United States Patent 8,071,577: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,071,577, titled "Multi-phase contraceptive preparation based on a natural estrogen," is a significant patent held by Bayer Pharma AG. This patent pertains to a multiphase oral contraceptive that combines natural estrogens with synthetic progestogens, offering improved contraceptive reliability and reduced side effects.
Background of the Patent
The patent was filed on April 20, 2004, and granted on December 6, 2011. It is part of a series of patents related to Bayer's oral contraceptive drug, Natazia[2].
Scope of the Patent
Multiphase Contraceptive Preparation
The patent describes a multiphase product for contraception that utilizes a combination of natural estrogens and synthetic progestogens. This multiphase approach is designed to enhance contraceptive reliability throughout the menstrual cycle and improve cyclic bleeding behavior[1].
Phases of the Contraceptive
The multiphase product is divided into several phases:
- First Phase: Consists of 2 to 4 daily dose units, each containing exclusively natural estrogens.
- Second Phase: Divided into two groups of daily dose units. The first group includes 5 to 3 daily dose units, and the second group includes 17 to 13 daily dose units. Both groups contain a combination of at least one natural estrogen and at least one synthetic or natural progestogen[1].
Claims of the Patent
The patent includes several claims that define the scope of the invention:
- Claim 1: Describes the multiphase product with specific daily dose units containing natural estrogens and synthetic progestogens.
- Subsequent Claims: Detail the composition, dosage, and administration of the multiphase product, including the types and amounts of active ingredients in each phase[1].
Benefits of the Invention
The multiphase contraceptive preparation offers several benefits:
- Improved Contraceptive Reliability: Enhanced effectiveness in preventing pregnancy throughout the menstrual cycle.
- Better Cyclic Bleeding Behavior: More predictable and manageable menstrual bleeding.
- Reduced Side Effects: Minimization or elimination of side effects such as breast tenderness, headaches, depressive moods, and libido changes[1].
Patent Landscape
Related Patents and Applications
The patent is part of a broader family of patents and applications filed by Bayer Pharma AG. These include:
- US11/578,771: The original application filed on April 20, 2004.
- US12/726,799 and US13/020,913: Subsequent applications that were eventually abandoned but are part of the same patent family[1].
International Patent Filings
The patent has been filed in multiple countries, including Europe, Japan, Korea, China, and others, indicating a global strategy for intellectual property protection. This includes filings such as EP 1740163B2 in Europe and JP4908399B2 in Japan[1].
Litigation and Enforcement
Bayer Pharma AG has been involved in litigation to enforce this patent, notably in the case of Bayer Pharma AG v. Watson Labs., Inc., where Bayer alleged infringement of U.S. Patent No. 8,071,577 by Watson Laboratories[2][5].
Impact on the Pharmaceutical Industry
The patent has significant implications for the pharmaceutical industry, particularly in the development and marketing of oral contraceptives:
- Innovation in Contraceptives: The use of natural estrogens combined with synthetic progestogens represents an innovative approach to contraceptive formulation.
- Market Competition: The patent provides Bayer with a competitive edge in the market for oral contraceptives, allowing the company to differentiate its product based on its unique formulation and benefits[1].
Conclusion
United States Patent 8,071,577 is a critical patent in the field of oral contraceptives, offering a multiphase product that enhances contraceptive reliability and reduces side effects. The patent's scope, claims, and global filings highlight its significance in the pharmaceutical industry.
Key Takeaways
- The patent describes a multiphase oral contraceptive using natural estrogens and synthetic progestogens.
- It improves contraceptive reliability and cyclic bleeding behavior while minimizing side effects.
- The patent is part of a broader family of patents and has been filed internationally.
- Bayer has enforced this patent through litigation.
- The patent has significant implications for innovation and competition in the pharmaceutical industry.
FAQs
What is the main innovation of U.S. Patent 8,071,577?
The main innovation is the use of a multiphase approach combining natural estrogens with synthetic progestogens to enhance contraceptive reliability and reduce side effects.
Which company holds U.S. Patent 8,071,577?
Bayer Pharma AG holds this patent.
What are the benefits of the multiphase contraceptive preparation described in the patent?
The benefits include improved contraceptive reliability, better cyclic bleeding behavior, and reduced side effects such as breast tenderness, headaches, and depressive moods.
Has Bayer been involved in any litigation related to this patent?
Yes, Bayer has been involved in litigation, notably in the case of Bayer Pharma AG v. Watson Labs., Inc.
Where else has this patent been filed besides the United States?
The patent has been filed in multiple countries including Europe, Japan, Korea, China, and others.
Sources
- Google Patents: US8071577B2 - Multi-phase contraceptive preparation based on a natural estrogen.
- Casetext: Bayer Pharma AG v. Watson Labs., Inc.
- USPTO: Patent Claims Research Dataset.
- USPTO: Search for patents.
- Vlex: Bayer Pharma AG v. Watson Labs., Inc. - Federal Cases - Case Law.