Analyzing the Scope and Claims of United States Patent 6,958,326
Introduction
Understanding the scope and claims of a patent is crucial for inventors, businesses, and legal professionals. This article will delve into the details of United States Patent 6,958,326, focusing on its claims, scope, and the broader patent landscape.
Patent Overview
United States Patent 6,958,326, titled "Cyclodextrin-drospirenone Inclusion Complexes," was assigned to Bayer Intellectual Property GmbH. Here is a brief overview of the patent:
- Priority Date: December 20, 2000
- Title: Cyclodextrin-drospirenone Inclusion Complexes
- Related International Patent: WO-2002049674-A1[5].
Claims Analysis
Independent and Dependent Claims
The patent includes a set of claims that define the scope of the invention. These claims can be categorized into independent and dependent claims.
- Independent Claims: These claims stand alone and define the invention without reference to other claims. For example, Claim 1 might describe the composition of the cyclodextrin-drospirenone inclusion complex.
- Dependent Claims: These claims refer back to and further limit the independent claims. For instance, Claim 2 might specify a particular type of cyclodextrin used in the complex.
Claim Construction
The construction of claims is critical as it determines the breadth of protection afforded by the patent. Claims must be clear, concise, and definite to avoid ambiguity and potential litigation issues.
Claim Scope
The scope of the claims in Patent 6,958,326 would typically include:
- The specific composition of the cyclodextrin-drospirenone inclusion complex.
- The method of preparing the complex.
- Any specific uses or applications of the complex, such as in pharmaceutical formulations.
Patent Scope and Invention
Invention Description
The patent describes the invention of cyclodextrin-drospirenone inclusion complexes. These complexes are designed to improve the solubility and stability of drospirenone, a synthetic progestin used in various pharmaceutical applications.
Technical Field
The technical field of this patent is pharmaceutical formulations, specifically the use of cyclodextrins to enhance the properties of active pharmaceutical ingredients (APIs).
Background of the Invention
The background section of the patent would typically discuss the existing problems with drospirenone, such as its poor solubility, and how the invention addresses these issues through the formation of inclusion complexes with cyclodextrins.
Patent Landscape
Related Patents
To understand the patent landscape, it is essential to identify related patents and applications. This can be done using databases such as the USPTO's Patent Public Search, the European Patent Office's esp@cenet, and WIPO's PATENTSCOPE[1][4].
- Family Members: The patent family includes international applications like WO-2002049674-A1, which provides a global perspective on the invention.
- Citations and References: Analyzing the citations and references listed in the patent can reveal other relevant inventions and prior art in the field.
Competitors and Market Impact
Identifying competitors and understanding the market impact of the patent is crucial. This involves looking at other companies or inventors working on similar technologies and assessing how this patent might influence the market.
Legal Considerations
Validity and Enforcement
The validity of the patent claims can be challenged through various legal mechanisms, such as obviousness-type double patenting or lack of written description. For example, the case of Allergan USA, Inc. v. MSN Laboratories Private Ltd. highlights the complexities of double patenting issues[2].
Expiration and Term
The patent term is typically 20 years from the priority date, unless extended by Patent Term Adjustment (PTA) or other mechanisms. Understanding the expiration date is vital for planning future strategies and potential licensing or litigation[2].
Search and Analysis Tools
USPTO Resources
The USPTO provides several tools for searching and analyzing patents, including the Patent Public Search, Global Dossier, and the Patent Examination Data System (PEDS)[4].
- Patent Public Search: This tool allows for comprehensive searching of U.S. patents and published applications.
- Global Dossier: This service provides access to file histories of related applications from participating IP Offices.
International Databases
International databases such as the European Patent Office's esp@cenet and WIPO's PATENTSCOPE offer global perspectives on patent filings and grants[1][4].
Best Practices for Patent Searching
Preliminary Search
Conducting a preliminary patent search is essential to ensure the novelty and non-obviousness of an invention. The USPTO offers a step-by-step strategy and web-based tutorials for this purpose[4].
Classification Systems
Using classification systems like the Cooperative Patent Classification (CPC) can help in identifying relevant prior art and related patents[1].
Key Takeaways
- Claims Analysis: Understanding the independent and dependent claims is crucial for determining the scope of the patent.
- Patent Scope: The invention must be clearly described, and its technical field and background must be understood.
- Patent Landscape: Identifying related patents and competitors is essential for strategic planning.
- Legal Considerations: Validity, enforcement, and expiration dates are critical for legal and business strategies.
- Search Tools: Utilizing USPTO and international databases is vital for comprehensive patent searching.
FAQs
What is the purpose of cyclodextrin-drospirenone inclusion complexes?
The purpose of these complexes is to improve the solubility and stability of drospirenone, enhancing its pharmaceutical applications.
How do I conduct a preliminary patent search?
You can use the USPTO's Patent Public Search tool and follow the step-by-step strategy provided in their web-based tutorials[4].
What is the Cooperative Patent Classification (CPC) system?
The CPC system is a classification scheme used to categorize patents and help in identifying relevant prior art and related patents[1].
How long does a U.S. patent typically last?
A U.S. patent typically lasts for 20 years from the priority date, unless extended by Patent Term Adjustment (PTA) or other mechanisms[2].
What are the benefits of using international patent databases?
International patent databases like PATENTSCOPE and esp@cenet provide access to global patent filings, enabling a broader search for prior art and related inventions[1][4].
Sources
- Clemson University Libraries: Research and Course Guides: Patent Searching, Advanced[1].
- United States Court of Appeals for the Federal Circuit: Allergan USA, Inc. v. MSN Laboratories Private Ltd.[2].
- United States Patent and Trademark Office: Patent Claims Research Dataset[3].
- United States Patent and Trademark Office: Search for Patents[4].
- Unified Patents Portal: FR-2515187-A1 - Cyclodextrin-drospirenone Inclusion Complexes[5].
