Understanding the Scope and Claims of United States Patent 7,081,249
Introduction
United States Patent 7,081,249, titled "Compositions and methods for minimizing adverse drug experiences associated with oxybutynin therapy," is a significant patent in the pharmaceutical industry. This patent, assigned to Watson Laboratories, Inc., addresses a critical issue in medication management, particularly for patients undergoing oxybutynin therapy.
Patent Overview
- Inventors: Steven W. Sanders and Charles D. Ebert, both from Salt Lake City, UT[1].
- Assignee: Watson Laboratories, Inc., Salt Lake City, UT[1].
- Application Number: 10/731,039[1].
- Publication Date: July 25, 2006[5].
Patent Claims
The patent includes various claims that define the scope of the invention. Here are the key types of claims:
Use Claims
These claims specify the intended use of the compositions and methods described in the patent. They focus on minimizing adverse drug experiences associated with oxybutynin therapy, which is commonly used to treat overactive bladder and other urinary disorders[2].
Composition Claims
These claims detail the specific formulations and compositions that are designed to reduce side effects. The patent describes various formulations that can be used to deliver oxybutynin in a way that minimizes adverse effects, such as dry mouth, constipation, and drowsiness[2].
Patent Scope
The scope of the patent is crucial in understanding its impact and the protection it offers.
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. Narrower claims, as measured by independent claim length and count, are often associated with a higher probability of grant and a shorter examination process[3].
Geographical Scope
The patent has international implications, with corresponding patents in several countries, including Austria, Australia, and others. Each of these patents has its own estimated expiration dates and may include supplementary protection certificates (SPCs) that extend the patent term[1].
Patent Landscape
International Patents
The patent has been filed in multiple jurisdictions, reflecting its global significance. For instance, in Austria, the patent number is 488233, and in Australia, there are multiple patent numbers such as 2001253782 and 2003287377[1].
Supplementary Protection Certificates (SPCs)
SPCs can extend the life of a patent beyond its normal expiration date, providing additional protection for the invention. The SPCs for this patent vary by country and are an important aspect of its global patent landscape[1].
Legal and Regulatory Aspects
PTAB Cases
The patent has been involved in various legal proceedings, including cases before the Patent Trial and Appeal Board (PTAB). These cases can impact the validity and scope of the patent claims[2].
Patent Expiration
Understanding the expiration dates of the patent and its international counterparts is crucial for generic entry and competition. The patent's expiration date can vary depending on the jurisdiction and any SPCs that may be in place[1].
Impact on Pharmaceutical Industry
Minimizing Adverse Drug Experiences
The patent addresses a significant issue in pharmaceuticals by providing compositions and methods that reduce the side effects associated with oxybutynin therapy. This can improve patient compliance and overall treatment outcomes[2].
Innovation and Competition
The patent's scope and claims influence innovation and competition in the pharmaceutical industry. By protecting specific formulations and methods, the patent can limit the entry of generic competitors until its expiration[3].
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 Examination Data System (PEDS). These resources can help in understanding the patent's scope and claims in detail[4].
International Databases
For a comprehensive view, one can also use international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[4].
Key Takeaways
- Patent Scope and Claims: The patent includes use and composition claims that focus on minimizing adverse drug experiences associated with oxybutynin therapy.
- Geographical Scope: The patent has international filings with varying expiration dates and SPCs.
- Legal and Regulatory Aspects: The patent has been involved in PTAB cases and its expiration dates are critical for generic entry.
- Impact on Industry: The patent improves patient outcomes by reducing side effects and influences innovation and competition.
- Search and Analysis Tools: Various USPTO and international tools are available for detailed analysis.
FAQs
Q: What is the main focus of United States Patent 7,081,249?
A: The main focus is on compositions and methods for minimizing adverse drug experiences associated with oxybutynin therapy.
Q: Who are the inventors of this patent?
A: The inventors are Steven W. Sanders and Charles D. Ebert.
Q: What is the assignee of this patent?
A: The assignee is Watson Laboratories, Inc.
Q: How can one determine the scope of a patent like 7,081,249?
A: The scope can be determined by analyzing the independent claim length and count, as well as the geographical scope and legal proceedings.
Q: What tools are available for searching and analyzing this patent?
A: Tools include the USPTO's Patent Public Search, Global Dossier, PEDS, and international patent databases like those from EPO, JPO, and WIPO.
Sources
- Drug Patent Watch: Summary for Patent: 7,081,249.
- Law360: U.S. Patent Number 7,081,249.
- SSRN: Patent Claims and Patent Scope.
- USPTO: Search for patents.
- Unified Patents: AT-488233-T.
