United States Patent 8,227,471: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,227,471, titled "Treating sexual desire disorders with flibanserin," is a significant patent in the field of pharmaceuticals, particularly in the treatment of sexual desire disorders. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent, issued to the inventors associated with Boehringer Ingelheim, pertains to the use of flibanserin, or its pharmaceutically acceptable acid addition salts, for treating disorders of sexual desire. Flibanserin is known for its application in addressing hypoactive sexual desire disorder (HSDD) in women[4].
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific uses and formulations of flibanserin for treating sexual desire disorders.
Claims Overview
The patent includes multiple claims that detail the following:
- Active Ingredient: Flibanserin or its pharmaceutically acceptable acid addition salts.
- Therapeutic Use: The treatment of disorders of sexual desire, specifically hypoactive sexual desire disorder.
- Formulations: Various pharmaceutical formulations such as tablets, capsules, suppositories, and solutions, which can include additional ingredients like acids, bases, and inert diluents[4].
Key Claims
- Claim 1: The use of flibanserin or a pharmaceutically acceptable acid addition salt thereof for the treatment of disorders of sexual desire.
- Claim 2: Specific formulations including flibanserin and other substances like citric acid, hydrochloric acid, and fumaric acid.
- Claim 3: Methods of administration, including oral, parenteral, and topical routes[4].
Patent Claims Analysis
Claim Dependency
The claims are structured in a way that some claims depend on others, creating a hierarchical structure. For instance, Claim 2 depends on Claim 1, specifying particular formulations that fall under the broader use claim[4].
Claim Scope
The scope of the claims is broad enough to cover various aspects of treating sexual desire disorders but narrow enough to be specific about the use of flibanserin and its formulations. This balance is crucial for ensuring the patent's validity and enforceability.
Patent Landscape
Related Patents
There are several related patents that also pertain to the use of flibanserin for similar therapeutic purposes. For example:
- US Patent 9,468,639: Another patent related to treating sexual desire disorders with flibanserin, highlighting different aspects of its use and formulation[2].
- US Patent 10,098,876: This patent also deals with the treatment of sexual desire disorders using flibanserin, indicating a continued interest in this therapeutic area[5].
International Patent Landscape
The global patent landscape for flibanserin includes patents filed in various jurisdictions. For instance, the European Patent Office (EPO) and other international intellectual property offices have similar patents that reflect the global interest in this medication. Tools like the Global Dossier and Common Citation Document (CCD) provided by the USPTO facilitate the search and analysis of these international patents[1].
Search and Analysis Tools
USPTO Resources
The USPTO offers several tools for searching and analyzing patents, including:
- Patent Public Search: A modern interface for searching prior art and patent applications.
- Global Dossier: A service that provides access to file histories of related applications from participating IP offices.
- Common Citation Document (CCD): Consolidates citation data from multiple offices, aiding in the visualization of prior art[1].
International Databases
Databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) are essential for a comprehensive search of international patents related to flibanserin[1].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from US patents, including those related to pharmaceuticals. This dataset can be used to analyze trends and scope measurements of patents, offering insights into the patent landscape and the evolution of claims over time[3].
Economic Impact
Patents like US 8,227,471 have significant economic implications, as they protect the intellectual property of pharmaceutical companies and influence the development and marketing of new drugs. The exclusivity provided by these patents can drive innovation but also affects the availability and pricing of medications.
Key Takeaways
- Specific Use: The patent is specific to the use of flibanserin for treating sexual desire disorders.
- Formulations and Administration: It covers various pharmaceutical formulations and methods of administration.
- Related Patents: There are several related patents that expand on the therapeutic use of flibanserin.
- Global Landscape: The patent is part of a broader global landscape of intellectual property related to flibanserin.
- Economic Impact: The patent has significant economic implications for the pharmaceutical industry.
FAQs
Q: What is the primary use of flibanserin as described in US Patent 8,227,471?
A: The primary use is for the treatment of disorders of sexual desire, specifically hypoactive sexual desire disorder.
Q: What are the different formulations of flibanserin mentioned in the patent?
A: The patent mentions various formulations including tablets, capsules, suppositories, and solutions, which can include additional ingredients like acids and inert diluents.
Q: How can one search for related international patents?
A: Tools like the Global Dossier and Common Citation Document (CCD) provided by the USPTO, along with databases from other international intellectual property offices, can be used to search for related international patents.
Q: What is the economic impact of patents like US 8,227,471?
A: These patents protect intellectual property, drive innovation, and can influence the availability and pricing of medications.
Q: Where can one find detailed information on claims from US patents?
A: The USPTO's Patent Claims Research Dataset provides detailed information on claims from US patents, including those related to pharmaceuticals.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Google Patents - US9468639B2: https://patents.google.com/patent/US9468639B2/en
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US8227471B2: https://patents.google.com/patent/US8227471B2/en
- Justia Patents - US Patent 10,098,876: https://patents.justia.com/patent/10098876
