Details for Patent: 8,173,707

Which drugs does patent 8,173,707 protect, and when does it expire?

Patent 8,173,707 protects OMIDRIA and is included in one NDA.

Protection for OMIDRIA has been extended six months for pediatric studies, as indicated by the *PED designation in the table below.

This patent has twenty-nine patent family members in fourteen countries.

Summary for Patent: 8,173,707

Title:	Ophthalmologic irrigation solutions and method
Abstract:	Solutions for perioperative intraocular application by continuous irrigation during ophthalmologic procedures are provided. These solutions include multiple agents that act to inhibit inflammation, inhibit pain, effect mydriasis (dilation of the pupil), and/or decrease intraocular pressure, wherein the multiple agents are selected to target multiple molecular targets to achieve multiple differing physiologic functions, and are included in dilute concentrations in a balanced salt solution carrier.
Inventor(s):	Demopulos; Gregory A. (Mercer Island, WA), Palmer; Pamela Pierce (San Francisco, CA), Herz; Jeffrey M. (Mill Creek, WA)
Assignee:	Omeros Corporation (Seattle, WA)
Application Number:	12/799,981
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 8,173,707
Patent Claim Types: see list of patent claims	Use; Composition; Formulation;

Analyzing the Scope and Claims of United States Patent 8,173,707

Introduction

Understanding the scope and claims of a patent is crucial for inventors, businesses, and legal professionals. This article will delve into the specifics of United States Patent 8,173,707, exploring its claims, scope, and the broader patent landscape.

What is United States Patent 8,173,707?

To begin, it is essential to identify the subject matter of the patent. However, without specific details provided in the query, we will use general principles to analyze a hypothetical patent, using the patent number as a reference point.

Patent Claims

Patent claims are the heart of any patent, defining the scope of the invention and what is protected by the patent. Here are some key points to consider:

Independent and Dependent Claims

• Independent claims stand alone and define the invention without reference to other claims. They are typically broader and more comprehensive[3].
• Dependent claims, on the other hand, refer back to and further limit the independent claims, often adding specific details or variations.

Claim Language and Scope

The scope of a patent is often debated in terms of its breadth and clarity. Metrics such as independent claim length and independent claim count can be used to measure patent scope. Broader claims can lead to longer examination processes and higher litigation risks, while narrower claims may result in a higher probability of grant and shorter examination times[3].

Patent Scope

The scope of a patent determines what is protected and what is not. Here are some aspects to consider:

Breadth of Claims

• The breadth of claims can affect the patent's validity and enforceability. Overly broad claims may be challenged for lack of clarity or overreach, while narrow claims may not provide sufficient protection[3].

Forward Citations

• Forward citations, or the number of times a patent is cited by later patents, can indicate the patent's impact and relevance in its field. Higher forward citations often suggest a more significant and influential invention[3].

Patent Landscape

The patent landscape includes the broader context in which the patent exists, including related patents, industry trends, and legal frameworks.

Global Dossier

• The Global Dossier service provided by the USPTO allows users to view the file histories of related applications from participating IP Offices. This can help in understanding the global patent family and related applications[1].

Public Search Facilities

• The USPTO Public Search Facility offers access to patent and trademark information, enabling thorough research on existing patents and applications. This resource is invaluable for understanding the patent landscape and ensuring novelty[1].

Determining Inventorship

Correctly identifying the inventors is crucial for the validity of the patent.

True and Only Inventors

• US patent law requires that only the true and only inventors be listed on the patent application. Incorrect inventorship can lead to the patent being invalidated[5].

Conception and Reduction to Practice

• Inventorship involves both the conception of the idea and the reduction of the idea to practice. Both steps are essential for determining who should be listed as an inventor[5].

Geographical Distribution and Technology Fields

Understanding the geographical and technological context of the patent can provide insights into its significance and impact.

Patent Intensity

• Patent intensity, measured as the number of patents issued per population, can indicate regions of high innovation activity. This data is often classified using the International Patent Classification (IPC) system[4].

Technology Areas

• Patents are classified into various technology areas based on the WIPO classification system. This helps in analyzing trends and patterns in different technological fields[4].

Legal and Administrative Aspects

The legal and administrative processes surrounding patents are complex and critical.

USPTO Role

• The USPTO is responsible for granting patents and registering trademarks. It provides various services, including the Global Dossier and public search facilities, to facilitate the patent process[2].

Correction of Errors

• Errors in inventorship or other aspects of the patent application can often be corrected, but it is crucial to address these issues promptly to avoid legal complications[5].

Case Study: Analyzing Patent 8,173,707

While specific details of Patent 8,173,707 are not provided, here is how one might analyze it:

Claim Analysis

• Review the independent and dependent claims to understand the scope of the invention.
• Analyze the claim language for breadth and clarity.

Scope and Impact

• Evaluate the patent's scope using metrics like independent claim length and forward citations.
• Assess the patent's impact by looking at forward citations and its position within the patent landscape.

Inventorship

• Verify that the listed inventors are the true and only inventors of the patentable subject matter.
• Ensure that both conception and reduction to practice are attributed to the correct individuals.

Geographical and Technological Context

• Determine the geographical distribution of the inventors and the technological field in which the patent is classified.
• Use tools like the Global Dossier and PatentsView to analyze related patents and trends.

Key Takeaways

• Patent Claims: Independent and dependent claims define the invention's scope.
• Patent Scope: Metrics like claim length and forward citations help measure the scope and impact.
• Inventorship: Correct identification of inventors is crucial for patent validity.
• Patent Landscape: Global Dossier and public search facilities aid in understanding related patents and trends.
• Legal and Administrative Aspects: The USPTO plays a central role, and correcting errors promptly is essential.

FAQs

1. What is the significance of independent claims in a patent?

   • Independent claims define the invention without reference to other claims and are typically broader and more comprehensive.

2. How can the scope of a patent be measured?

   • Metrics such as independent claim length and independent claim count, as well as forward citations, can be used to measure patent scope.

3. Why is correct inventorship important for a patent?

   • Incorrect inventorship can lead to the patent being invalidated, so it is crucial to list only the true and only inventors.

4. What is the Global Dossier service provided by the USPTO?

   • The Global Dossier service allows users to view the file histories of related applications from participating IP Offices, providing a comprehensive view of the patent family.

5. How does the USPTO classify patents by technology fields?

   • The USPTO uses the International Patent Classification (IPC) system to classify patents into various technology areas, enabling the analysis of trends and patterns in different fields.

Sources

1. USPTO - Search for patents
2. USA.gov - U.S. Patent and Trademark Office (USPTO)
3. SSRN - Patent Claims and Patent Scope
4. NCSES - Invention, Knowledge Transfer, and Innovation
5. Oregon State University - Determining Inventorship for US Patent Applications

Drugs Protected by US Patent 8,173,707

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Rayner Surgical	OMIDRIA	ketorolac tromethamine; phenylephrine hydrochloride	SOLUTION;IRRIGATION	205388-001	May 30, 2014	AT	RX	Yes	Yes

International Family Members for US Patent 8,173,707

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	1534313		CA 2015 00072	Denmark
European Patent Office	1534313		92923	Luxembourg
European Patent Office	1534313		15C0090	France
European Patent Office	1534313		C20150054 00179	Estonia
European Patent Office	1534313		300784	Netherlands
European Patent Office	1534313		122015000111	Germany