|
Patent landscape, scope, and claims: |
United States Patent 8,119,148: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,119,148, titled "Suspension comprising oxcarbazepine," is a patent that pertains to a pharmaceutical composition. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Invention
The patent, granted to its inventors, describes a pharmaceutical composition in the form of a suspension that includes oxcarbazepine, a medication used primarily for the treatment of partial seizures and other seizure disorders. The invention aims to improve the formulation and stability of oxcarbazepine suspensions, making them more effective and easier to administer[5].
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific elements and limitations of the invention. Here are some key aspects:
Claims Overview
- The patent includes multiple claims that describe the composition, method of preparation, and characteristics of the oxcarbazepine suspension.
- Claim 1 typically sets the broadest scope, describing the suspension as comprising oxcarbazepine, a preservative agent, a sweetening agent, a flavoring agent, and a cosolvent, among other components[5].
Key Components
- Oxcarbazepine: The active ingredient, which is a known antiepileptic drug.
- Preservative Agent: To extend the shelf life of the suspension.
- Sweetening Agent: To improve the taste, making it more palatable.
- Flavoring Agent: To enhance the flavor.
- Cosolvent: To improve the solubility of oxcarbazepine in the suspension[5].
Claims Analysis
Independent Claims
- Claim 1 is the independent claim that sets the foundation for the invention. It describes the suspension composition in detail, including the presence of oxcarbazepine, preservative agents, sweetening agents, flavoring agents, and cosolvents.
- Other independent claims may include variations in the method of preparation or specific ratios of the components.
Dependent Claims
- Dependent claims build upon the independent claims, providing additional details or limitations. For example, a dependent claim might specify a particular type of preservative or sweetening agent used in the suspension[5].
Patent Landscape
Prior Art and Related Patents
- The patent landscape for oxcarbazepine formulations is extensive, with numerous patents and publications related to antiepileptic drugs and their formulations.
- Prior art includes other suspension formulations, tablets, and capsules containing oxcarbazepine, each with their own unique characteristics and advantages[2].
Competing Patents
- Other patents in the same field may cover different aspects of oxcarbazepine formulations, such as extended-release formulations, solid dispersions, or other delivery systems.
- For instance, patents like US8119148B2 are part of a larger family of patents related to pharmaceutical compositions, each contributing to the overall innovation in the field[5].
Regulatory and Legal Considerations
Patent Term and Adjustments
- The patent term for US8119148B2 would typically be 20 years from the filing date, subject to any patent term adjustments (PTA) or extensions granted due to delays in the prosecution process or regulatory reviews[1].
Obviousness-Type Double Patenting (ODP)
- In cases where multiple patents are derived from the same application or family, ODP analysis becomes crucial to ensure that the claims do not overlap in a way that would render them invalid. This is particularly relevant in pharmaceutical patents where multiple formulations or methods might be claimed[1].
Economic and Market Impact
Market Demand
- The demand for effective and stable oxcarbazepine formulations is significant, given the prevalence of epilepsy and the need for reliable treatment options.
- The market for antiepileptic drugs is competitive, with various formulations vying for market share based on efficacy, safety, and patient compliance[3].
Innovation and Competition
- Patents like US8119148B2 drive innovation by protecting novel formulations and encouraging further research and development.
- The presence of multiple patents in the field indicates a dynamic and competitive market where companies continually strive to improve existing treatments and develop new ones[3].
Search and Analysis Tools
USPTO Resources
- The United States Patent and Trademark Office (USPTO) provides several tools for searching and analyzing patents, including the Patent Public Search tool, Global Dossier, and the Patent Examination Data System (PEDS)[4].
International Patent Databases
- For a comprehensive analysis, one can also use international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[4].
Conclusion and Future Directions
The patent US8119148B2 is a significant contribution to the field of pharmaceutical formulations, particularly for antiepileptic drugs. Understanding its scope, claims, and the broader patent landscape is crucial for researchers, manufacturers, and legal professionals.
Key Takeaways
- Invention Scope: The patent covers a specific suspension formulation of oxcarbazepine.
- Claims Analysis: Independent and dependent claims define the invention's boundaries.
- Patent Landscape: The patent is part of a larger landscape of pharmaceutical formulations.
- Regulatory Considerations: Patent term adjustments and ODP analysis are important.
- Market Impact: The patent contributes to innovation and competition in the antiepileptic drug market.
FAQs
1. What is the primary active ingredient in the suspension described in US8119148B2?
The primary active ingredient is oxcarbazepine, an antiepileptic drug.
2. What are the key components of the suspension formulation?
The key components include oxcarbazepine, a preservative agent, a sweetening agent, a flavoring agent, and a cosolvent.
3. How does the patent term for US8119148B2 get adjusted?
The patent term can be adjusted due to delays in the prosecution process or regulatory reviews, as per 35 U.S.C. ยง 154(b)[1].
4. What is the significance of ODP analysis in pharmaceutical patents?
ODP analysis ensures that multiple patents derived from the same application or family do not have overlapping claims that could render them invalid[1].
5. Where can one find detailed information on claims from US patents?
Detailed information on claims from US patents can be found in the Patent Claims Research Dataset provided by the USPTO[3].
Cited Sources:
- In re Cellect - United States Court of Appeals for the Federal Circuit
- US8119148B2 - Suspension comprising oxcarbazepine - Google Patents
- Patent Claims Research Dataset - USPTO
- Search for patents - USPTO
- US8119148B2 - Suspension comprising oxcarbazepine - Google Patents
More… ↓
⤷ Subscribe
|
