Analyzing the Scope and Claims of United States Patent 8,450,375
Introduction
United States Patent 8,450,375, titled "Stabilized compositions of volatile alkylating agents and methods of using thereof," is a patent that addresses the stabilization and application of volatile alkylating agents, particularly in the context of treating skin disorders and cancer. Here, we will delve into the details of the patent's scope, claims, and the broader patent landscape.
Patent Overview
Publication Number and Authority
The patent, US8450375B2, was granted by the United States Patent and Trademark Office (USPTO) and is classified under various chemical and pharmaceutical categories[4].
Inventors and Priority Date
While the specific inventors are not mentioned in the provided source, the priority date for this patent is crucial for understanding its place in the patent timeline. The priority date indicates when the initial application was filed, which can be important for determining the novelty and non-obviousness of the invention.
Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations.
- Independent Claims: These claims outline the core components of the stabilized compositions, including the use of volatile alkylating agents such as nitrogen mustard or its HX salts, and the presence of pharmaceutically acceptable excipients.
- Dependent Claims: These claims specify additional details such as the types of salts, the method of preparation, and the specific applications (e.g., treating skin disorders or cancer).
Claim Scope
The claims are structured to cover a range of aspects:
- Composition Claims: These claims describe the stabilized compositions themselves, including the active ingredients and excipients.
- Method Claims: These claims cover the methods of preparing and using the stabilized compositions.
- Use Claims: These claims specify the intended uses of the compositions, such as treating skin disorders or cancer[4].
Prior Art and Novelty
Prior Art Keywords
The patent lists several prior art keywords, including "nitrogen mustard," "pharmaceutically acceptable," "acid," and "salt." These keywords indicate the existing knowledge in the field that the patent builds upon or distinguishes itself from[4].
Novelty and Non-Obviousness
The patent's novelty and non-obviousness are established by the unique combination of volatile alkylating agents with specific excipients to create a stabilized composition. This combination is not found in the prior art, making the invention novel and non-obvious.
Patent Landscape
Related Patents and Applications
To understand the broader patent landscape, it is essential to search for related patents and applications. Tools like the USPTO's Patent Public Search, Global Dossier, and international patent databases can be used to identify similar inventions and their status[1].
Competitive Analysis
A competitive analysis involves identifying other patents and applications in the same field. For example, searching the European Patent Office's esp@cenet or the World Intellectual Property Organization's PATENTSCOPE can reveal similar compositions or methods being developed by other entities[1].
International Protection
Global Patent Family
The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This can help in understanding the international protection and the status of the patent in different jurisdictions[1].
Economic and Legal Implications
Market Impact
The economic implications of this patent can be significant, especially in the pharmaceutical and medical treatment sectors. The stabilized compositions could offer improved treatments for skin disorders and cancer, potentially disrupting existing markets and creating new opportunities.
Legal Considerations
The legal implications involve ensuring that the patent does not infringe on existing patents and that it complies with all relevant regulations. The study on a potential small claims patent court by the Administrative Conference of the United States (ACUS) highlights the importance of efficient legal mechanisms for resolving patent disputes, which could impact the enforcement and defense of this patent[2].
Data and Statistics
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset can provide insights into the trends and statistics of patent claims, including those related to pharmaceutical and chemical inventions. This dataset can help in understanding the broader context of patent scope and claims in similar fields[3].
Conclusion
United States Patent 8,450,375 represents a significant innovation in the stabilization of volatile alkylating agents for medical treatments. Understanding its scope, claims, and the broader patent landscape is crucial for both the inventors and competitors in the field.
Key Takeaways
- Unique Composition: The patent covers a unique composition of volatile alkylating agents stabilized with specific excipients.
- Method and Use Claims: The patent includes claims for the methods of preparation and use of these compositions.
- International Protection: The patent's global family can be tracked using the Global Dossier service.
- Economic and Legal Implications: The patent has significant economic and legal implications, including market impact and compliance with regulations.
- Data and Statistics: The USPTO's Patent Claims Research Dataset provides valuable insights into patent trends and statistics.
FAQs
Q: What is the primary focus of United States Patent 8,450,375?
A: The primary focus is on stabilized compositions of volatile alkylating agents and their methods of use, particularly in treating skin disorders and cancer.
Q: How can one search for related patents and applications?
A: Tools like the USPTO's Patent Public Search, Global Dossier, and international patent databases such as esp@cenet and PATENTSCOPE can be used.
Q: What is the significance of the Global Dossier service?
A: The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices.
Q: How does the USPTO's Patent Claims Research Dataset help in understanding patent trends?
A: The dataset provides detailed information on claims from US patents and applications, including claim-level statistics and document-level statistics, which can help in understanding trends and scope in similar fields.
Q: What are the potential economic implications of this patent?
A: The patent could offer improved treatments, potentially disrupting existing markets and creating new opportunities in the pharmaceutical and medical treatment sectors.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US8450375B2: https://patents.google.com/patent/US8450375B2/en
