Understanding the Scope and Claims of United States Patent 7,351,723
Introduction
United States Patent 7,351,723, titled "Freeze-dried pantoprazole preparation and injection," is a significant patent in the field of pharmaceutical technology. This patent, issued to Takeda GmbH, pertains to the development and production of freeze-dried pantoprazole preparations and injections. Here, we will delve into the details of the patent's scope, claims, and the broader patent landscape.
Technical Field
The patent is situated within the realm of pharmaceutical technology, specifically focusing on the formulation and production of pantoprazole, a proton pump inhibitor used to treat conditions like gastroesophageal reflux disease (GERD) and peptic ulcer disease[4].
Background and Prior Art
Pantoprazole has been a subject of extensive research and development, with numerous patents and publications detailing its various formulations and production methods. The patent in question builds upon prior art, including earlier patents such as U.S. Patents 4738974, 4758579, and 5223515, which describe different aspects of pantoprazole formulations and manufacturing processes[4].
Claims
The patent includes several claims that define the scope of the invention:
Independent Claims
- Claim 1 describes a freeze-dried pantoprazole preparation consisting of pantoprazole sodium, ethylenediamine tetraacetic acid disodium salt, and sodium hydroxide.
- Claim 7 specifies a pantoprazole injectable solution with ethylenediamine tetraacetic acid disodium salt and sodium hydroxide[4].
Dependent Claims
- These claims further detail the composition and characteristics of the freeze-dried preparations and injectable solutions, including specific concentrations and forms of the ingredients[4].
Detailed Description of the Invention
The patent provides a detailed description of the invention, including:
Freeze-Dried Preparations
- The process for producing freeze-dried pantoprazole preparations involves lyophilizing a solution containing pantoprazole sodium, ethylenediamine tetraacetic acid disodium salt, and sodium hydroxide. This method ensures the stability and efficacy of the pantoprazole[4].
Injectable Solutions
- The patent also describes the preparation of pantoprazole injectable solutions, which involve reconstituting the freeze-dried preparation with a suitable solvent. The solution is designed for intravenous administration and must meet specific stability and sterility criteria[4].
Patent Family and Continuations
The patent 7,351,723 is part of a larger patent family, including continuations and continuations-in-part of earlier patent applications. For example, it is a continuation of U.S. Ser. No. 10/855,703, which is itself a continuation of U.S. Ser. No. 10/195,062, and ultimately traces back to International Patent Application No. PCT/EP01/13296[4].
Global Patent Landscape
To understand the global reach of this patent, one can use tools like the Global Dossier provided by the USPTO. This service allows users to view the patent family for a specific application, including all related applications filed at participating IP Offices. This helps in identifying the international scope and any corresponding patents or applications in other jurisdictions[1].
Importance of Correct Inventorship
Inventorship is a critical aspect of patent law, and errors in identifying the true and only inventors can lead to invalidation of the patent. The USPTO and courts emphasize the importance of correctly determining who conceived the idea and reduced it to practice. This ensures that the patent remains enforceable and avoids legal challenges[2].
Economic and Research Implications
The Patent Claims Research Dataset provided by the USPTO can offer insights into the economic and research implications of patents like 7,351,723. This dataset contains detailed information on claims from US patents and applications, which can be used to analyze trends and the scope of patents in the pharmaceutical sector[3].
Potential for Small Claims Patent Court
The concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could have implications for the enforcement and litigation of patents like 7,351,723. Such a court would aim to provide a more streamlined and cost-effective process for resolving patent disputes, which could impact how patent holders and challengers approach litigation[5].
Key Takeaways
- Technical Field: The patent pertains to pharmaceutical technology, specifically freeze-dried pantoprazole preparations and injections.
- Claims: The patent includes detailed claims about the composition and production of these preparations.
- Patent Family: It is part of a larger patent family with continuations and continuations-in-part.
- Global Landscape: Tools like the Global Dossier help in understanding the international scope.
- Inventorship: Correct identification of inventors is crucial for the patent's validity.
- Economic Implications: The Patent Claims Research Dataset can provide insights into the economic impact.
FAQs
Q: What is the main subject of United States Patent 7,351,723?
A: The main subject is the development and production of freeze-dried pantoprazole preparations and injections.
Q: How does the patent build upon prior art?
A: The patent builds upon earlier patents and publications related to pantoprazole formulations and manufacturing processes.
Q: What are the key components of the freeze-dried preparations described in the patent?
A: The key components include pantoprazole sodium, ethylenediamine tetraacetic acid disodium salt, and sodium hydroxide.
Q: Why is correct inventorship important in patent law?
A: Correct inventorship is crucial to ensure the patent's validity and enforceability, as errors can lead to invalidation.
Q: How can the Global Dossier service be useful for understanding this patent?
A: The Global Dossier service helps in viewing the patent family and related applications filed at participating IP Offices, providing insights into the international scope.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Determining Inventorship for US Patent Applications: https://agsci.oregonstate.edu/sites/agsci/files/main/research/vrc_release_inventorship-gattari.pdf
- Patent Claims Research Dataset - USPTO: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- US Patent for Freeze-dried pantoprazole preparation and injection: https://patents.justia.com/patent/8754108
- U.S. Patent Small Claims Court - ACUS: https://www.acus.gov/research-projects/us-patent-small-claims-court
