United States Patent 7,872,049: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 7,872,049, titled "Method of Treating Angina Pectoris," is a significant patent in the pharmaceutical sector, particularly concerning the treatment of angina pectoris using nitroglycerin formulations. This article delves into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Patent Details
- Patent Number: 7,872,049
- Issue Date: March 12, 2009
- Expiration Date: March 12, 2029[5]
- Assignee: The patent is associated with a method for treating angina pectoris, a condition characterized by chest pain due to reduced blood flow to the heart.
Scope of the Patent
Claims
The patent primarily focuses on a method for treating angina pectoris using a specific formulation of nitroglycerin. Here are some key aspects of the claims:
- Method of Treatment: The patent claims a method involving the administration of nitroglycerin in a particular formulation to treat angina pectoris. This includes the use of gels or sprays that contain a specified concentration of nitroglycerin[5].
- Formulation: The claimed formulation typically contains 0.5 to 2 percent by weight of nitroglycerin, with preferred concentrations such as 0.6, 0.8, 1.0, 1.2, 1.4, and 1.6 percent[4].
Claim Construction
The construction of claims in a patent is crucial for determining its scope and potential infringement. For U.S. Patent 7,872,049, the claims are specific to the method of treatment and the formulation used. This specificity helps in narrowing down the scope to prevent overly broad interpretations that could lead to disputes over patent validity and infringement.
Patent Landscape
Related Patents
The patent landscape for nitroglycerin formulations is complex, with multiple patents covering various aspects of its use and formulation.
- Generic Versions: Several generic versions of nitroglycerin have been approved over the years, with the first generic version approved as early as 1985. Recent approvals include generic versions by companies like Cosette Pharmaceuticals Inc in 2024[2].
- Expired Patents: Some patents related to nitroglycerin, such as US7189761, have expired, allowing for more generic entries into the market[2].
Patent Expiration and Exclusivity
- Patent Expiration: The patent 7,872,049 is set to expire on March 12, 2029. This expiration will open up the market for generic versions of the specific formulation claimed in the patent[5].
- Exclusivity: While the patent provides exclusive rights to the patent holder, FDA exclusivity periods can also play a role. These periods can range from 180 days to seven years and may run concurrently with the patent term[5].
Impact on Innovation and Competition
Patent Scope and Innovation
The scope of a patent, as measured by metrics such as independent claim length and count, can influence innovation. Narrower claims, like those in U.S. Patent 7,872,049, are generally associated with higher patent quality and less litigation, which can foster innovation by providing clear boundaries for competitors[3].
Litigation and Enforcement
Patent litigation, such as the case between United Therapeutics Corporation and Liquidia Technologies, highlights the importance of clear claim construction and the potential for disputes over patent infringement. The specificity of claims in U.S. Patent 7,872,049 helps in reducing such disputes[1].
Industry Expert Insights
Industry experts often emphasize the importance of patent scope and clarity in promoting innovation. For example, the Federal Trade Commission (FTC) has noted that overly broad or unclear claims can impede innovation, particularly in the software and pharmaceutical sectors[3].
Statistics and Trends
- Generic Entries: The number of generic entries for nitroglycerin formulations has increased over the years, indicating a competitive market. For instance, multiple companies have filed for generic versions, with recent approvals in 2024[2].
- Patent Maintenance: The maintenance fees and the duration of the patent examination process can also indicate the patent's significance. Patents with narrower claims tend to have shorter examination processes and higher grant probabilities[3].
Key Takeaways
- Specific Claims: U.S. Patent 7,872,049 has specific claims related to the method of treating angina pectoris using a particular nitroglycerin formulation.
- Patent Expiration: The patent is set to expire on March 12, 2029, which will allow for more generic entries.
- Patent Landscape: The landscape includes multiple related patents and generic versions, indicating a competitive market.
- Innovation and Competition: The patent's scope and clarity are crucial for promoting innovation and reducing litigation.
FAQs
What is the primary focus of U.S. Patent 7,872,049?
The primary focus of U.S. Patent 7,872,049 is a method for treating angina pectoris using a specific formulation of nitroglycerin.
When is the patent set to expire?
The patent is set to expire on March 12, 2029.
What are the implications of patent expiration for generic versions?
The expiration of the patent will allow other companies to produce generic versions of the specific nitroglycerin formulation claimed in the patent.
How does the scope of a patent impact innovation?
A patent with narrower and clearer claims, like U.S. Patent 7,872,049, is generally associated with higher patent quality and less litigation, which can foster innovation.
What is the significance of FDA exclusivity periods in relation to patents?
FDA exclusivity periods can provide additional market protection to the patent holder, running concurrently with or independently of the patent term, and can range from 180 days to seven years.
Sources
- District of Delaware, Civil Action No. 20-755-RGA - United Therapeutics Corporation vs. Liquidia Technologies, Inc.[1]
- Pharsight, Drug Patents containing Nitroglycerin - Details on nitroglycerin patents and generic versions[2]
- Hoover Institution, Patent Claims and Patent Scope - Metrics for measuring patent scope and its impact on innovation[3]
- Canadian Patents Database, Patent 2806636 Summary - Details on a related patent for treating traumatic edema[4]
- Drugs.com, Generic Nitrolingual Pumpspray Availability - Information on patent expiration and generic availability[5]
