United States Patent 7,699,609: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 7,699,609, titled "Dispensing apparatus and cartridge with deformable tip," is a significant patent in the field of dental treatment, particularly for periodontal disease. This patent, owned by Orapharma Inc., is associated with the drug Arestin, which uses Minocycline Hydrochloride as its active ingredient.
Patent Overview
Patent Title and Number
The patent in question is US Patent 7,699,609, titled "Dispensing apparatus and cartridge with deformable tip."
Patent Owner
This patent is owned by Orapharma Inc., the company behind the brand drug Arestin[1].
Approval and Issue Date
The patent was issued on April 20, 2010, following a series of critical events including the recordation of the patent grant, issue notification, and issue fee payment verification[1].
Scope of the Patent
Claims
The patent claims focus on a device designed for the treatment of periodontal disease. Key aspects include:
- A handle with a configuration familiar to dental professionals.
- A detachable tip or cartridge with a deformable tip, which is crucial for the precise delivery of the medication[5].
Independent Claim Length and Count
Research on patent scope suggests that the length and count of independent claims can be indicative of the patent's breadth and clarity. While specific details on the claim length and count for this patent are not provided, it is generally understood that narrower claims are associated with a higher probability of grant and a shorter examination process[3].
Patent Claims and Scope
Claim Clarity and Breadth
The clarity and breadth of patent claims are critical for determining the scope of protection. Broader claims can sometimes lead to issues of clarity and validity, potentially increasing licensing and litigation costs. However, the specific claims in US Patent 7,699,609 are designed to protect the unique dispensing apparatus and cartridge, ensuring that the invention is clearly defined and distinguishable from prior art[3].
Patent Expiration and Generic Launch
Patent Expiration Date
The patent expired on March 29, 2022. This expiration date is subject to change based on legal activities such as patent term extensions or amendments to the claims, but as of the last update, it has expired[1].
Generic Launch
Following the expiration of the patent, several companies have filed for and received approval for generic versions of Arestin. Aurobindo Pharma Ltd has the maximum number of approved applications for the generic version of Minocycline Hydrochloride[1].
Legal Activities and Maintenance
Recent Legal Activities
Recent legal activities on this patent include the payment of maintenance fees, which are crucial for maintaining the patent's validity. For example, a maintenance fee for the 12th year was paid on September 28, 2021[1].
Impact on Patent Life
These activities can affect the life of the patent. However, in this case, the patent has already expired, and the focus has shifted to the generic launch and market competition[1].
Market Impact and Competition
Competitors and Market Strategies
Understanding the competition is essential for market success. Several other brand drugs and generics use the same active ingredient, Minocycline Hydrochloride. Identifying these competitors and assessing their market strategies can help in planning effective market entry and competition strategies[1].
Generic Manufacturers
Multiple companies have received approval for generic versions of Arestin, indicating a competitive market landscape. This competition can drive innovation and reduce costs for consumers[1].
Patent Landscape and Global Protection
Global Patent Protection
While US patents provide insights into exclusivity within the United States, Arestin is protected by patents in multiple countries. Understanding the broader patent landscape is crucial for strategizing market entry and identifying markets with weaker patent protection[1].
Family Patents
The family patents of US Patent 7,699,609 include other patents related to the dispensing apparatus and cartridge. These patents collectively provide a comprehensive protection strategy for the invention across different jurisdictions[1].
Economic and Innovation Impact
Innovation Incentives
The patent system is designed to incentivize innovation by providing temporary exclusive rights. The value of these rights must be commensurate with the value disclosed to ensure meaningful rewards for inventors. The expiration of US Patent 7,699,609 and the subsequent generic launch reflect the balance between innovation incentives and market competition[4].
Litigation and Damages
Patent litigation and damages can significantly impact the economic effects of patent protection. Studies have shown that patent damages can be predictable and are influenced by factors such as the number of patents per case, patent maturity, and the complexity of the case[4].
Key Takeaways
- Patent Expiration: US Patent 7,699,609 expired on March 29, 2022, paving the way for generic versions of Arestin.
- Generic Launch: Multiple companies have filed for and received approval for generic versions of Minocycline Hydrochloride.
- Market Competition: The market for Arestin generics is competitive, with several companies vying for market share.
- Global Protection: Understanding the broader patent landscape is crucial for strategizing market entry.
- Innovation Incentives: The patent system balances innovation incentives with market competition.
Frequently Asked Questions (FAQs)
What is the active ingredient in Arestin?
The active ingredient in Arestin is Minocycline Hydrochloride[1].
When did the patent for US Patent 7,699,609 expire?
The patent for US Patent 7,699,609 expired on March 29, 2022[1].
Which companies have filed for generic versions of Arestin?
Several companies have filed for generic versions, with Aurobindo Pharma Ltd having the maximum number of approved applications[1].
How does the expiration of US Patent 7,699,609 affect the market?
The expiration allows for the entry of generic versions, increasing market competition and potentially reducing costs for consumers[1].
What are the key factors influencing patent damages?
Key factors include the number of patents per case, patent maturity, the complexity of the case, and whether the case is decided by a jury[4].
Cited Sources:
- Pharsight: Arestin patent expiration - Pharsight.
- Google Patents: US20210338401A1 - Device, method, and system ... - Google Patents.
- Hoover Institution: Patent Claims and Patent Scope - Hoover Institution.
- Kellogg School of Management: An empirical analysis of U.S. patent infringement awards.
- Golden: US Patent 7699609 Dispensing apparatus and cartridge with deformable tip-R9MY4NK.
