Analyzing the Scope and Claims of United States Patent 7,396,841
Introduction
United States Patent 7,396,841, titled "Injections," pertains to an injectable composition designed to improve relief from pain and local irritation. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Invention
The patent addresses the need for an injectable composition that does not require a separate dissolving solution or complicated dissolving and kneading operations. This is particularly important in medical settings where simplicity and efficiency are crucial.
Summary of the Invention
The invention involves an injectable composition that includes a 2-[(2-pyridyl)methylsulfinyl]benzimidazole compound, known for its antiulcer action, combined with a strong alkali in a molar ratio of about 1:1. This formulation eliminates the need for additional solvents and complex preparation steps, making it more convenient and safer for use[4].
Claims of the Patent
The patent includes several claims that define the scope of the invention:
Independent Claims
- Claim 1: An injectable composition comprising a compound represented by a specific formula, or a salt thereof, combined with a strong alkali in a molar ratio of about 1:1.
- Claim 2: The injectable composition of claim 1, where the compound is a 2-[(2-pyridyl)methylsulfinyl]benzimidazole.
Dependent Claims
- Claims 3-5: Various embodiments of the injectable composition, including different substituents on the benzene ring and variations in the molar ratio.
Scope of the Patent
The scope of the patent is defined by the claims, which specify the exact composition and the method of preparation. Here are the key aspects:
Composition
- The patent covers an injectable composition that includes a specific benzimidazole compound and a strong alkali.
- The molar ratio of the compound to the alkali is critical, specified as about 1:1[4].
Method of Preparation
- The invention does not require a separate dissolving solution or complicated kneading operations.
- This simplifies the preparation process, making it more practical for clinical use.
Patent Landscape
To understand the broader patent landscape, we need to consider several factors:
Prior Art
- The patent references prior art related to injectable compositions and pain relief methods. However, the specific combination and method described in this patent are novel and non-obvious over the prior art[4].
Related Patents
- Other patents in the field of injectable compositions and pain relief may overlap or complement this invention. For example, patents related to stable peptide formulations or other injectable compositions could be relevant[1][4].
Claim Coverage and Scope Concepts
- Analyzing the claims using tools like Claim Coverage Matrix and Claim Charts can help identify gaps or opportunities in the patent landscape. These tools categorize patents by claims and scope concepts, making it easier to determine the applicability of the patent to target products or methods[3].
Industrial and Clinical Implications
The invention has significant implications for both the pharmaceutical industry and clinical practice:
Simplicity and Safety
- The simplified preparation process reduces the risk of errors and makes the product safer for use.
- This is particularly important in emergency situations where quick and accurate administration is critical.
Market Potential
- The patent could protect a valuable market position for the inventor or assignee, given the unique composition and method of preparation.
- It also opens up opportunities for further research and development in related areas, such as other injectable compositions for pain relief or antiulcer treatments.
Legal and Regulatory Considerations
When dealing with patents, it is crucial to consider legal and regulatory aspects:
Preliminary Search and Examination
- A thorough preliminary search of prior art and existing patents is essential to ensure the novelty and non-obviousness of the invention. The USPTO provides tools and guidelines for conducting such searches[5].
Patent Application and Maintenance
- The patent application must include a complete description of the invention, claims that define the scope of the patent, and any required drawings. Maintaining the patent involves paying fees and ensuring compliance with USPTO regulations[5].
Key Takeaways
- Novel Composition: The patent describes a unique injectable composition that combines a benzimidazole compound with a strong alkali.
- Simplified Preparation: The method eliminates the need for separate dissolving solutions and complex preparation steps.
- Clinical Implications: The invention enhances safety and efficiency in clinical settings.
- Patent Landscape: The patent fits into a broader landscape of injectable compositions and pain relief methods, with potential for further innovation.
Frequently Asked Questions (FAQs)
Q1: What is the main innovation of United States Patent 7,396,841?
The main innovation is an injectable composition that includes a 2-[(2-pyridyl)methylsulfinyl]benzimidazole compound combined with a strong alkali, eliminating the need for additional solvents and complex preparation steps.
Q2: How does this patent simplify the preparation process?
The patent simplifies the preparation process by not requiring a separate dissolving solution or complicated kneading operations, making it more practical for clinical use.
Q3: What are the clinical implications of this invention?
The invention enhances safety and efficiency in clinical settings by reducing the risk of errors and making the product safer for use, particularly in emergency situations.
Q4: How can the scope of this patent be analyzed?
The scope can be analyzed using tools like Claim Coverage Matrix and Claim Charts, which categorize patents by claims and scope concepts to determine the applicability of the patent to target products or methods.
Q5: What legal considerations are important for maintaining this patent?
Maintaining the patent involves paying fees, ensuring compliance with USPTO regulations, and conducting thorough preliminary searches of prior art to ensure the novelty and non-obviousness of the invention.
Cited Sources
- United States Patent and Trademark Office, US00933.9545B2, May 17, 2016.
- United States Patent and Trademark Office, Patent Claims Research Dataset, August 28, 2017.
- Schwegman, Lundberg & Woessner, P.A., Patent Analytics, Accessed 2023.
- Google Patents, US7396841B2 - Injections, Accessed 2023.
- United States Patent and Trademark Office, Applying for Patents, April 27, 2023.
