United States Patent 7,399,772: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 7,399,772, titled "Substituted benzimidazole dosage forms and method of using same," is a patent that pertains to pharmaceutical preparations, specifically those involving substituted benzimidazole proton pump inhibitors. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication and Legal Status
The patent, US7399772B2, was published on July 15, 2008, and has since expired due to fee-related issues[4].
Inventors and Assignees
While the specific inventors and assignees are not detailed here, it is common for such patents to be assigned to pharmaceutical companies or research institutions involved in the development of the invention.
Scope of the Invention
Background and Purpose
The patent focuses on substituted benzimidazole compounds, which are known for their use as proton pump inhibitors (PPIs). PPIs are crucial in treating conditions such as gastroesophageal reflux disease (GERD) and other gastric disorders. The invention aims to improve the dosage forms of these compounds to enhance their efficacy and patient compliance.
Detailed Description
The patent describes various dosage forms, including liquid and solid preparations, such as pills, tablets, and discs. These forms are characterized by specific shapes, structures, or sizes, and may include features like holes, special break lines, or identification marks. The invention also covers layered tablets, such as bilayer tablets, where the drug is contained in at least two layers or in the core and at least one outer layer[4].
Claims
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broad scope of the invention, while dependent claims narrow down the scope by adding additional limitations.
- Independent Claims: These typically cover the core aspects of the invention, such as the composition of the substituted benzimidazole dosage forms and the methods of using them.
- Dependent Claims: These build upon the independent claims by specifying particular embodiments, such as specific types of tablets or the inclusion of additional ingredients like sodium bicarbonate[4].
Claim Examples
For instance, Claim 1 might describe a pharmaceutical composition comprising a substituted benzimidazole compound, while Claim 2 might specify a particular type of tablet form with a specific structure.
Patent Landscape
Classification
The patent is classified under the International Patent Classification (IPC) system, specifically under A61K9/2072 and A61K9/2086, which pertain to medicinal preparations characterized by special physical forms, such as pills, tablets, and discs[4].
Prior Art and Related Patents
The patent landscape includes prior art related to proton pump inhibitors and dosage forms. For example, other patents may cover different types of PPIs, such as omeprazole, or alternative dosage forms like capsules or suspensions. The USPTO's Patent Public Search tool and other international databases like the European Patent Office's esp@cenet can be used to identify related patents and prior art[1].
Global Dossier and International Filings
The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This can help in understanding the global patent landscape for similar inventions[1].
Economic and Commercial Impact
Market Significance
Patents like US7399772B2 play a crucial role in the pharmaceutical industry by protecting innovative dosage forms that can improve patient outcomes. The commercial value of such patents can be significant, as they can provide a competitive edge in the market.
Cost and Funding
The process of obtaining and maintaining a patent can be costly. For instance, drafting and filing a U.S. non-provisional patent application can cost between $8,000 and $20,000, with additional costs incurred during the patent prosecution process[2].
Legal and Regulatory Considerations
Patentability Criteria
For a patent to be granted, the invention must meet the criteria of novelty, non-obviousness, and enablement. The invention must be new, not obvious to a person with ordinary skill in the area, and must be described in sufficient detail to allow someone to reproduce it without undue experimentation[2].
International Considerations
The decision to file a patent application must also consider international regulations. For example, while the U.S. has a one-year grace period for filing a patent application after public disclosure, most foreign countries do not have such a grace period, making timely filing crucial[2].
Key Takeaways
- Scope and Claims: The patent covers specific dosage forms of substituted benzimidazole compounds, including liquid and solid preparations, with detailed descriptions of their structures and methods of use.
- Patent Landscape: The patent is part of a broader landscape that includes prior art and related patents, both domestically and internationally.
- Economic Impact: The patent has significant commercial value in the pharmaceutical industry, protecting innovative dosage forms that can improve patient outcomes.
- Legal Considerations: The invention must meet patentability criteria, and international filing strategies must be carefully considered.
FAQs
What is the main focus of United States Patent 7,399,772?
The main focus of this patent is on pharmaceutical preparations involving substituted benzimidazole proton pump inhibitors, specifically their dosage forms.
How can one search for related patents?
One can use the USPTO's Patent Public Search tool, Global Dossier, and international databases like the European Patent Office's esp@cenet to search for related patents[1].
What are the key criteria for patentability?
The invention must be novel, non-obvious, and enabled, meaning it must be new, not obvious to a person with ordinary skill in the area, and described in sufficient detail to allow reproduction without undue experimentation[2].
Why is international filing important?
International filing is crucial because most foreign countries do not have a grace period for filing a patent application after public disclosure, unlike the U.S.[2].
What are the typical costs associated with patenting a pharmaceutical invention?
The costs can range from $8,000 to $20,000 for drafting and filing a U.S. non-provisional patent application, with additional costs during the patent prosecution process[2].
Sources
- USPTO: Search for patents - USPTO. [Online]. Available: https://www.uspto.gov/patents/search
- KU Office of Research: Intellectual Property Protection - KU Office of Research. [Online]. Available: https://research.ku.edu/intellectual-property-protection
- USPTO: Patent Claims Research Dataset - USPTO. [Online]. Available: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents: Substituted benzimidazole dosage forms and method of using same - Google Patents. [Online]. Available: https://patents.google.com/patent/US7399772B2/en
