Detailed Analysis of the Scope and Claims of United States Patent 7,276,249
Introduction
United States Patent 7,276,249, titled "Nanoparticulate fibrate formulations," is a significant patent in the pharmaceutical field, particularly in the area of drug formulation and delivery. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Invention Description
The patent, issued on October 2, 2007, describes nanoparticulate formulations of fibrate compounds, which are used to treat hyperlipidemia and other lipid-related disorders. The invention focuses on improving the pharmacokinetic profiles of these compounds, reducing variability in their absorption when taken with or without food[5].
Key Components
- Fibrate Compounds: The patent specifically mentions fenofibrate, a commonly used fibrate.
- Nanoparticulate Formulation: The invention involves reducing the particle size of the fibrate compounds to improve their solubility and bioavailability.
- Excipients and Stabilizers: The formulation includes various excipients and stabilizers to maintain the stability and efficacy of the nanoparticles.
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically describe the composition, method of manufacture, and the therapeutic use of the nanoparticulate fibrate formulations.
- Claim 1: This claim describes a nanoparticulate composition comprising a fibrate compound, at least one surface stabilizer, and optionally one or more excipients. The particle size of the fibrate compound is less than 2000 nm[5].
Dependent Claims
Dependent claims further specify the details of the independent claims, such as the types of surface stabilizers, excipients, and the methods for preparing the nanoparticulate formulations.
- Claim 2: This claim specifies that the surface stabilizer is selected from a group of compounds, including polymers, surfactants, and other stabilizing agents[5].
Claim Scope
The claims collectively define a broad scope for the invention, covering various aspects of the nanoparticulate fibrate formulations, including their composition, preparation methods, and therapeutic applications.
Patent Landscape
Prior Art and Cited References
The patent cites several prior art references related to nanoparticulate drug formulations and fibrate compounds. These references highlight the existing knowledge in the field and distinguish the current invention from previous works.
Global Patent Family
To understand the global reach of this patent, one must look into the patent family, which includes related applications filed in other jurisdictions. Tools like the Global Dossier provided by the USPTO can help identify related applications and their status in participating IP offices[1].
International Search and Examination
The patent's international search and examination reports can provide insights into how different patent offices have evaluated the novelty and inventiveness of the nanoparticulate fibrate formulations. Resources like the PATENTSCOPE database from WIPO can be useful for this purpose[4].
Search and Analysis Tools
USPTO Patent Public Search
To conduct a thorough analysis of the patent landscape, tools like the USPTO's Patent Public Search can be utilized. This tool allows for enhanced access to prior art and provides modern interfaces for searching patent documents[1].
Cooperative Patent Classification (CPC)
The CPC database is another valuable resource for finding relevant classification schemes and identifying similar patents in the same technological area[4].
Common Citation Document (CCD)
The CCD application consolidates citation data from multiple patent offices, helping to visualize the prior art cited by different offices for the same invention. This can be particularly useful in understanding the global patent landscape surrounding the nanoparticulate fibrate formulations[1].
Economic and Market Impact
Market Demand
The demand for improved fibrate formulations is driven by the need for more effective and consistent therapeutic outcomes. The nanoparticulate formulation described in the patent addresses this need by enhancing bioavailability and reducing food-effect variability.
Competitive Landscape
The pharmaceutical industry is highly competitive, and patents like US 7,276,249 play a crucial role in protecting intellectual property and market share. Companies holding such patents can leverage them to secure market exclusivity and negotiate licensing agreements.
Expert Insights
Legal and Regulatory Considerations
Experts in patent law, such as those involved in the study by the Administrative Conference of the United States (ACUS) on small claims patent courts, emphasize the importance of robust patent protection mechanisms. These mechanisms ensure that inventors and companies can protect their innovations effectively[2].
Technological Trends
Industry experts and researchers, as seen in the USPTO's Patent Claims Research Dataset, highlight the ongoing trends in patent scope and claims. These trends indicate a continuous evolution in pharmaceutical formulations, with a focus on improving efficacy and patient compliance[3].
Key Takeaways
- Improved Pharmacokinetics: The nanoparticulate fibrate formulations described in US 7,276,249 offer improved pharmacokinetic profiles, enhancing the therapeutic efficacy of fibrate compounds.
- Broad Claim Scope: The patent's claims cover a wide range of compositions, methods, and therapeutic applications, providing strong intellectual property protection.
- Global Patent Landscape: Understanding the global patent family and using tools like Global Dossier and PATENTSCOPE is crucial for navigating the international patent landscape.
- Market Impact: The patent has significant market implications, influencing the development and commercialization of fibrate formulations.
FAQs
Q: What is the primary innovation described in US Patent 7,276,249?
A: The primary innovation is the development of nanoparticulate formulations of fibrate compounds to improve their pharmacokinetic profiles and reduce food-effect variability.
Q: How can one search for related patents globally?
A: Tools like the Global Dossier, PATENTSCOPE, and the USPTO's Patent Public Search can be used to search for related patents globally.
Q: What is the significance of the Cooperative Patent Classification (CPC) in patent searching?
A: The CPC helps in finding relevant classification schemes and identifying similar patents in the same technological area.
Q: How does the Common Citation Document (CCD) aid in patent analysis?
A: The CCD consolidates citation data from multiple patent offices, allowing users to visualize the prior art cited by different offices for the same invention.
Q: What are the economic implications of holding a patent like US 7,276,249 in the pharmaceutical industry?
A: Holding such a patent can secure market exclusivity, protect intellectual property, and facilitate licensing agreements, thereby impacting the market significantly.
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- ACUS - U.S. Patent Small Claims Court. Retrieved from https://www.acus.gov/research-projects/us-patent-small-claims-court
- USPTO - Patent Claims Research Dataset. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Clemson University - Advanced Patent Searching. Retrieved from https://clemson.libguides.com/advanced_patent_searching
- Google Patents - US7276249B2. Retrieved from https://patents.google.com/patent/US7276249B2/en