United States Patent 8,470,788: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,470,788, titled "Topical application of ivermectin for the treatment of dermatological conditions," is a significant patent in the field of dermatology. This patent, granted on June 25, 2013, covers the use of ivermectin in topical formulations for treating various dermatological conditions. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Invention
The patent builds upon earlier research and applications related to the use of ivermectin, a well-known antiparasitic drug. Previous patents, such as U.S. Pat. No. 6,133,310, discussed the potential use of ivermectin in topical formulations but did not provide detailed compositions suitable for industrial pharmaceutical products[4].
Summary of the Invention
The invention described in U.S. Patent 8,470,788 involves the development of topical formulations of ivermectin for treating dermatological conditions such as rosacea, common acne, seborrheic dermatitis, perioral dermatitis, and acneform rashes. The patent outlines specific pharmaceutical compositions that have good cosmetic properties and a shelf-life of at least two years, addressing the limitations of earlier experimental preparations[4].
Claims of the Patent
The patent includes several claims that define the scope of the invention. Here are some key claims:
- Claim 1: A topical composition for treating dermatological conditions, comprising ivermectin and a pharmaceutically acceptable excipient.
- Claim 2: The composition of claim 1, where the ivermectin is present in a concentration of about 0.5% to about 2% by weight.
- Claim 3: The composition of claim 1, where the excipient is selected from the group consisting of propylene glycol, sodium lauryl sulfate, and mixtures thereof[4].
These claims are crucial as they specify the exact components and their concentrations, which are essential for the efficacy and stability of the topical formulation.
Patent Family and Continuations
U.S. Patent 8,470,788 is part of a larger patent family, including several continuations and related applications. For example:
- It is a continuation of U.S. patent application Ser. No. 13/310,633, which is itself a continuation of earlier applications dating back to 2003[4].
This complex family structure indicates a thorough and iterative development process, ensuring that the final patent covers a broad and well-defined scope.
Prior Art and Related Patents
The patent landscape surrounding U.S. Patent 8,470,788 includes several related patents and prior art. For instance:
- U.S. Pat. No. 6,133,310, which discussed early experimental preparations of ivermectin in topical forms.
- Other patents within the same family, such as U.S. Pat. No. 8,080,530, which also pertain to the use of ivermectin in dermatological treatments[4].
Understanding this prior art is essential to appreciate the innovations and improvements introduced by U.S. Patent 8,470,788.
International Patent Landscape
The use of ivermectin in dermatological treatments is not limited to the United States. International patent databases, such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO), can be searched to identify similar patents and applications globally[1].
Search and Analysis Tools
To conduct a comprehensive analysis of the patent landscape, various tools and resources are available:
- The USPTO's Patent Public Search tool and Global Dossier service can provide detailed information on related applications and prior art[1].
- The Patent Claims Research Dataset by the USPTO can offer insights into claim-level statistics and document-level statistics, helping to understand the scope and breadth of patent claims[3].
Economic and Market Impact
The economic impact of U.S. Patent 8,470,788 can be significant, given the prevalence of dermatological conditions and the need for effective treatments. The patent's scope and claims can influence market dynamics by:
- Protecting the intellectual property of the inventors and assignees.
- Influencing the development of similar products by competitors.
- Affecting the pricing and availability of ivermectin-based treatments in the market.
Litigation and Enforcement
Patents like U.S. Patent 8,470,788 can be subject to litigation to enforce their claims and protect against infringement. For example, instructions and labeling that result in direct infringement of the patent's claims can lead to legal actions[5].
Future Developments and Modifications
The patent's scope allows for various modifications and substitutions without departing from the spirit of the invention. This flexibility is crucial for ongoing research and development in dermatological treatments, enabling the creation of new formulations and applications based on the patented technology[4].
Key Takeaways
- Scope and Claims: U.S. Patent 8,470,788 covers specific topical formulations of ivermectin for treating dermatological conditions, with detailed claims defining the composition and concentration of ivermectin.
- Patent Family: The patent is part of a complex family of continuations and related applications, indicating a thorough development process.
- Prior Art: The patent builds upon earlier research and experimental preparations, introducing significant improvements.
- International Landscape: Similar patents and applications exist globally, accessible through international patent databases.
- Economic Impact: The patent can significantly influence the market for dermatological treatments, protecting intellectual property and affecting product development and pricing.
Frequently Asked Questions (FAQs)
Q: What is the primary focus of U.S. Patent 8,470,788?
A: The primary focus is on the development of topical formulations of ivermectin for treating various dermatological conditions.
Q: What are the key claims of the patent?
A: The key claims include the composition of ivermectin and pharmaceutically acceptable excipients, with specific concentrations of ivermectin.
Q: How does this patent relate to earlier research on ivermectin?
A: It builds upon earlier experimental preparations, addressing limitations such as cosmetic properties and shelf-life.
Q: What tools can be used to analyze the patent landscape?
A: Tools like the USPTO's Patent Public Search, Global Dossier, and Patent Claims Research Dataset can be used.
Q: How might this patent impact the market for dermatological treatments?
A: It can protect intellectual property, influence product development, and affect pricing and availability of ivermectin-based treatments.
Sources Cited
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Unified Patents Portal - HU-S1500048-I1: https://portal.unifiedpatents.com/patents/patent/HU-S1500048-I1
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Justia - U.S. Patent 8,470,788: https://patents.justia.com/patent/8470788
- Insight.RPXcorp - Litigation Documents: https://insight.rpxcorp.com/litigation_documents/12700987