Analyzing the Scope and Claims of United States Patent 7,887,844
Introduction
United States Patent 7,887,844, titled "Multiparticulate crystalline drug compositions having controlled release profiles," is a significant patent in the pharmaceutical industry. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Title and Abstract
The patent, granted on February 15, 2011, pertains to multiparticulate crystalline drug compositions designed to achieve controlled release profiles. The abstract outlines the invention's focus on creating formulations that ensure the drug is released in a controlled manner, enhancing efficacy and reducing side effects[2].
Claims Analysis
Independent and Dependent Claims
The patent includes a series of independent and dependent claims that define the scope of the invention. Independent claims typically outline the broadest aspects of the invention, while dependent claims narrow down the scope by adding specific details.
- Independent Claims: These claims define the core elements of the multiparticulate crystalline drug compositions, including the type of drug, the crystalline form, and the controlled release mechanism.
- Dependent Claims: These claims specify additional features such as the size of the multiparticulates, the type of excipients used, and the method of manufacture.
Claim Construction
Understanding the claim construction is crucial for determining the patent's scope. Claim construction involves interpreting the language of the claims to identify the invention's boundaries. This process is often subject to legal interpretation and can be a key factor in patent litigation.
Scope of the Patent
Technical Scope
The technical scope of the patent encompasses the specific formulations and methods described. It includes:
- Drug Composition: The patent covers compositions containing crystalline drugs formulated into multiparticulates.
- Controlled Release: The invention focuses on achieving controlled release profiles, which is critical for maintaining therapeutic efficacy and minimizing side effects.
- Manufacturing Process: The patent also describes the methods for preparing these compositions, including the use of specific excipients and processing techniques.
Legal Scope
The legal scope is defined by the claims and the interpretation of those claims. It determines what would be considered an infringement of the patent. This includes:
- Claim Limitations: The specific limitations outlined in the claims, such as the type of drug and the release profile, define what is protected.
- Equivalents: The doctrine of equivalents may also extend the scope to include variations that are substantially equivalent to the claimed invention.
Patent Landscape
Prior Art and Related Patents
Understanding the prior art and related patents is essential for assessing the novelty and non-obviousness of the invention. Tools like the USPTO's Patent Public Search and the Common Citation Document (CCD) can help identify prior art and related patents[1][4].
- Global Dossier: This service provides access to the file histories of related applications from participating IP Offices, helping to identify similar inventions and office actions[1].
- International Patent Offices: Searching databases from other international patent offices, such as the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO), can reveal global prior art[1].
Competing Patents
Identifying competing patents in the same field can provide insights into the competitive landscape. For example:
- Similar Drug Compositions: Patents covering similar drug compositions or controlled release mechanisms can indicate potential competitors or collaborators.
- Technological Trends: Analyzing trends in patent filings can reveal the direction of innovation in the field.
Search and Analysis Tools
USPTO Resources
The USPTO offers several resources for searching and analyzing patents:
- Patent Public Search: A powerful tool for searching prior art and related patents[1].
- Patent and Trademark Resource Centers (PTRCs): These centers provide local search resources and training in patent search techniques[1].
International Resources
- WIPO PATENTSCOPE: Provides full-text search of international patent applications and granted patents from over 100 patent-granting authorities[4].
- European Patent Office (EPO) esp@cenet: Offers access to Europe's patent databases and machine translations of European patents[1].
Economic and Market Impact
Market Dominance
Patents like US 7,887,844 can significantly impact market dominance by providing exclusive rights to the inventor. This can lead to:
- Monopoly on Specific Formulations: The patent holder has exclusive rights to the specific multiparticulate crystalline drug compositions described.
- Innovation Incentives: The patent incentivizes further innovation by protecting the inventor's investment in research and development.
Licensing and Collaboration
The patent can also facilitate licensing agreements and collaborations:
- Licensing Revenue: The patent holder can generate revenue by licensing the technology to other companies.
- Collaborative Research: The patent can serve as a basis for collaborative research and development with other companies or research institutions.
Key Takeaways
- Detailed Claims: The patent includes specific independent and dependent claims that define the scope of the invention.
- Controlled Release: The invention focuses on achieving controlled release profiles for crystalline drug compositions.
- Broad Patent Landscape: The patent is part of a broader landscape that includes prior art, related patents, and competing technologies.
- Market Impact: The patent can significantly impact market dominance and facilitate licensing and collaboration.
FAQs
What is the main focus of United States Patent 7,887,844?
The main focus of the patent is on multiparticulate crystalline drug compositions designed to achieve controlled release profiles.
How can one search for related patents?
One can use tools like the USPTO's Patent Public Search, Global Dossier, and international databases such as WIPO PATENTSCOPE and EPO esp@cenet.
What is the significance of claim construction in patent analysis?
Claim construction is crucial for determining the scope of the patent and identifying what would be considered an infringement.
How does this patent impact market dominance?
The patent provides exclusive rights to the inventor, allowing for potential market dominance through monopoly on specific formulations and generating licensing revenue.
What resources are available for analyzing the patent landscape?
Resources include the USPTO's Patent Public Search, PTRCs, Global Dossier, and international databases like WIPO PATENTSCOPE and EPO esp@cenet.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- DrugPatentWatch - Patent 7,887,844: https://www.drugpatentwatch.com/p/patent/7887844
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Clemson University - Advanced Patent Searching: https://clemson.libguides.com/advanced_patent_searching
