Details for Patent: 7,179,483

Summary for Patent: 7,179,483

Title:	Compositions and methods for transdermal oxybutynin therapy
Abstract:	The present invention provides compositions and methods for administering oxybutynin while minimizing the incidence and or severity of adverse drug experiences associated with oxybutynin therapy. In one aspect, these compositions and methods provide a lower plasma concentration of oxybutynin metabolites, such as N-desethyloxybutynin, which is presumed to be contributing at least in part to some of the adverse drug experiences, while maintaining sufficient oxybutynin plasma concentration to benefit a subject with oxybutynin therapy. The invention also provides isomers of oxybutynin and its metabolites that meet these characteristics of minimized incidence and/or severity of adverse drug experiences, and maintenance of beneficial and effective therapy for overactive bladder. In some aspects, the composition may be presented in the form of an unoccluded or free form topically administered gel.
Inventor(s):	Ebert; Charles D. (Salt Lake City, UT), Sanders; Steven W. (Salt Lake City, UT)
Assignee:	Watson Pharmaceuticals, Inc. (Corona, CA)
Application Number:	10/913,019
Patent Claim Types: see list of patent claims	Use; Formulation; Composition;

Understanding the Scope and Claims of United States Patent 7,179,483

Introduction

Patents are a crucial component of intellectual property law, providing inventors with exclusive rights to their inventions. The United States Patent 7,179,483, like any other patent, has a specific scope and set of claims that define its boundaries and protections. Here, we will delve into the details of this patent, exploring its claims, the patent landscape, and the broader implications.

What is a Patent?

Before diving into the specifics of the patent in question, it's essential to understand what a patent is. A patent is a government grant that gives the inventor the right to exclude others from making, using, or selling the invention for a specified period, usually 20 years from the date of filing[1].

The Patent System in the United States

The U.S. Patent and Trademark Office (USPTO) is responsible for granting U.S. patents and registering trademarks. The process involves submitting a patent application that includes detailed descriptions of the invention, drawings, and claims that define the scope of the invention[1].

Determining Inventorship

Inventorship is a critical aspect of patent law. According to U.S. patent law, the true and only inventors must be listed on the patent application. This involves two steps: the conception of the idea and the reduction of the idea to practice. Incorrect or incomplete identification of inventors can lead to challenges and potentially render the patent unenforceable[2].

Patent Claims

Patent claims are the heart of a patent, as they define the scope of the invention. Claims must be clear, concise, and supported by the description and drawings in the patent application. The USPTO provides datasets and tools to analyze patent claims, including the Patent Claims Research Dataset, which contains detailed information on claims from U.S. patents granted between 1976 and 2014[3].

United States Patent 7,179,483

To analyze the scope and claims of this specific patent, we need to look at its details:

Title and Abstract

While the exact title and abstract of U.S. Patent 7,179,483 are not provided here, these sections typically give a brief overview of the invention.

Claims

The claims section is where the patent's scope is explicitly defined. Each claim outlines a specific aspect of the invention that the patent holder seeks to protect. Here are some general steps to analyze the claims:

• Independent Claims: These claims stand alone and do not depend on other claims. They define the broadest scope of the invention.
• Dependent Claims: These claims build upon independent claims and narrow down the scope further.
• Claim Language: The language used in claims is critical. It must be precise and avoid ambiguity to ensure the patent's enforceability.

Description and Drawings

The description and drawings provide context and support for the claims. They detail how the invention works and its various components.

Patent Landscape

The patent landscape refers to the broader context of related patents and technologies. Here are a few key points to consider:

• Prior Art: Understanding what existed before the invention is crucial. Prior art can include previous patents, publications, and other publicly available information.
• Competing Patents: Analyzing other patents in the same field can help identify potential competitors and areas where the invention stands out.
• Trends and Innovations: Looking at recent patents and technological trends can provide insights into the future direction of the field.

Legal Considerations

Patent eligibility and the validity of claims are subject to legal scrutiny. For example, the Court of Appeals for the Federal Circuit has addressed numerous cases regarding patent eligibility under 35 U.S.C. § 101, which excludes laws of nature, natural phenomena, and abstract ideas from patentability[5].

Case Studies and Examples

To illustrate the importance of precise claims and the legal landscape, consider the case of Electric Power Group, LLC v. Alstom S.A. Here, the court ruled that the patent claims failed to meet the eligibility criteria under § 101 because they did not go beyond requiring the collection, analysis, and display of available information in a particular field without limiting them to technical means[5].

Key Takeaways

• Clear Claims: The claims section of a patent is crucial and must be clear and concise.
• Inventorship: Correctly identifying the true and only inventors is essential for the patent's enforceability.
• Patent Landscape: Understanding the broader patent landscape helps in identifying competitors and trends.
• Legal Compliance: Ensuring that the patent meets legal eligibility criteria is vital.

FAQs

1. What is the role of the USPTO in the patent process? The USPTO is responsible for granting U.S. patents and registering trademarks. It reviews patent applications to ensure they meet the necessary criteria for patentability[1].

2. How are patent claims analyzed? Patent claims are analyzed for clarity, conciseness, and support from the description and drawings. Datasets like the Patent Claims Research Dataset can provide detailed information on claims[3].

3. What is the significance of inventorship in patent law? Correctly identifying the true and only inventors is crucial for the enforceability of the patent. Incorrect identification can lead to challenges and render the patent unenforceable[2].

4. How does the patent landscape impact a patent's scope? The patent landscape includes prior art, competing patents, and technological trends. Understanding this landscape helps in identifying the unique aspects of the invention and potential competitors.

5. What are the legal considerations for patent eligibility? Patents must meet the eligibility criteria under 35 U.S.C. § 101, excluding laws of nature, natural phenomena, and abstract ideas. The claims must also be limited to technical means for performing the functions described[5].

Sources

1. U.S. Patent and Trademark Office (USPTO) | USAGov https://www.usa.gov/agencies/u-s-patent-and-trademark-office

2. Determining Inventorship for US Patent Applications https://agsci.oregonstate.edu/sites/agsci/files/main/research/vrc_release_inventorship-gattari.pdf

3. Patent Claims Research Dataset - USPTO https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset

4. US8920392B2 - Method for treating overactive bladders and a device for storage and administration of topical oxybutynin compositions - Google Patents https://patents.google.com/patent/US8920392B2/ja

5. Electric Power Group, LLC v. Alstom S.A. https://cafc.uscourts.gov/opinions-orders/15-1778.opinion.7-28-2016.1.pdf

Drugs Protected by US Patent 7,179,483

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

International Family Members for US Patent 7,179,483

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Austria	488233
Australia	2001253782
Australia	2003287377
Australia	2003294239