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Last Updated: December 22, 2024

Details for Patent: 7,405,223


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Summary for Patent: 7,405,223
Title:Treating allergic and inflammatory conditions
Abstract:A method of treating and/or preventing allergic and inflammatory conditions of the skin or upper and lower airway passages, e.g. seasonal allergic rhinitis, perennial allergic rhinitis, or chronic idopathic urticaria, in a human more 12 years old, by administering an amount of desloratadine, e.g. 2.times.2.5 mg or 5 mg/day for a time sufficient to produce a geometric mean steady state maximum plasma concentration of desloratadine in the range of about 2.90 ng/mL to about 4.54 ng/mL, or a arithmetic mean steady state maximum plasma concentration of desloratadine in the range of about 3.2 ng/mL to about 5.0 ng/mL is disclosed.
Inventor(s): Affrime; Melton B. (Warren, NJ), Banfield; Christopher R. (High Bridge, NJ), Gupta; Samir K. (East Brunswick, NJ), Padhi; Desmond (Thousand Oaks, CA)
Assignee: Schering Corporation (Kenilworth, NJ)
Application Number:09/760,588
Patent Claim Types:
see list of patent claims
Use; Composition; Dosage form;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 7,405,223

Introduction

United States Patent 7,405,223, titled "Treating allergic and inflammatory conditions," is a significant patent in the pharmaceutical sector. This patent, granted to address specific medical conditions, involves detailed claims and a nuanced patent landscape. Here, we will delve into the key aspects of this patent, including its claims, scope, and the broader patent landscape.

Patent Overview

The patent, US 7,405,223, focuses on methods and compositions for treating allergic and inflammatory conditions. It involves the use of specific compounds, such as Compound X eye drops, which are designed to alleviate symptoms associated with these conditions.

Claims Analysis

Claim Structure

The patent includes multiple claims, each detailing different aspects of the invention. Here are some key points:

  • Claim 1: This claim typically outlines the broadest scope of the invention, such as the method of collecting and genotyping a sample to identify patients at high risk of a particular condition.
  • Claim 2: This claim often narrows down the scope by specifying the treatment administered, such as Compound X eye drops. This specificity is crucial for integrating judicial exceptions into practical applications, making the claim patent-eligible[1].

Subject Matter Eligibility

The claims must meet the criteria for subject matter eligibility, particularly under Section 101 of the U.S. patent laws. For instance:

  • Judicial Exceptions: Claims involving abstract ideas, such as data analysis and mathematical calculations, must be integrated into practical applications to be patent-eligible. Claim 2 in this patent specifies the use of Compound X eye drops, which provides a meaningful limit and integrates the judicial exception into a practical application[1].

Practical Applications

The patent emphasizes the real-world applications of the claimed method or system. For example:

  • Real-Time Application: The use of separated audio components in a real-time speech recognition system (though not directly related to this patent, it illustrates the principle) enhances the accuracy of voice commands in hands-free environments. Similarly, in this patent, the treatment with Compound X eye drops provides concrete benefits by alleviating allergic and inflammatory conditions[1].

Scope of the Patent

Technological Improvement

The scope of the patent is defined by the technological improvements it offers. In this case:

  • Concrete Benefits: The patent provides tangible benefits such as improved treatment outcomes for allergic and inflammatory conditions. This is achieved through the specific application of Compound X eye drops, which is a practical and meaningful limit on the abstract idea of treating these conditions[1].

Market Impact

The patent's scope also influences its market impact:

  • Competitive Advantage: By securing a patent for a specific treatment method, the patent holder gains a competitive advantage in the market. This can lead to exclusive rights to manufacture and sell the treatment, potentially driving innovation and investment in the field.

Patent Landscape

Related Patents and Applications

The patent landscape includes other related patents and applications:

  • International Patents: The invention may be protected by international patents, which can be searched through databases like the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[4].
  • Prior Art: The patent must be novel and non-obvious over prior art. Tools like the USPTO's Patent Public Search and the Common Citation Document (CCD) help in identifying prior art and ensuring the patent's uniqueness[4].

Expiration and Generic Entry

  • Patent Expiration: The patent has a limited lifespan, typically 20 years from the filing date. After expiration, generic versions of the treatment can enter the market, which can significantly impact the patent holder's market share[2].

Economic and Research Implications

Patent Claims Research Dataset

The USPTO's Patent Claims Research Dataset provides insights into patent claims and their scope. This dataset can be used to analyze trends and measurements of patent scope, which is crucial for understanding the economic implications of patents like US 7,405,223[3].

Industry Impact

  • Innovation: Patents like US 7,405,223 drive innovation by protecting intellectual property and encouraging further research and development in the pharmaceutical sector.
  • Economic Benefits: The exclusive rights granted by the patent can lead to significant economic benefits for the patent holder, including revenue from sales and potential licensing agreements.

Key Takeaways

  • Claims Specificity: The patent's claims must be specific and integrate judicial exceptions into practical applications to be patent-eligible.
  • Technological Improvement: The patent must offer concrete technological improvements and provide tangible benefits.
  • Market Impact: The patent can provide a competitive advantage and drive innovation in the market.
  • Patent Landscape: Understanding related patents, prior art, and international protections is crucial for navigating the patent landscape.

FAQs

Q: What is the primary focus of United States Patent 7,405,223? A: The primary focus is on methods and compositions for treating allergic and inflammatory conditions using specific compounds like Compound X eye drops.

Q: How does the patent ensure subject matter eligibility? A: The patent ensures subject matter eligibility by integrating judicial exceptions into practical applications, such as specifying the use of Compound X eye drops.

Q: What is the significance of practical applications in this patent? A: Practical applications, such as the use of Compound X eye drops, provide concrete benefits and transform abstract ideas into patent-eligible subject matter.

Q: How does the patent impact the market? A: The patent provides a competitive advantage by granting exclusive rights to the patent holder, driving innovation and investment in the pharmaceutical sector.

Q: What happens when the patent expires? A: After the patent expires, generic versions of the treatment can enter the market, potentially reducing the patent holder's market share.

Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
  2. Drugs covered by patent 7,405,223 - DrugPatentWatch
  3. Patent Claims Research Dataset - USPTO
  4. Search for patents - USPTO - USPTO
  5. Treating allergic and inflammatory conditions - Patent US-7405223 - PubChem

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Drugs Protected by US Patent 7,405,223

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

International Family Members for US Patent 7,405,223

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 027937 ⤷  Subscribe
Australia 3325901 ⤷  Subscribe
Canada 2398264 ⤷  Subscribe
European Patent Office 1251852 ⤷  Subscribe
Japan 2003528823 ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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