Understanding the Scope and Claims of United States Patent 8,428,709
Introduction
United States Patent 8,428,709, titled "Current Control for Electrotransport Drug Delivery," was granted on April 23, 2013. This patent is significant in the field of medical technology, particularly in the area of drug delivery systems. Here, we will delve into the details of the patent, its claims, and the broader patent landscape it inhabits.
Inventors and Assignees
The patent was invented by a team of researchers including Bradley E. White, Paul Hayter, John Lemke, Scot Satre, Corinna X. Chen, Brian W. Read, and Jason E. Dougherty. These inventors hail from various locations in the United States, highlighting the collaborative nature of innovation in this field[1].
Background of the Invention
The patent addresses the need for improved electrotransport drug delivery systems. Electrotransport, also known as iontophoresis, is a method of delivering drugs through the skin using an electric current. This technique enhances the permeability of the skin, allowing for more efficient drug delivery.
Summary of the Invention
The invention described in US Patent 8,428,709 focuses on a current control system for electrotransport drug delivery. This system is designed to optimize the delivery of drugs by precisely controlling the electric current applied to the skin. The patent details various components and methods for achieving this precise control, ensuring safe and effective drug delivery[1].
Claims of the Patent
The patent includes multiple claims that define the scope of the invention. Here are some key claims:
- Claim 1: This claim describes the overall system for controlling current in an electrotransport drug delivery device, including a power source, a current controller, and electrodes.
- Claim 2: This claim specifies the method of controlling the current, including the use of feedback mechanisms to maintain a consistent current level.
- Claim 3: This claim details the safety features of the system, such as overcurrent protection and alarm systems.
- Dependent Claims: These claims further specify various aspects of the system, including the types of sensors used, the algorithms for current control, and the user interface[1].
Detailed Analysis of Claims
Claim 1: System Overview
Claim 1 sets the foundation for the entire invention by describing the basic components of the electrotransport drug delivery system. This includes a power source, a current controller, and electrodes that come into contact with the skin. This claim establishes the core functionality of the device[1].
Claim 2: Method of Current Control
Claim 2 delves into the method of controlling the electric current. It describes the use of feedback mechanisms to ensure that the current remains within a predetermined range. This is crucial for both the efficacy and safety of the drug delivery process[1].
Claim 3: Safety Features
Claim 3 highlights the safety features of the system. These include overcurrent protection mechanisms and alarm systems that alert the user or healthcare provider if there are any deviations from the set parameters. This ensures that the device operates safely and minimizes the risk of adverse effects[1].
Patent Landscape
Related Patents
The patent landscape surrounding US Patent 8,428,709 includes a variety of related patents that address different aspects of electrotransport drug delivery. For example, patents such as US 5,047,007 and US 5,057,072 also deal with electrotransport systems but focus on different components or methods[1].
Continuations and Citations
The patent is part of a larger family of patents that build upon earlier inventions. Understanding the citations and continuations is crucial for grasping the full scope of the invention and its place within the broader patent landscape. For instance, the patent cites several earlier patents that contributed to the development of electrotransport technology[1].
Legal and Regulatory Considerations
Inventorship
The determination of inventorship is a critical aspect of patent law. As outlined in US patent law, the true and only inventors must be listed on the patent application. Errors in inventorship can lead to the patent being invalid and unenforceable, especially if there is deceptive intent[2].
Obviousness-Type Double Patenting (ODP)
The concept of ODP is relevant when multiple patents from the same family are involved. This ensures that patents do not claim the same invention or obvious variations thereof. The analysis of ODP is essential to maintain the validity of patents within a family, as seen in cases like In re Cellect LLC[4].
Economic and Practical Implications
Market Impact
The invention described in US Patent 8,428,709 has significant market implications. By providing a more precise and safe method of drug delivery, it can enhance patient outcomes and reduce the risk of adverse effects. This can lead to increased adoption in healthcare settings and potentially open new markets for electrotransport technology.
Research and Development
The patent also underscores the ongoing research and development in the field of electrotransport drug delivery. The detailed claims and descriptions provide a roadmap for future innovations, encouraging further research into optimizing drug delivery systems.
Key Takeaways
- Precise Current Control: The patent emphasizes the importance of precise current control in electrotransport drug delivery systems.
- Safety Features: The inclusion of safety features such as overcurrent protection and alarm systems is crucial for safe operation.
- Legal Considerations: Correct inventorship and ODP analysis are vital for maintaining the validity and enforceability of the patent.
- Market Impact: The invention has the potential to improve patient outcomes and expand market opportunities for electrotransport technology.
FAQs
What is the main focus of US Patent 8,428,709?
The main focus of US Patent 8,428,709 is the development of a current control system for electrotransport drug delivery, ensuring precise and safe drug delivery.
Who are the inventors of this patent?
The inventors include Bradley E. White, Paul Hayter, John Lemke, Scot Satre, Corinna X. Chen, Brian W. Read, and Jason E. Dougherty.
What are the key claims of the patent?
The key claims include the overall system for controlling current, the method of current control using feedback mechanisms, and the safety features such as overcurrent protection and alarm systems.
How does this patent fit into the broader patent landscape?
The patent is part of a larger family of patents related to electrotransport drug delivery, citing and building upon earlier inventions in the field.
What are the legal considerations for this patent?
Correct inventorship and ODP analysis are crucial to ensure the patent's validity and enforceability.
What is the potential market impact of this invention?
The invention can improve patient outcomes, reduce adverse effects, and potentially expand market opportunities for electrotransport technology.
Sources
- United States Patent and Trademark Office, "Current Control for Electrotransport Drug Delivery," US Patent 8,428,709 B1, April 23, 2013.
- Oregon State University, "Determining Inventorship for US Patent Applications," [PDF].
- USPTO, "Patent Claims Research Dataset," August 28, 2017.
- United States Court of Appeals for the Federal Circuit, "In re Cellect, LLC," August 28, 2023.
- Administrative Conference of the United States, "U.S. Patent Small Claims Court," April 28, 2022.
