Details for Patent: 8,299,052

Which drugs does patent 8,299,052 protect, and when does it expire?

Patent 8,299,052 protects MOXATAG and is included in one NDA.

This patent has eleven patent family members in six countries.

Summary for Patent: 8,299,052

Title:	Pharmaceutical compositions and methods for improved bacterial eradication
Abstract:	A process for treating a bacterial infection with an antibiotic, comprising: administering to a patient with a bacterial infection a product that includes a modified release dosage form containing an antibiotic, said product being administered once-a-day in a dosage and for a number of days that provides a Total T>MIC sufficient to achieve at least the minimum amount of bacterial eradication for treatment of said bacterial infection.
Inventor(s):	Flanner; Henry H. (Montgomery Village, MD), Guttendorf; Robert (Gaithersburg, MD), Treacy; Donald (Woodbine, MD), Clausen; Susan P. (Ijamsville, MD), Burnside; Beth A. (Bethesda, MD)
Assignee:	Shionogi Inc. (Florham Park, NJ)
Application Number:	11/800,574
Patent Claim Types: see list of patent claims	Use; Dosage form; Process;

Understanding the Scope and Claims of United States Patent 8,299,052

Introduction

United States Patent 8,299,052, like any other patent, is a complex document that outlines the invention, its claims, and the scope of protection it offers. To analyze this patent, we need to delve into its specifics, including the technology area it belongs to, the claims it makes, and how it fits into the broader patent landscape.

Patent Overview

Patent Number and Title

• The patent in question is U.S. Patent 8,299,052. While the specific title is not provided here, patents typically have titles that succinctly describe the invention.

Issuance and Expiration Dates

• Patents are issued for a specific period, usually 20 years from the filing date. For U.S. Patent 8,299,052, the issuance date and expiration date are crucial for understanding its current status and future implications. For example, if the patent was issued in 2012, it would likely expire in 2032, assuming no extensions or adjustments[5].

Technology Area

Classification Under WIPO

• Patents are classified under the World Intellectual Property Organization (WIPO) classification system, which includes 35 International Patent Classification (IPC) technical fields. Understanding the specific IPC classification helps in identifying the broader technology area the patent belongs to. For instance, patents related to pharmaceuticals would fall under the "Chemical" or "Drugs and Medical" categories[1].

Claims Analysis

Importance of Claims

• The claims section of a patent is the most critical part as it defines the scope of protection. Claims are the legal boundaries that distinguish the invention from prior art and other inventions. They must be clear, concise, and supported by the description in the patent specification[3].

Types of Claims

• Patents can have various types of claims, including independent claims, dependent claims, and method claims. Independent claims stand alone and define the invention broadly, while dependent claims refer back to and further limit the independent claims. Method claims describe the steps involved in the invention[3].

Scope Concepts and Claim Coverage

Claim Coverage Matrix

• To understand the scope of protection, a Claim Coverage Matrix can be used. This matrix categorizes patents by claims and scope concepts, helping to identify which patents and claims are actively protecting the intellectual property. It also highlights gaps or opportunities in the current claim coverage[3].

Interactive Claim Charts

• Tools like ClaimScape® software generate interactive claim charts that help technical experts review the patent coverage. These charts are useful for determining whether a particular scope concept is applicable to a target product or method, and they can be updated as more patents are filed or as development avenues are explored[3].

Patent Landscape

Competitive Analysis

• Analyzing the patent landscape involves looking at similar patents in the same technology area. This includes identifying key competitors, understanding their patent portfolios, and determining how U.S. Patent 8,299,052 fits into this landscape. Tools like patent analytics can help in tracking patents by claims and scope concepts, providing a comprehensive view of the competitive environment[3].

Trends in Patent Applications

• The USPTO data shows trends in patent applications and grants. For example, in 2018, electrical and mechanical engineering patents made up about 60% of USPTO patents granted to U.S. inventors. Understanding these trends can help in positioning U.S. Patent 8,299,052 within the broader context of innovation in its field[1].

Allowance Rates and Examination Process

Probability of Receiving a Patent

• The probability of a patent application being granted varies based on several factors, including the technology field and the type of applicant (large or small entity). Studies have shown that applications filed by large firms are more likely to be granted than those filed by small firms. Understanding these dynamics can provide insights into the challenges and opportunities associated with U.S. Patent 8,299,052[4].

Examination Process

• The patent examination process involves several stages, including the first-action allowance rate, progenitor allowance rate, and family allowance rate. These metrics help in understanding the complexity and likelihood of a patent being granted. For U.S. Patent 8,299,052, knowing these rates can provide context on how it navigated the examination process[4].

Practical Implications

Protecting Intellectual Property

• The claims and scope of U.S. Patent 8,299,052 are crucial for protecting the intellectual property associated with the invention. By analyzing the claim coverage and identifying gaps, companies can ensure that their products or methods are adequately protected from infringement[3].

Future Design Opportunities

• The analysis of patent claims and scope concepts can also highlight future design opportunities. By identifying areas where claim coverage is lacking, companies can focus on developing new technologies or improving existing ones to maintain a competitive edge[3].

Key Takeaways

• Claims Analysis: The claims section is critical for defining the scope of protection.
• Scope Concepts: Using tools like Claim Coverage Matrix and interactive claim charts helps in understanding the patent landscape.
• Patent Landscape: Analyzing similar patents and trends in the technology area is essential for competitive positioning.
• Allowance Rates: Understanding the probability of patent grant and the examination process provides context on the patent's validity.
• Practical Implications: The patent's claims and scope are vital for protecting intellectual property and identifying future design opportunities.

FAQs

Q: What is the significance of the claims section in a patent?

• The claims section defines the scope of protection for the invention, distinguishing it from prior art and other inventions.

Q: How do Claim Coverage Matrix and interactive claim charts help in patent analysis?

• These tools categorize patents by claims and scope concepts, helping to identify gaps or opportunities in the current claim coverage and facilitating a comprehensive review of patent protection.

Q: What factors influence the probability of a patent being granted?

• Factors such as the technology field, type of applicant (large or small entity), and the complexity of the examination process influence the probability of a patent being granted.

Q: How does the USPTO classify patents technologically?

• The USPTO uses the World Intellectual Property Organization (WIPO) classification system, which includes 35 International Patent Classification (IPC) technical fields.

Q: What is the typical duration for which a U.S. patent is valid?

• U.S. patents are typically valid for 20 years from the filing date, assuming no extensions or adjustments.

Sources

1. Invention: U.S. and Comparative Global Trends - National Science Foundation
2. U.S. Patent and Trademark Office (USPTO) | USAGov
3. Patent Analytics | Intellectual Property Law - Schwegman
4. What Is the Probability of Receiving a US Patent? - Yale Journal of Law and Technology
5. US Patent 8299052 | US Patents | Expiry | Expiration | Dates - PharmaCompass

Drugs Protected by US Patent 8,299,052

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Pragma	MOXATAG	amoxicillin	TABLET, EXTENDED RELEASE;ORAL	050813-001	Jan 23, 2008		DISCN	Yes	No	8,299,052					USE OF ONCE-A-DAY AMOXICILLIN PRODUCT TO TREAT TONSILLITIS AND/OR PHARYNGITIS SECONDARY TO STREPTOCOCCUS PYOGENES

International Family Members for US Patent 8,299,052

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2006321782
Australia	2006351475
Canada	2635378
Canada	2635606
China	101563466
European Patent Office	1968586