United States Patent 8,377,933: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,377,933, titled "Method for Treating a Pulmonary Hypertension Condition," was granted to Gilead Colorado, Inc. on February 19, 2013. This patent is significant in the field of pharmaceuticals, particularly in the treatment of pulmonary hypertension. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Invention
Pulmonary hypertension (PH) is a serious condition characterized by high blood pressure in the arteries that supply blood to the lungs. The World Health Organization classifies PH into five groups, with pulmonary arterial hypertension (PAH) being one of the most severe forms[4].
Scope of the Patent
The patent 8,377,933 focuses on methods for treating PAH using ambrisentan, an endothelin receptor antagonist. The scope of the patent is defined by its claims, which outline the specific methods and compositions used in the treatment.
Claim Analysis
The patent includes several claims that define the scope of the invention. Here are some key aspects:
- Independent Claims: The patent includes independent claims that describe the method of treating PAH using ambrisentan. For example, Claim 1 describes "a method for treating a subject having a pulmonary hypertension condition, comprising administering to the subject an effective amount of ambrisentan"[4].
- Dependent Claims: Dependent claims further specify the method, including the dosage and administration schedule of ambrisentan.
- Claim Length and Count: Research suggests that narrower claims, such as those seen in this patent, are associated with a higher probability of grant and a shorter examination process[3].
Claims and Patent Scope
The claims in this patent are designed to be specific and narrow, which is a common strategy to ensure the patent's validity and enforceability.
Metrics for Measuring Patent Scope
Studies have shown that metrics such as independent claim length and independent claim count can be used to measure patent scope. In the case of patent 8,377,933, the claims are well-defined and specific, indicating a narrower scope which is beneficial for patent maintenance and litigation purposes[3].
Detailed Description of the Invention
The patent provides a detailed description of the method for treating PAH with ambrisentan, including clinical trial data and efficacy results.
- Clinical Trials: The patent references placebo-controlled clinical trials that demonstrated the efficacy of ambrisentan in treating PAH. These trials showed significant improvements in clinical outcomes for subjects treated with ambrisentan compared to those receiving a placebo[4].
- Dosage and Administration: The patent specifies the dosage and administration schedule of ambrisentan, which is crucial for the effective treatment of PAH.
Prior Art and References
The patent cites several prior art documents, including other U.S. patents and scientific publications. These references are essential for understanding the state of the art at the time of the invention and for distinguishing the current invention from prior work.
- Cited Documents: The patent cites documents such as U.S. Patent 7,902,195 B2 and publications by Rubin et al. (2004, 2005), which provide context and background information on the treatment of PAH[4].
Patent Landscape
The patent landscape for treatments of PAH is complex and involves various pharmaceutical companies and research institutions.
Global Patent System
The patent is part of a global patent family, with related applications filed in other countries. Tools like the Global Dossier and Common Citation Document (CCD) facilitate the management and search of these related applications across different intellectual property offices[1].
International Search and Examination
The international search report and written opinion for the PCT application (PCT/US2007/087058) are also referenced, indicating that the invention has been scrutinized at an international level[4].
Search and Examination Process
The examination process for this patent involved a thorough review of the claims and prior art.
- Office Actions: The patent went through several office actions, which are indicative of the scrutiny it faced during the examination process. Narrowing the claims during this process is common and helps in ensuring the patent's validity[3].
Conclusion
United States Patent 8,377,933 represents a significant advancement in the treatment of pulmonary arterial hypertension. The patent's scope and claims are well-defined, ensuring a clear and enforceable intellectual property right.
Key Takeaways
- Specific Claims: The patent includes specific and narrow claims that define the method of treating PAH with ambrisentan.
- Clinical Efficacy: The invention is supported by clinical trial data demonstrating the efficacy of ambrisentan in treating PAH.
- Global Patent Family: The patent is part of a global patent family, with related applications filed in other countries.
- Thorough Examination: The patent underwent a thorough examination process, including international search and office actions.
FAQs
What is the main subject of United States Patent 8,377,933?
The main subject of this patent is a method for treating pulmonary arterial hypertension (PAH) using the drug ambrisentan.
Who is the assignee of this patent?
The assignee of this patent is Gilead Colorado, Inc.
What are the key claims of this patent?
The key claims describe the method of administering ambrisentan to treat PAH, including specific dosages and administration schedules.
How does the patent landscape look for PAH treatments?
The patent landscape for PAH treatments is complex, involving multiple pharmaceutical companies and research institutions, with various patents and applications filed globally.
What tools can be used to search for related patents internationally?
Tools such as the Global Dossier and Common Citation Document (CCD) can be used to search for related patents and manage patent families internationally[1].
Sources
- USPTO: Search for patents - USPTO
- USA.gov: U.S. Patent and Trademark Office (USPTO) | USAGov
- SSRN: Patent Claims and Patent Scope
- Google APIs: United States Patent - googleapis.com
