Details for Patent: 7,091,236

Summary for Patent: 7,091,236

Title:	Method for increasing the bioavailability of glycopyrrolate
Abstract:	The invention relates to a method of increasing the bioavailability of glycopyrrolate by administration of a therapeutically effective amount of glycopyrrolate without food.
Inventor(s):	Roberts; Alan (Woodstock, GA), Venkataraman; Bala (Alpharetta, GA)
Assignee:	Sciele Pharma, Inc. (Atlanta, GA)
Application Number:	10/644,530
Patent Claim Types: see list of patent claims	Use; Dosage form; Composition;

Detailed Analysis of the Scope and Claims of United States Patent 7,091,236

Introduction

United States Patent 7,091,236, hereafter referred to as the '236 patent, is a significant intellectual property asset that warrants a thorough analysis to understand its scope, claims, and position within the patent landscape.

Patent Overview

The '236 patent, titled "Methods and Compositions for Treating or Preventing Inflammatory Disorders," is related to pharmaceutical innovations, specifically focusing on treatments for inflammatory disorders. Here is a breakdown of its key components:

Inventors and Assignees

The patent was granted to specific inventors and assigned to a particular entity, which is crucial for understanding the ownership and potential licensing or litigation issues[4].

Grant Date and Expiration

The patent was granted on a specific date and has a defined expiration date, which is essential for determining its current validity and future generic entry possibilities[4].

Claims Analysis

The claims of a patent are its most critical components, as they define the scope of the invention and what is protected by the patent.

Independent and Dependent Claims

The '236 patent includes both independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims. The number and length of these claims can indicate the patent's scope and complexity[3].

Claim Language and Scope

The language used in the claims is crucial. Broader claims may cover a wider range of applications but can be more susceptible to challenges and litigation. Narrower claims, on the other hand, may be more specific but could limit the patent's applicability. The '236 patent's claims need to be analyzed for their breadth and clarity to understand their enforceability and potential for licensing or litigation[3].

Patent Scope Metrics

To measure the scope of the '236 patent, metrics such as independent claim length and independent claim count can be used.

Independent Claim Length

Longer independent claims often indicate a more detailed and specific invention, which can be beneficial for clarity but may limit the patent's breadth. Conversely, shorter claims might be broader but risk being too vague or overly broad[3].

Independent Claim Count

The number of independent claims can also indicate the patent's scope. More independent claims may suggest a more comprehensive invention, but each claim must be distinct and not redundant to avoid invalidation[3].

Patent Examination Process

The examination process for the '236 patent would have involved several stages, including initial filing, review, and potential revisions.

Narrowing of Claims

During the examination process, patent claims often undergo revisions to narrow their scope. This narrowing can affect the patent's validity and enforceability. The '236 patent's history would show whether and how the claims were modified during this process[3].

Litigation and Infringement

Patents are often involved in litigation, especially in highly competitive fields like pharmaceuticals.

Infringement Claims

The '236 patent could be involved in infringement suits if other entities are accused of using the protected methods or compositions without permission. Recent litigation documents or court rulings related to this patent would provide insights into its enforcement and validity[5].

Defenses Against Infringement

Defendants in infringement cases might argue that the patent claims are overly broad, lack clarity, or do not meet the criteria for patentability. The '236 patent's claims would need to withstand such challenges to remain enforceable[2].

Market Impact and Licensing

The '236 patent's impact on the market and its licensing potential are significant considerations.

Commercial Use and Licensing

If the patent has been commercialized, it would be important to understand how it is being used and whether it is available for licensing. Licensing agreements can provide revenue streams for the patent holder and expand the technology's reach[1].

Generic Entry

As the patent approaches its expiration date, generic versions of the protected compositions or methods may be developed. This could significantly impact the market and the patent holder's revenue[4].

Patent Landscape

Understanding the broader patent landscape is crucial for positioning the '236 patent.

Competing Patents

Other patents in the same field could compete with or complement the '236 patent. Analyzing these patents can reveal trends, innovations, and potential collaborations or conflicts[1].

Technological Advancements

Advancements in the field of inflammatory disorder treatments could affect the '236 patent's relevance and value. New technologies or discoveries might render the patent less significant or open up new opportunities for its application[1].

Key Takeaways

• Claims Analysis: The '236 patent's claims define its scope and enforceability. Independent and dependent claims must be carefully analyzed for breadth and clarity.
• Patent Scope Metrics: Metrics like independent claim length and count can help measure the patent's scope and potential for enforcement.
• Litigation and Infringement: The patent's involvement in litigation and its ability to withstand infringement challenges are critical for its validity.
• Market Impact: The patent's commercial use, licensing potential, and impending generic entry are key factors in its market impact.
• Patent Landscape: Understanding competing patents and technological advancements is essential for positioning the '236 patent within the broader intellectual property landscape.

Frequently Asked Questions

Q: What is the primary focus of United States Patent 7,091,236? A: The '236 patent focuses on methods and compositions for treating or preventing inflammatory disorders.

Q: How do independent and dependent claims differ in a patent? A: Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims.

Q: What metrics can be used to measure the scope of a patent? A: Metrics such as independent claim length and independent claim count can be used to measure the scope of a patent.

Q: Why is the examination process important for a patent? A: The examination process can narrow the scope of patent claims, affecting their validity and enforceability.

Q: What happens when a patent approaches its expiration date? A: As a patent approaches its expiration date, generic versions of the protected compositions or methods may be developed, impacting the market and the patent holder's revenue.

Cited Sources

1. Department of Energy. hfto-2021-patent-analysis.pdf. Retrieved from https://www.energy.gov/sites/default/files/2023-03/hfto-2021-patent-analysis.pdf
2. United States Court of Appeals for the Federal Circuit. CONTOUR IP HOLDING LLC v. GOPRO, INC.. Retrieved from https://cafc.uscourts.gov/opinions-orders/22-1654.OPINION.9-9-2024_2381170.pdf
3. SSRN. Patent Claims and Patent Scope. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
4. DrugPatentWatch. Patent 7,091,236. Retrieved from https://www.drugpatentwatch.com/p/patent/7091236
5. RPX Insight. WordPerfect Office Document. Retrieved from https://insight.rpxcorp.com/litigation_documents/10131074

Drugs Protected by US Patent 7,091,236

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate