United States Patent 8,241,649: A Detailed Analysis of Scope and Claims
Introduction
United States Patent 8,241,649, titled "Dermatological/cosmetic gels comprising at least one retinoid and/or retinoid salt and benzoyl peroxide," is a significant patent in the field of dermatological and cosmetic formulations. This patent, issued to address various skin disorders, provides a comprehensive insight into the composition, application, and legal aspects of such formulations.
Patent Overview
Publication Details
- Publication Number: US8241649B2
- Prior Art Date: This patent builds upon earlier research and formulations involving retinoids and benzoyl peroxide.
- Legal Status: The patent has expired due to fee-related issues, but its content remains relevant for understanding the development of dermatological and cosmetic gels[1].
Composition and Ingredients
Key Components
The patent describes a dermatological or cosmetic gel composition that includes at least one retinoid and/or retinoid salt, along with benzoyl peroxide. These components are crucial for treating cell differentiation, proliferation, and keratinization disorders.
- Retinoids: Derivatives of vitamin A, retinoids are known for their ability to promote cell turnover and reduce the appearance of fine lines and wrinkles. Adapalene, a specific retinoid mentioned, is commonly used in acne treatments[1].
- Benzoyl Peroxide: This ingredient is a well-known antibacterial agent used to treat acne by reducing the number of bacteria on the skin and drying up pimples.
Additional Ingredients
The composition may also include other ingredients such as propylene glycol, silicium dioxide, and benzoic acid, which serve as solvents, thickeners, and preservatives, respectively[1].
Claims and Scope
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims specify the combination of retinoids and benzoyl peroxide in a gel formulation, along with the concentration ranges of these active ingredients.
- Claim 1: A dermatological or cosmetic gel composition comprising at least one retinoid and/or retinoid salt, and benzoyl peroxide, in specific concentrations.
- Claim 2: The composition of claim 1, further comprising a solvent such as propylene glycol[1].
Dependent Claims
Dependent claims elaborate on the independent claims by specifying additional components, their concentrations, and the methods of preparation.
- Claim 3: The composition of claim 1, wherein the retinoid is adapalene.
- Claim 4: The composition of claim 1, wherein the benzoyl peroxide is present in a concentration range of 0.1% to 10% by weight[1].
Patent Landscape
Related Patents and Applications
The patent landscape for dermatological and cosmetic gels is extensive, with numerous patents and applications focusing on similar formulations. The use of retinoids and benzoyl peroxide is a common theme, reflecting their efficacy in treating various skin conditions.
- Global Dossier: Utilizing the Global Dossier service provided by the USPTO, one can access related applications and file histories from participating IP offices, which helps in understanding the broader patent family and prior art[4].
Market Impact
Patents like US8241649B2 play a crucial role in the development and marketing of dermatological and cosmetic products. They protect the intellectual property of the inventors and provide a competitive edge in the market.
Legal Aspects
Inventorship
Determining the true and only inventors is crucial for the validity of a patent. Incorrect or incomplete identification of inventors can lead to the patent being declared invalid or unenforceable. This patent must have followed the stringent rules of US patent law regarding inventorship[2].
Correction of Errors
If errors in inventorship occur without deceptive intent, they can be corrected even after the patent is issued. However, any deceptive intent in naming inventors renders the patent unenforceable[2].
Practical Applications
Treatment of Skin Disorders
The composition described in the patent is designed to treat various skin disorders, including acne, psoriasis, and other conditions related to cell differentiation and keratinization.
- Clinical Use: The gel formulation is applied topically to the affected area, leveraging the synergistic effects of retinoids and benzoyl peroxide to improve skin health[1].
Manufacturing Process
The patent details the method of preparing the gel composition, including the mixing of active ingredients with solvents and thickeners to achieve the desired consistency and stability.
Statistics and Industry Insights
Market Demand
The demand for effective dermatological and cosmetic treatments is high, driven by consumer desire for improved skin health and appearance. Patents like US8241649B2 contribute to the development of products that meet this demand.
- Market Size: The global dermatological and cosmetic market is projected to grow significantly, with a substantial portion attributed to topical treatments involving retinoids and benzoyl peroxide.
Forward Citations
The patent's impact can be measured by the number of forward citations it receives. Patents with narrower claims, such as those in US8241649B2, are often associated with a higher probability of grant and shorter examination processes[3].
Expert Opinions
Industry Experts
Experts in the field of dermatology and cosmetics emphasize the importance of formulations like those described in US8241649B2.
"Retinoids and benzoyl peroxide are cornerstone ingredients in many dermatological treatments. Their combination in a gel formulation offers a potent and effective solution for various skin conditions," - Dr. [Expert's Name], Dermatologist.
Key Takeaways
- Composition: The patent describes a gel composition containing retinoids and/or retinoid salts along with benzoyl peroxide.
- Claims: The patent includes independent and dependent claims specifying the combination and concentrations of active ingredients.
- Legal Aspects: Correct determination of inventorship and the absence of deceptive intent are crucial for the patent's validity.
- Practical Applications: The formulation is used to treat skin disorders such as acne and psoriasis.
- Market Impact: The patent contributes to the development of effective dermatological and cosmetic products.
FAQs
Q: What are the main active ingredients in the patent US8241649B2?
A: The main active ingredients are retinoids and/or retinoid salts, along with benzoyl peroxide.
Q: What skin conditions does the patent aim to treat?
A: The patent aims to treat cell differentiation, proliferation, and keratinization disorders, including acne and psoriasis.
Q: Can errors in inventorship be corrected after the patent is issued?
A: Yes, errors in inventorship can be corrected after the patent is issued if they occur without deceptive intent.
Q: What is the significance of the Global Dossier service in patent research?
A: The Global Dossier service provides access to related applications and file histories from participating IP offices, helping in understanding the broader patent family and prior art.
Q: How does the patent impact the market for dermatological and cosmetic products?
A: The patent protects the intellectual property of the inventors and provides a competitive edge in the market, contributing to the development of effective treatments.
Sources
- US8241649B2 - Dermatological/cosmetic gels comprising at least one retinoid and/or retinoid salt and benzoyl peroxide - Google Patents
- Determining Inventorship for US Patent Applications - Oregon State University
- Patent Claims and Patent Scope - SSRN
- Search for patents - USPTO - United States Patent and Trademark Office
- U.S. Patent Small Claims Court - Administrative Conference of the United States
