Patent landscape, scope, and claims: |
United States Patent 7,141,593: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 7,141,593, titled "Pharmaceutical Formulations," was granted on November 28, 2006, to inventors Laman Alani and Soumojeet Ghosh, and assigned to Abbott Laboratories. This patent is significant in the context of pharmaceutical formulations, particularly those related to the treatment of HIV.
Background and Context
The patent is part of a broader landscape of pharmaceutical innovations, especially in the field of antiretroviral therapies. HIV protease inhibitors, such as those described in this patent, have been crucial in the treatment of HIV infection since their approval in the late 1990s[1].
Inventors and Assignee
The inventors, Laman Alani and Soumojeet Ghosh, are credited with developing specific pharmaceutical formulations that are the subject of this patent. Abbott Laboratories, a major pharmaceutical company, is the assignee of this patent, reflecting its significant investment in HIV treatment research and development[1].
Claims Overview
The patent includes multiple claims that define the scope of the invention. Here are some key aspects:
Independent Claims
- The patent includes independent claims that describe the pharmaceutical formulations in detail. These claims specify the composition, method of preparation, and the active ingredients involved, such as HIV protease inhibitors[1].
Dependent Claims
- Dependent claims further elaborate on the independent claims by specifying particular aspects of the formulations, such as the dosage forms, excipients, and manufacturing processes. These claims help to narrow down the scope and provide additional protection for the invention[1].
Patent Scope Metrics
The scope of a patent can be measured using various metrics, including independent claim length and independent claim count. These metrics are crucial in assessing the breadth and clarity of the patent claims. For instance, narrower claims at publication are associated with a higher probability of grant and a shorter examination process than broader claims[3].
Claim Language and Dependency
The claim language in Patent 7,141,593 is detailed and specific, ensuring that the scope of the invention is well-defined. The dependency relationship between claims is also important, as it helps in understanding how different aspects of the invention are interconnected and protected[2].
Patent Landscape
The patent landscape for HIV protease inhibitors is complex and involves multiple patent families. Here are some key points:
Technology Timeline
- The technology timeline for HIV protease inhibitors, including Ritonavir (a related compound), shows a series of patent filings and grants starting from the early 1990s. This timeline highlights the continuous innovation and improvement in these pharmaceutical formulations[4].
Patent Families
- The patent families related to HIV protease inhibitors include patents covering the compound itself, derivatives, combinations, methods of production, and pharmaceutical compositions. This extensive coverage reflects the comprehensive protection sought by pharmaceutical companies to safeguard their inventions[4].
Protection and Litigation
- The patent landscape is also marked by litigation, as seen in the case of AbbVie vs. Mylan, where multiple patents, including 7,141,593, were involved in infringement claims. This highlights the importance of patent protection in the pharmaceutical industry and the potential for legal disputes over intellectual property rights[5].
Economic and Innovation Impact
The granting of patents like 7,141,593 has significant economic and innovation implications:
Innovation Incentives
- Patents provide incentives for innovation by offering exclusive rights to the inventors, which can lead to further research and development in the field. However, overly broad patents can increase licensing and litigation costs, potentially diminishing these incentives[3].
Market Competition
- The patent landscape influences market competition by determining which companies can produce and market specific pharmaceutical formulations. This can affect the availability and pricing of these drugs, ultimately impacting public health[4].
Statistical Analysis and Trends
Statistical analysis of patent claims and scope can provide insights into trends and patterns in the pharmaceutical industry:
Patent Maintenance Payments
- Patents with narrower claims tend to have higher maintenance payments, indicating their value and the likelihood of their being maintained over time[3].
Forward Citations
- The number of forward citations can indicate the impact and influence of a patent on subsequent innovations. Patents with higher forward citations are generally considered more significant and influential[3].
Case Study: AbbVie vs. Mylan
The litigation between AbbVie and Mylan involving several HIV protease inhibitor patents, including 7,141,593, highlights the complexities of patent disputes in the pharmaceutical industry. This case involved multiple claims and counterclaims, ultimately leading to the dismissal of some patents and the continuation of others in litigation[5].
Key Takeaways
- Specific Claims: The patent includes detailed and specific claims that define the pharmaceutical formulations and their preparation methods.
- Patent Scope: The scope of the patent is measured using metrics such as independent claim length and count, which influence the patent's breadth and clarity.
- Patent Landscape: The patent landscape for HIV protease inhibitors is complex, involving multiple patent families and litigation over intellectual property rights.
- Economic Impact: Patents like 7,141,593 have significant economic implications, influencing innovation incentives and market competition.
- Statistical Trends: Statistical analysis of patent claims and scope provides insights into trends and patterns in the pharmaceutical industry.
FAQs
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What is the main subject of United States Patent 7,141,593?
- The main subject of this patent is pharmaceutical formulations, specifically those related to HIV protease inhibitors.
-
Who are the inventors of this patent?
- The inventors are Laman Alani and Soumojeet Ghosh.
-
What company is assigned this patent?
- Abbott Laboratories is the assignee of this patent.
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How is the scope of a patent measured?
- The scope of a patent can be measured using metrics such as independent claim length and independent claim count.
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What is the significance of the patent landscape for HIV protease inhibitors?
- The patent landscape is complex and involves multiple patent families, reflecting continuous innovation and protection in the field of HIV treatment.
Cited Sources
- United States Patent and Trademark Office. US007141593B1: Pharmaceutical Formulations. November 28, 2006.
- United States Patent and Trademark Office. Patent Claims Research Dataset. August 28, 2017.
- Marco, Alan C., Sarnoff, Joshua D., and deGrazia, Charles. Patent Claims and Patent Scope. SSRN, October 2016.
- World Intellectual Property Organization. Patent Landscape Report on Ritonavir. October 28, 2011.
- Justia. MEMORANDUM OPINION providing claim constructions. January 9, 2014.
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