Analyzing the Scope and Claims of United States Patent 7,214,684
Introduction
United States Patent 7,214,684, hereafter referred to as the '684 patent, is a significant intellectual property asset related to the pharmaceutical industry, particularly concerning the drug desloratadine, which is marketed under the brand name Clarinex. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Background of the Patent
The '684 patent is owned by Sepracor Inc. and the University of Massachusetts (UMass), and it pertains to specific formulations and methods related to desloratadine, an antihistamine used to treat allergies. The patent was part of a series of patents that protected the exclusive rights to manufacture, use, and sell desloratadine products[2][5].
Scope of the Patent
The scope of the '684 patent encompasses specific claims related to the composition, formulation, and method of use of desloratadine. Here are some key aspects:
Composition and Formulation
- The patent covers specific formulations of desloratadine, including orally disintegrating tablets containing 2.5 and 5 milligrams of the active ingredient. These formulations are designed to provide rapid dissolution and absorption, enhancing the drug's efficacy[2][5].
Method of Use
- The patent also includes claims related to the method of using desloratadine for treating allergic conditions. This includes the administration route, dosage, and any specific instructions for use[2].
Claims of the Patent
The claims of the '684 patent are detailed and specific, ensuring broad protection for the inventors and assignees. Here are some key claim types:
Independent Claims
- These claims define the broadest scope of the invention. For example, Claim 1 might describe the composition of the orally disintegrating tablet, including the active ingredient desloratadine and other excipients[2].
Dependent Claims
- These claims further narrow down the invention by adding additional limitations. For instance, a dependent claim might specify the exact dosage form or the method of manufacturing the tablet[2].
Patent Landscape
Understanding the patent landscape is crucial for assessing the strength and potential challenges to the '684 patent.
Related Patents
- The '684 patent is part of a family of patents related to desloratadine. Other patents in this family include U.S. Patent Nos. 7,211,582 and 7,214,683. These patents collectively provide comprehensive protection for various aspects of desloratadine formulations and uses[2][5].
International Protection
- To ensure global protection, similar patents would have been filed in other jurisdictions. For example, using databases like the European Patent Office's esp@cenet or the World Intellectual Property Organization's PATENTSCOPE can reveal international counterparts of the '684 patent[1].
Litigation and Challenges
- The '684 patent has been involved in several patent infringement cases. For instance, Sepracor and UMass have litigated against generic drug manufacturers like Orchid and Belcher, who sought to market generic versions of desloratadine before the patent's expiration[2][5].
Tools for Analyzing Patents
Several tools and resources are available for analyzing patents like the '684 patent:
USPTO Patent Public Search
- This tool allows users to search for prior art and analyze the claims and scope of patents. It replaces legacy tools like PubEast and PubWest and provides enhanced access to prior art[1].
Global Dossier
- This service provides access to the file histories of related applications from participating IP Offices, helping users to see the patent family and related applications[1].
Patent Claims Research Dataset
- This dataset from the USPTO contains detailed information on claims from U.S. patents and applications, which can be used to analyze the scope and trends of patent claims[3].
Impact on the Pharmaceutical Industry
The '684 patent and its related patents have significant implications for the pharmaceutical industry:
Exclusivity and Market Protection
- The patent ensures exclusivity for Sepracor and its licensees, preventing generic competition until the patent expires. This exclusivity is crucial for recouping investment in research and development[2][5].
Innovation and R&D
- Patents like the '684 patent incentivize innovation by providing a period of exclusive rights, which encourages further research and development in the pharmaceutical sector.
Key Takeaways
- Scope and Claims: The '684 patent covers specific formulations and methods related to desloratadine, including orally disintegrating tablets and their use in treating allergic conditions.
- Patent Landscape: The patent is part of a family of patents and has been involved in several litigation cases to protect its exclusivity.
- Tools for Analysis: Resources like the USPTO Patent Public Search, Global Dossier, and the Patent Claims Research Dataset are essential for analyzing the scope and claims of patents.
- Industry Impact: The patent plays a critical role in protecting market exclusivity and encouraging innovation in the pharmaceutical industry.
FAQs
Q: What is the main subject of United States Patent 7,214,684?
A: The main subject of the '684 patent is specific formulations and methods related to the antihistamine desloratadine, marketed under the brand name Clarinex.
Q: How can one search for prior art related to this patent?
A: One can use the USPTO Patent Public Search tool or other international databases like esp@cenet or PATENTSCOPE to search for prior art.
Q: What are the implications of the '684 patent for generic drug manufacturers?
A: The patent prevents generic drug manufacturers from marketing generic versions of desloratadine until the patent expires, thus protecting the exclusivity of the original patent holders.
Q: What tools are available for analyzing the claims and scope of patents like the '684 patent?
A: Tools like the USPTO Patent Public Search, Global Dossier, and the Patent Claims Research Dataset are available for analyzing the claims and scope of patents.
Q: How does the '684 patent impact innovation in the pharmaceutical industry?
A: The patent incentivizes innovation by providing a period of exclusive rights, which encourages further research and development in the pharmaceutical sector.
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- Case 3:07-cv-04623-MLC-TJB Document 1 Filed 09/26/07. Retrieved from https://insight.rpxcorp.com/litigation_documents/2326184
- USPTO - Patent Claims Research Dataset. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- USA.gov - U.S. Patent and Trademark Office (USPTO). Retrieved from https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- Justia - SETTLEMENT AGREEMENT | GeoPharma, Inc.. Retrieved from https://contracts.justia.com/companies/geopharma-inc-43867/contract/726021/