analgesic drugs, specifically fentanyl and sufentanil. These drugs are potent opioids used for pain management, and the invention aims to enhance their delivery through the skin using electrotransport technology[4].
Claims Structure
The patent includes a series of claims that define the scope of the invention. Here’s a breakdown of the types of claims typically found in such patents:
Independent Claims
Independent claims are standalone claims that define the invention without reference to other claims. In the case of US 6,881,208, these claims outline the core aspects of the electrotransport device and the method of drug delivery. For example, Claim 1 might describe the overall device, while Claim 2 could detail the specific method of electrotransport.
Dependent Claims
Dependent claims build upon the independent claims, adding additional features or limitations. These claims help to narrow down the invention and provide further specificity. For instance, a dependent claim might specify the type of electrode used or the particular configuration of the device.
Strategic Claim Management
Effective claim management is crucial for maximizing the value of a patent. As highlighted by Neil Kardos, the strategic composition and management of claims can significantly enhance a patent’s effectiveness and its potential to protect innovative technology comprehensively. This involves ensuring that the patent utilizes its full quota of claims, typically up to 20 claims in the United States, without incurring additional costs[2].
Patent Scope and Metrics
The scope of a patent is often debated in terms of its breadth and clarity. Metrics such as independent claim length and independent claim count can be used to measure patent scope. Narrower claims at publication are associated with a higher probability of grant and a shorter examination process than broader claims, as shown in research on patent scope changes during the examination process[3].
Legal Status and Expiration
The patent US 6,881,208 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 technology described in the patent is now in the public domain.
Implications of Expiration
The expiration of a patent has significant implications for both the original inventor and other stakeholders. Once a patent expires, the technology it describes can be freely used, modified, and commercialized by anyone. This can lead to increased competition and innovation in the field, as other companies can now develop similar products without fear of infringement.
False Patent Claims and Legal Consequences
It is important for businesses to be cautious when making claims about the patented status of their products. Falsely claiming that a product or feature is patented can lead to violations under the Lanham Act, as seen in the Federal Circuit ruling in Crocs, Inc. v. Effervescent, Inc.. Such misrepresentations can mislead consumers and damage competitors, leading to actionable misleading advertising claims[5].
Industry Impact and Future Developments
The technology described in US 6,881,208 has contributed to advancements in transdermal drug delivery systems. With the patent now expired, other companies can build upon this technology, potentially leading to new innovations and improvements in pain management treatments.
Comparison with Other Patents
Other patents, such as the Canadian patent application CA 2656086 for transdermal electrotransport delivery of lofentanil and carfentanil, highlight the ongoing research and development in this field. These patents demonstrate the continuous effort to improve drug delivery systems and expand the range of drugs that can be administered transdermally[1].
Key Takeaways
- Patent Scope and Claims: The patent US 6,881,208 includes independent and dependent claims that define the electrotransport device and method for delivering fentanyl and sufentanil.
- Strategic Claim Management: Effective claim management is crucial for maximizing patent value and protecting innovative technology.
- Legal Status: The patent has expired, making the technology public domain.
- Industry Impact: The expiration allows for increased competition and innovation in transdermal drug delivery systems.
- Legal Consequences: False patent claims can lead to Lanham Act violations and mislead consumers.
Frequently Asked Questions
Q: What is the main invention described in US 6,881,208?
A: The main invention is a method and device for the transdermal electrotransport delivery of fentanyl and sufentanil.
Q: What are the implications of the patent's expiration?
A: The expiration means that the technology is now in the public domain, allowing anyone to use, modify, and commercialize it without fear of infringement.
Q: How important is strategic claim management in patent filings?
A: Strategic claim management is crucial for maximizing the value of a patent by ensuring that the patent utilizes its full quota of claims and provides robust protection for the invention.
Q: What are the potential legal consequences of making false patent claims?
A: Making false patent claims can lead to violations under the Lanham Act, resulting in actionable misleading advertising claims.
Q: How does the scope of a patent affect its value and effectiveness?
A: The scope of a patent, measured by metrics such as independent claim length and count, can affect its value and effectiveness by influencing its breadth, clarity, and the probability of grant during the examination process.
Cited Sources:
- Canadian Patents Database - Methods and Devices for Transdermal Electotransport Delivery of Lofentanil and Carfentanil.
- Harrity LLP - Maximizing Patent Value: A Strategic Approach to Claim Management.
- SSRN - Patent Claims and Patent Scope.
- Google Patents - Method and device for transdermal electrotransport delivery of fentanyl and sufentanil.
- Buchanan Ingersoll & Rooney PC - Federal Circuit Ruling: False Patent Claims Can Lead to Lanham Act Violations.
