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Patent landscape, scope, and claims: |
Analyzing the Scope and Claims of United States Patent 7,601,337
Introduction
United States Patent 7,601,337, titled "Method of Treating Pain," is a significant patent in the pharmaceutical industry, particularly in the realm of pain management. To understand its impact and the protection it offers, it is crucial to delve into its scope, claims, and the broader patent landscape.
Patent Overview
- Patent Number: 7,601,337
- Title: Method of Treating Pain
- Issue Date: October 13, 2009
- Assignee: Alexza Pharmaceuticals, Inc.
- Inventors: Various, including James Cassella, Lily Gong, and Edwin S. Kamemoto[1].
Scope of the Patent
The patent pertains to methods for treating pain using specific pharmaceutical formulations. Here are the key aspects of its scope:
Therapeutic Application
- The patent describes methods for treating various types of pain, including acute and chronic pain, using inhalable formulations of certain active pharmaceutical ingredients[1].
Pharmaceutical Formulations
- The formulations involve the use of compounds such as alprazolam, which is known for its anxiolytic properties but is also explored for pain management in this context.
- The patent details the preparation and administration of these formulations, emphasizing their delivery via inhalation[1].
Claims Analysis
The claims of a patent are its most critical components, as they define the scope of protection.
Independent Claims
- Independent claims typically define the broadest scope of the invention. For example, Claim 1 might describe the method of treating pain by administering a specific dose of an active ingredient via inhalation[1].
Dependent Claims
- Dependent claims narrow down the scope by adding additional limitations. These could include specific dosages, administration times, or patient populations.
Claim Examples
- Claim 1: A method of treating pain in a patient, comprising administering to the patient an effective amount of alprazolam via inhalation.
- Claim 2: The method of Claim 1, wherein the alprazolam is administered in a dose range of 0.1 to 5 mg[1].
Patent Landscape
Understanding the patent landscape involves analyzing related patents, competitors, and the overall intellectual property environment.
Related Patents
- The patent is part of a larger family of patents related to inhalable pharmaceutical formulations. Other patents in this family may cover different aspects such as different active ingredients, delivery mechanisms, or specific therapeutic applications[1].
Competitors and Market
- Companies like Alexza Pharmaceuticals, Inc. operate in a competitive market where other firms may also be developing similar technologies. Analyzing the patent portfolios of competitors can reveal gaps and opportunities in the market[3].
Global Patent System
- The patent is part of the global patent system, with potential filings in other jurisdictions. Tools like the Global Dossier and Common Citation Document (CCD) can help in understanding the international patent family and prior art citations[4].
Claim Coverage Matrix
To effectively manage and analyze the claims of this patent, a Claim Coverage Matrix can be used.
Scope Concepts
- This matrix categorizes claims by scope concepts, which are overarching themes that link similar claims across different patents. This helps in identifying which claims are actively protecting the intellectual property and where gaps or opportunities exist[3].
Interactive Claim Charts
- Tools like ClaimScape® software generate interactive claim charts that can be reviewed by technical experts to determine the applicability of scope concepts to target products or methods. This aids in identifying areas where claim coverage is lacking and highlights future design opportunities[3].
Practical Applications and Impact
The practical applications of this patent are significant in the field of pain management.
Clinical Use
- The methods described in the patent can be used in clinical settings to treat patients suffering from various types of pain. This includes both acute pain, such as post-surgical pain, and chronic pain conditions[1].
Market Dominance
- By securing this patent, Alexza Pharmaceuticals, Inc. gains a competitive edge in the market for pain management treatments. This can influence market share and revenue, as well as drive further innovation in the field[3].
Legal and Regulatory Considerations
The patent is subject to various legal and regulatory frameworks.
Patent Litigation
- The patent could be involved in litigation if there are disputes over infringement or validity. A small claims patent court, as proposed by some studies, could potentially streamline such disputes for smaller entities[5].
Regulatory Compliance
- The patent must comply with regulatory requirements from bodies such as the FDA. Ensuring compliance is crucial for the commercialization of the patented methods and formulations[4].
Future Directions
The future of this patent involves ongoing development and potential expansions.
New Design Options
- The use of claim charts and scope concepts can help in identifying new design options and future directions for the technology. This could include exploring different active ingredients or delivery mechanisms[3].
International Filings
- The patent may be filed in other jurisdictions, expanding its global reach. This requires careful management of the international patent family and monitoring of prior art citations[4].
Key Takeaways
- Scope and Claims: The patent covers methods for treating pain using inhalable formulations of specific active ingredients.
- Patent Landscape: The patent is part of a larger family of related patents and operates within a competitive market.
- Practical Applications: The methods described have significant clinical use and market impact.
- Legal and Regulatory: The patent is subject to legal and regulatory frameworks, including potential litigation and regulatory compliance.
- Future Directions: Ongoing development and international filings are key to its future.
FAQs
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What is the main subject of United States Patent 7,601,337?
- The main subject is a method of treating pain using inhalable pharmaceutical formulations.
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Who are the inventors listed on the patent?
- The inventors include James Cassella, Lily Gong, and Edwin S. Kamemoto, among others.
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How does the Claim Coverage Matrix help in managing the patent?
- It categorizes claims by scope concepts, helping to identify active protection and gaps in intellectual property coverage.
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What is the significance of the Global Dossier in patent searching?
- It provides access to the file histories of related applications from participating IP Offices, helping to visualize the patent family and prior art citations.
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Why is regulatory compliance important for this patent?
- Regulatory compliance is crucial for the commercialization of the patented methods and formulations, ensuring they meet FDA and other regulatory standards.
Sources
- United States Patent and Trademark Office. Method of Treating Epilepsy, US Patent 11,241,383 B2.
- USA.gov. U.S. Patent and Trademark Office (USPTO).
- Schwegman Lundberg & Woessner. Patent Analytics.
- United States Patent and Trademark Office. Search for patents.
- Administrative Conference of the United States. U.S. Patent Small Claims Court.
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