United States Patent 6,974,590: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 6,974,590, titled "Sublingual buccal effervescent," is a pharmaceutical patent that describes a novel dosage form designed for the buccal, sublingual, or gingival absorption of medicaments. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication and Status
The patent was published on December 13, 2005, and has since expired due to the completion of its lifetime[2].
Inventors and Assignees
The patent was filed by the inventors associated with the assignee, who is responsible for the development and commercialization of the pharmaceutical dosage form.
Scope of the Patent
Invention Description
The patent describes a pharmaceutical dosage form that is adapted to supply a medicament to the oral cavity. This form is designed for buccal, sublingual, or gingival absorption, which allows the medicament to be absorbed directly into the bloodstream through the mucous membranes of the mouth. This method of delivery can provide rapid onset of action and avoid first-pass metabolism, which can enhance the efficacy of the medication[2][5].
Key Components
- Effervescent Dosage Form: The patent highlights the use of an effervescent system, which involves the release of carbon dioxide gas when the dosage form comes into contact with saliva. This effervescence helps in the rapid dissolution and absorption of the medicament.
- Medicament: The patent specifically mentions the use of fentanyl, a potent opioid analgesic, as an example of the medicament that can be delivered through this dosage form[2].
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically outline the essential features of the dosage form, such as:
- The composition of the effervescent system.
- The method of preparing the dosage form.
- The specific medicaments that can be used.
- The anatomical sites for absorption (buccal, sublingual, or gingival)[2].
Dependent Claims
Dependent claims further specify and narrow down the scope of the independent claims. For example, they might detail specific ingredients, their proportions, and the manufacturing process.
Metrics for Measuring Patent Scope
Independent Claim Length and Count
Research suggests that the scope of a patent can be measured using metrics such as independent claim length and independent claim count. Patents with narrower claims (shorter length and fewer claims) tend to have a higher probability of grant and a shorter examination process compared to those with broader claims[3].
Application to US6974590B2
In the case of US6974590B2, the independent claims are relatively detailed, specifying the effervescent system, the medicament, and the method of absorption. This specificity suggests that the patent scope is well-defined and not overly broad, which aligns with the principles of maintaining patent quality.
Patent Landscape
Prior Art and Citations
The patent landscape for US6974590B2 includes a review of prior art related to pharmaceutical dosage forms and effervescent systems. The patent cites several prior art references that describe similar or related inventions, highlighting the novelty and non-obviousness of the current invention[2].
International Patent Offices
To ensure global protection, it is essential to search and analyze patents from international offices. Resources such as the European Patent Office's Espacenet, the Japan Patent Office, and the World Intellectual Property Organization's PATENTSCOPE can provide insights into similar patents filed in other jurisdictions[4].
Common Citation Document (CCD)
The Common Citation Document (CCD) application consolidates prior art cited by multiple offices for the same patent family, facilitating a comprehensive analysis of the global patent landscape. This tool can help in identifying potential overlaps or conflicts with other patents[4].
Search and Analysis Tools
USPTO Resources
The United States Patent and Trademark Office (USPTO) provides several tools for searching and analyzing patents, including the Patent Public Search tool, Global Dossier, and the Patent and Trademark Resource Centers (PTRCs). These resources can help in conducting a thorough search of prior art and understanding the patent landscape[4].
Public Search Facility
The USPTO Public Search Facility in Alexandria, VA, offers access to patent and trademark information in various formats, including online, microfilm, and print. Trained staff are available to assist in patent search techniques[4].
Key Takeaways
- Novel Dosage Form: The patent introduces a novel effervescent dosage form for buccal, sublingual, or gingival absorption.
- Specific Claims: The patent includes detailed independent and dependent claims that define the scope of the invention.
- Metrics for Scope: The patent's scope can be measured using metrics like independent claim length and count, indicating a well-defined and not overly broad scope.
- Global Landscape: A thorough analysis involves searching international patent offices and using tools like the CCD to understand the global patent landscape.
FAQs
What is the primary purpose of the dosage form described in US6974590B2?
The primary purpose is to supply a medicament to the oral cavity for buccal, sublingual, or gingival absorption, enhancing the efficacy and onset of action of the medication.
Which medicament is specifically mentioned in the patent?
The patent specifically mentions fentanyl, a potent opioid analgesic, as an example of the medicament that can be delivered through this dosage form.
How can the scope of a patent be measured?
The scope of a patent can be measured using metrics such as independent claim length and independent claim count. Narrower claims are associated with a higher probability of grant and a shorter examination process.
What tools are available for searching and analyzing patents?
Tools include the USPTO's Patent Public Search, Global Dossier, Public Search Facility, and resources from international patent offices like the European Patent Office's Espacenet and the World Intellectual Property Organization's PATENTSCOPE.
Why is it important to analyze the global patent landscape?
Analyzing the global patent landscape helps in identifying potential overlaps or conflicts with other patents, ensuring that the invention is novel and non-obvious on a global scale.
Sources
- NYPL Libguides: How to Search for an Historical U.S. Patent.
- Google Patents: US6974590B2 - Sublingual buccal effervescent.
- SSRN: Patent Claims and Patent Scope.
- USPTO: Search for patents.
- PubChem: Sublingual buccal effervescent - Patent US-6974590-B2.
