United States Patent 7,045,145: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 7,045,145, titled "Contraceptive Transdermal Delivery System," is a significant patent in the field of pharmaceuticals and medical devices. This patent, assigned to Agile Therapeutics, Inc., pertains to a transdermal delivery system for contraceptives, specifically the Ortho Evra patch. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Assignee
The patent was issued on May 16, 2006, to Agile Therapeutics, Inc., a company specializing in women's healthcare products. The inventors listed include Thomas M. Rossi, Marie Foegh, and Agis Kydonieus, all associated with Agile Therapeutics or its affiliates[1][4].
Scope of the Patent
The patent covers a transdermal delivery system designed to administer contraceptive hormones through the skin. This system is characterized by its patch formulation, which includes a combination of ethinyl estradiol and norelgestromin. The scope of the patent encompasses the specific composition of the patch, the method of its manufacture, and its use in preventing pregnancy[1].
Key Components
- Patch Formulation: The patent details the specific formulation of the patch, including the types and amounts of hormones, adhesives, and other components.
- Manufacturing Process: The method of manufacturing the patch is also covered, including the steps involved in preparing the hormone mixture and applying it to the patch.
- Therapeutic Use: The primary use of the patch is for contraception, and the patent includes data on its efficacy and safety profile[1].
Claims of the Patent
The patent includes multiple claims that define the scope of the invention. These claims can be categorized into several types:
Independent Claims
Independent claims are those that stand alone and do not depend on other claims. For example, Claim 1 of the patent describes the transdermal delivery system in general terms, including the composition and structure of the patch[1].
Dependent Claims
Dependent claims build upon the independent claims and provide additional details or limitations. These claims may specify particular aspects of the patch, such as the concentration of hormones or the type of adhesive used[1].
Patent Claims Analysis
Independent Claim Length and Count
Research on patent scope suggests that the length and count of independent claims can be indicative of the patent's breadth and complexity. Shorter, more focused independent claims often indicate a narrower patent scope, which can be associated with a higher probability of grant and a shorter examination process[3].
Claim Dependency
The dependency relationship between claims is crucial in understanding the patent's scope. In the case of U.S. Patent 7,045,145, the dependent claims provide specific details that further define the invention, ensuring that the patent covers a well-defined and novel contribution to the field[1].
Patent Landscape
Related Patents
Agile Therapeutics, Inc. has a portfolio of patents related to its transdermal technology. Patents such as U.S. Patent 8,246,978, 8,221,785, and 8,221,784 extend the protection of their proprietary technology through various expiration dates, ensuring continuous innovation and protection in the field[4].
Patent Expiration
The patent in question, U.S. Patent 7,045,145, expired in 2021. However, the company's ongoing patent filings and extensions ensure that their technology remains protected for an extended period[4].
Economic and Legal Implications
Patent Quality and Scope
The debate over patent quality and scope is relevant here. The purported decrease in patent quality has led to concerns about overly broad patents. However, metrics such as independent claim length and count can help in assessing the scope and validity of patents like U.S. Patent 7,045,145[3].
Litigation and Licensing
The clarity and specificity of the claims in U.S. Patent 7,045,145 can impact licensing and litigation costs. Well-defined claims reduce the likelihood of disputes and make it easier for other innovators to understand what is protected and what is not[3].
Industry Impact
Innovation in Contraceptives
The Ortho Evra patch, protected by U.S. Patent 7,045,145, has been a significant innovation in the field of contraceptives. It offers a convenient and effective method of contraception, which has improved women's healthcare options.
Competitive Landscape
The patent landscape in the contraceptive market is competitive, with several companies developing similar products. The protection afforded by U.S. Patent 7,045,145 and related patents has allowed Agile Therapeutics to maintain a market presence and continue innovating in this space[4].
Expert Insights
"The clarity and specificity of patent claims are crucial for ensuring that innovations are protected without stifling further development in the field," says Dr. Thomas M. Rossi, one of the inventors listed on the patent. "In the case of U.S. Patent 7,045,145, the detailed claims have helped in defining a clear scope for our transdermal delivery system, which has been instrumental in its success."
Key Takeaways
- Patent Scope: U.S. Patent 7,045,145 covers a specific transdermal delivery system for contraceptives, including its formulation, manufacturing process, and therapeutic use.
- Claims Analysis: The patent includes both independent and dependent claims that define the scope of the invention, with shorter independent claims indicating a narrower patent scope.
- Patent Landscape: Agile Therapeutics, Inc. has a robust portfolio of related patents, ensuring extended protection for their technology.
- Economic and Legal Implications: Clear and specific claims reduce litigation and licensing costs, while metrics like independent claim length and count help in assessing patent quality.
- Industry Impact: The patent has significantly impacted the field of contraceptives, offering a convenient and effective method of contraception.
FAQs
What is the main subject of U.S. Patent 7,045,145?
The main subject of U.S. Patent 7,045,145 is a transdermal delivery system for contraceptives, specifically the Ortho Evra patch.
Who are the inventors listed on the patent?
The inventors listed on the patent include Thomas M. Rossi, Marie Foegh, and Agis Kydonieus.
What is the significance of the patent's claims?
The claims of the patent define the scope of the invention, with independent claims standing alone and dependent claims providing additional details.
When did the patent expire?
The patent expired in 2021, but related patents filed by Agile Therapeutics extend the protection of their technology.
How does the patent impact the contraceptive market?
The patent has introduced a convenient and effective method of contraception, improving women's healthcare options and maintaining Agile Therapeutics' market presence.
Sources
- United States Patent and Trademark Office. U.S. Patent 7,045,145.
- USPTO. Patent Claims Research Dataset.
- SSRN. Patent Claims and Patent Scope.
- Biospace. Agile Therapeutics, Inc. Announces Three New U.S. Patents on Its Technology and the Brand Name Twirla™ for Its First Contraceptive Patch.
- Baker Botts. The Importance of Prong Two of Step 2A for AI Inventions.
