United States Patent 7,806,265: A Detailed Analysis of Scope, Claims, and Patent Landscape
Overview of the Patent
United States Patent 7,806,265, titled "Apparatus and method for reconstituting a pharmaceutical and preparing the reconstituted pharmaceutical for transient application," was granted to Mobius Therapeutics, LLC, with Edward J. Timm as the inventor. This patent is part of a series of continuations and continuations-in-part, reflecting a complex patent family[5].
Background and Prior Art
The patent is a continuation of application No. 11/484,998, filed on July 12, 2006, which itself is a continuation of earlier applications. This indicates a long development history and significant prior art in the field of pharmaceutical preparation and application. The prior art includes various patents and publications related to pharmaceutical reconstitution and application methods, such as those by Isono et al., Cragg et al., and Denyer et al.[2].
Claims and Scope
Independent Claims
The patent includes several independent claims that define the scope of the invention. For example, Claim 1 describes an apparatus for reconstituting a pharmaceutical, comprising a tray with sealed compartments, a pharmaceutical container, and a reconstitution fluid container. These claims are critical in defining the novel aspects of the invention and distinguishing it from prior art[5].
Dependent Claims
Dependent claims further specify the details of the apparatus and method, such as the materials used for the compartments, the design of the pharmaceutical container, and the steps involved in the reconstitution process. These claims provide a detailed description of how the invention is to be implemented and used.
Patent Family and Continuations
The patent is part of a larger family of patents, including continuations and continuations-in-part. For instance, it is a continuation of application No. 11/484,998, which is itself a continuation of application No. 12/882,850, and so on. This complex family structure indicates that the inventor and assignee have been actively developing and refining their inventions over several years[2][5].
Patent Term and Adjustments
The patent has undergone adjustments to its term due to delays during prosecution. The USPTO granted Patent Term Adjustment (PTA) under pre-AIA 35 U.S.C. ยง 154(b), which extended the patent term to compensate for the delays. This is a common practice to ensure that patent holders receive the full term of their patent rights despite administrative delays[1].
Obviousness-Type Double Patenting (ODP)
In the context of patent families, ODP is a critical issue. The Federal Circuit has ruled that ODP analysis must be performed on patents that have been granted PTA, ensuring that the patent term is not unjustly extended. This is relevant to patents like the '265 patent, which is part of a larger family with multiple continuations and adjustments[1].
Search and Analysis Tools
To conduct a thorough analysis of this patent, one can use various tools provided by the USPTO. The Patent Public Search tool, Global Dossier, and Common Citation Document (CCD) are invaluable resources for understanding the patent landscape, prior art, and the family relationships of the patent in question[4].
Patent Public Search
This tool allows for a detailed search of prior art and related patents, helping to identify the unique contributions of the '265 patent.
Global Dossier
This service provides access to the file histories of related applications from participating IP Offices, which can help in understanding the international patent landscape and any potential overlaps or conflicts.
Common Citation Document (CCD)
The CCD consolidates prior art cited by multiple offices, enabling a comprehensive view of the invention's novelty and non-obviousness.
Economic and Strategic Implications
Patent Scope and Claims
The scope and claims of the '265 patent are crucial for determining its economic value and strategic position. A broader scope can provide greater protection and market exclusivity, while narrower claims may limit the patent's impact but still offer significant protection against direct infringement[3].
Competitive Landscape
Understanding the competitive landscape involves analyzing other patents in the field, including those held by competitors. This can be done using the USPTO's Patent Claims Research Dataset, which provides detailed information on claims from US patents and applications[3].
Key Takeaways
- Complex Patent Family: The '265 patent is part of a complex family of patents with multiple continuations and adjustments.
- Detailed Claims: The patent includes specific independent and dependent claims that define the apparatus and method for reconstituting pharmaceuticals.
- Patent Term Adjustments: The patent term has been adjusted due to prosecution delays, ensuring full term protection.
- ODP Considerations: ODP analysis is crucial to avoid unjust term extensions in patent families.
- Advanced Search Tools: Utilizing USPTO tools like Patent Public Search, Global Dossier, and CCD is essential for thorough analysis.
FAQs
What is the main invention described in US Patent 7,806,265?
The main invention is an apparatus and method for reconstituting a pharmaceutical and preparing it for transient application, involving a tray with sealed compartments and specific containers for the pharmaceutical and reconstitution fluid.
How does the patent family structure affect the '265 patent?
The complex family structure indicates ongoing development and refinement of the invention, with multiple continuations and adjustments that can impact the patent term and scope.
What is the significance of Patent Term Adjustment (PTA) in this patent?
PTA ensures that the patent holder receives the full term of their patent rights despite delays during prosecution, which is critical for maintaining market exclusivity.
Why is ODP analysis important for this patent?
ODP analysis prevents the unjust extension of the patent term, ensuring that the patent does not remain in force longer than intended due to multiple related patents.
What tools can be used to analyze the patent landscape for this invention?
Tools such as the USPTO's Patent Public Search, Global Dossier, and Common Citation Document (CCD) are essential for a comprehensive analysis of the patent landscape and prior art.
Cited Sources
- In re Cellect - United States Court of Appeals for the Federal Circuit[1].
- US9205075B2 - United States Patent and Trademark Office[2].
- Patent Claims Research Dataset - United States Patent and Trademark Office[3].
- Search for patents - United States Patent and Trademark Office[4].
- US7806265B2 - Google Patents[5].
