Analyzing the Scope and Claims of United States Patent 7,790,705: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, businesses, and legal professionals. This article delves into the details of United States Patent 7,790,705, focusing on its claims, scope, and the broader patent landscape.
Background of the Patent
United States Patent 7,790,705, hereafter referred to as the '705 patent, is associated with Medicis Pharmaceutical Corporation, a leading specialty pharmaceutical company. The patent pertains to extended release antibiotic compositions, specifically minocycline hydrochloride extended release tablets, used for the treatment of acne and other dermatological conditions[2].
Claims of the Patent
The '705 patent includes multiple claims that define the scope of the invention. Here are some key aspects:
Independent Claims
Independent claims are those that stand alone and do not depend on other claims. These claims typically define the broadest scope of the invention. For the '705 patent, independent claims might include the composition of the extended release minocycline hydrochloride tablets, the method of manufacture, and the specific dosage forms[2].
Dependent Claims
Dependent claims build upon independent claims and provide additional details or limitations. These claims can include specific formulations, dosage strengths, and release profiles. For example, dependent claims might specify the exact concentrations of minocycline hydrochloride in the tablets or the particular excipients used[2].
Method Claims
Method claims cover the processes used to manufacture the extended release tablets. These claims are important as they protect the unique steps and conditions under which the invention is produced[2].
Scope of the Patent
The scope of the '705 patent is defined by its claims and is critical in determining what is protected and what is not.
Composition and Formulation
The patent protects specific compositions of minocycline hydrochloride extended release tablets, including the active ingredient, excipients, and the formulation that allows for extended release. This scope ensures that any identical or substantially similar compositions would infringe on the patent[2].
Dosage Strengths
The '705 patent specifies various dosage strengths of the minocycline hydrochloride tablets, such as 45 mg, 65 mg, 90 mg, 115 mg, and 135 mg. These specific strengths are protected under the patent claims[2].
Method of Manufacture
The patent also covers the method of manufacturing these extended release tablets, including any unique steps or conditions that are essential to the invention. This ensures that the process of making these tablets is also protected[2].
Patent Landscape
Understanding the broader patent landscape is essential for navigating the intellectual property space related to the '705 patent.
Related Patents and Applications
The '705 patent is part of a larger family of patents related to minocycline hydrochloride and extended release formulations. Using tools like the USPTO's Patent Public Search or the Global Dossier, one can identify related applications and patents filed at various IP offices[1][4].
Prior Art and Citation Data
The Common Citation Document (CCD) application can be used to consolidate prior art cited by multiple offices for the family members of the '705 patent. This helps in understanding the prior art landscape and potential challenges to the patent's validity[1].
International Protection
The '705 patent may have international counterparts through the Patent Cooperation Treaty (PCT) or national phase entries. The PATENTSCOPE database and other international patent databases can provide insights into the global protection of this invention[4].
Litigation and Infringement
The '705 patent has been involved in litigation, particularly regarding generic versions of the minocycline hydrochloride extended release tablets.
Medicis vs. Alkem Laboratories
Medicis Pharmaceutical Corporation filed a complaint against Alkem Laboratories and other defendants alleging infringement of the '705 patent. The defendants had submitted an Abbreviated New Drug Application (ANDA) to the FDA with a Paragraph IV certification, claiming the '705 patent was not infringed and/or invalid. This case highlights the importance of the '705 patent in protecting Medicis's intellectual property[2].
Search and Analysis Tools
Several tools are available for searching and analyzing patents, which can be useful for understanding the scope and claims of the '705 patent.
USPTO Patent Public Search
This tool provides enhanced access to prior art and allows for full-text searching of patent grants and applications. It is particularly useful for identifying related patents and understanding the patent landscape[1][4].
Cooperative Patent Classification (CPC)
The CPC database can be searched to find relevant classification schemes, helping to identify patents with similar subject matter[4].
Patent Claims Research Dataset
This dataset from the USPTO provides detailed information on claims from U.S. patents and applications, including claim-level statistics and document-level statistics. It can be used to analyze the scope and complexity of patent claims[3].
Key Takeaways
- Claims Analysis: The '705 patent includes independent and dependent claims that define the composition, formulation, and method of manufacture of minocycline hydrochloride extended release tablets.
- Scope of Protection: The patent protects specific dosage strengths and the method of manufacture, ensuring broad protection for Medicis's invention.
- Patent Landscape: Understanding related patents, prior art, and international protection is crucial for navigating the intellectual property space.
- Litigation: The '705 patent has been involved in significant litigation, highlighting its importance in protecting Medicis's intellectual property.
- Search and Analysis Tools: Various tools like the USPTO Patent Public Search, CPC, and the Patent Claims Research Dataset are essential for thorough patent analysis.
FAQs
What is the main subject matter of the '705 patent?
The '705 patent pertains to extended release minocycline hydrochloride tablets used for the treatment of acne and other dermatological conditions.
How can I search for related patents to the '705 patent?
You can use the USPTO's Patent Public Search, the Global Dossier, or the PATENTSCOPE database to identify related patents and applications.
What are the key claims of the '705 patent?
The key claims include the composition of the extended release tablets, specific dosage strengths, and the method of manufacture.
Has the '705 patent been involved in any litigation?
Yes, the '705 patent was involved in a lawsuit filed by Medicis Pharmaceutical Corporation against Alkem Laboratories and other defendants alleging patent infringement.
What tools can I use to analyze the scope and claims of the '705 patent?
Tools such as the USPTO Patent Public Search, Cooperative Patent Classification (CPC) database, and the Patent Claims Research Dataset can be used for detailed analysis.
Sources
- USPTO, "Search for patents - USPTO", October 18, 2018.
- IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE, "MEDICIS PHARMACEUTICAL CORPORATION, Plaintiff, v. ALKEM LABORATORIES LTD.; THE PHARMA NETWORK, LLC; and ASCEND LABORATORIES, LLC, Defendants."
- USPTO, "Patent Claims Research Dataset", August 28, 2017.
- Clemson University Libraries, "Research and Course Guides: Patent Searching, Advanced: Overview", May 23, 2024.
