United States Patent 7,064,148: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 7,064,148, titled "Chloride channel opener," is a significant patent in the field of pharmaceuticals, particularly focusing on the use of prostaglandin compounds. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Invention Overview
The patent, granted to Sucampo Pharmaceuticals, Inc., discloses a novel use of a prostaglandin compound as a chloride channel opener. Chloride channel openers are therapeutic agents that facilitate the opening of chloride channels in cells, which can have various medical applications, including the treatment of gastrointestinal disorders such as constipation[2].
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific aspects of the invention that are protected. Here, the claims focus on the use of prostaglandin compounds, specifically lubiprostone, as chloride channel openers. This scope includes the method of using these compounds to treat conditions associated with the dysfunction of chloride channels.
Claims Analysis
The claims of the patent are crucial as they define the boundaries of the invention. Here are some key points:
- Independent Claims: These claims stand alone and define the core of the invention. For example, Claim 1 might specify the use of a particular prostaglandin compound as a chloride channel opener.
- Dependent Claims: These claims build upon the independent claims and provide additional details or limitations. For instance, a dependent claim might specify the dosage or the method of administration of the prostaglandin compound.
- Method Claims: These claims cover the methods of using the prostaglandin compounds to achieve the desired therapeutic effect.
- Composition Claims: These claims cover the specific compositions that include the prostaglandin compounds as active ingredients[2].
Patent Claims Research Dataset
For a deeper analysis, the USPTO's Patent Claims Research Dataset can be useful. This dataset provides detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014. It includes claim-level statistics and document-level statistics, which can help in understanding the scope and breadth of the patent claims[3].
Patent Landscape
The patent landscape surrounding U.S. Patent 7,064,148 involves several key aspects:
Related Patents and Applications
- Other patents related to chloride channel openers or prostaglandin compounds can provide insight into the competitive landscape. For example, patents from other pharmaceutical companies working on similar therapeutic agents can indicate the level of innovation and competition in this field.
- International patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can be searched to see if similar inventions have been patented abroad[1].
Global Dossier
The Global Dossier service provided by the USPTO allows users to see the patent family for a specific application, including all related applications filed at participating IP Offices. This can help in understanding the global reach and protection of the invention[1].
Common Citation Document (CCD)
The CCD application consolidates prior art cited by all participating offices for the family members of a patent application. This tool can help in identifying any overlapping or conflicting prior art that might affect the validity or scope of the patent[1].
Commercial and Market Impact
The commercial success of a patent like U.S. Patent 7,064,148 can be significant. For instance, lubiprostone, the drug developed based on this patent, has been marketed under the brand name Amitiza and has generated substantial revenue for Sucampo Pharmaceuticals and its successors. The financial reports of the company reflect the impact of this drug on their revenue streams[4].
Regulatory and Legal Considerations
- Patent Assignments and Ownership: Changes in ownership or assignments of the patent can affect its enforcement and commercialization. The Patent Assignment Search tool provided by the USPTO can help track these changes[1].
- Office Actions and Examinations: The Patent Examination Data System (PEDS) provides insights into the examination process, including office actions and other relevant data that can influence the patent's validity and scope[1].
Technological and Scientific Advancements
The field of chloride channel openers is continuously evolving with new research and technological advancements. Keeping abreast of these developments through scientific literature and patent filings can help in understanding the future directions and potential challenges for this patent.
Conclusion
U.S. Patent 7,064,148 is a pivotal patent in the pharmaceutical industry, particularly in the treatment of gastrointestinal disorders. Understanding its scope, claims, and the broader patent landscape is crucial for both legal and commercial purposes. The tools and resources provided by the USPTO, along with international patent databases, offer a comprehensive view of the invention's protection and its place within the global intellectual property ecosystem.
Key Takeaways
- Scope and Claims: The patent focuses on the use of prostaglandin compounds as chloride channel openers, with specific claims defining the method of use and composition.
- Patent Landscape: The patent is part of a larger landscape that includes related patents, global dossier, and common citation documents.
- Commercial Impact: The patent has significant commercial value, as evidenced by the revenue generated from the drug Amitiza.
- Regulatory Considerations: Changes in ownership and office actions can impact the patent's validity and enforcement.
- Technological Advancements: Continuous monitoring of scientific and technological advancements is necessary to understand the patent's future relevance.
Frequently Asked Questions (FAQs)
What is the main invention disclosed in U.S. Patent 7,064,148?
The main invention is the use of a prostaglandin compound as a chloride channel opener.
How can I search for related patents and applications?
You can use the USPTO's Patent Public Search tool, Global Dossier, and international patent databases like those from the EPO, JPO, and WIPO.
What is the commercial significance of this patent?
The patent has led to the development of the drug Amitiza, which has generated substantial revenue for the patent holders.
How can I track changes in patent ownership or assignments?
You can use the Patent Assignment Search tool provided by the USPTO.
What resources are available for analyzing patent claims in detail?
The USPTO's Patent Claims Research Dataset and other tools like PEDS can provide detailed information on claims and their statistics.
Cited Sources:
- USPTO - Search for patents https://www.uspto.gov/patents/search
- Drugs covered by patent 7,064,148 https://www.drugpatentwatch.com/p/patent/7064148
- Patent Claims Research Dataset - USPTO https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- SUCAMPO PHARMACEUTICALS, INC. https://ir.mallinckrodt.com/static-files/01618a21-cf5b-47db-a8e4-8e2aa1c7f0c4
