United States Patent 8,685,930: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,685,930, titled "Methods of providing therapeutic effects using cyclosporin components," is a significant patent in the pharmaceutical industry, particularly in the field of ophthalmic treatments. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication and Grant Details
The patent, US8685930B2, was granted on April 1, 2014, and is assigned to Allergan, Inc. The application was filed on October 26, 2012, as part of the US13/961,828 series[4].
Invention Description
The patent describes methods for providing therapeutic effects using cyclosporin components, specifically in the form of topical ophthalmic emulsions. Cyclosporin, an immunosuppressive agent, is used to treat conditions such as dry eye syndrome. The invention involves administering a therapeutically effective amount of cyclosporin to the eye of a human or animal to achieve the desired therapeutic effects[4].
Scope of the Patent
Therapeutic Applications
The scope of the patent is focused on the therapeutic use of cyclosporin in ophthalmic treatments. It includes methods for treating dry eye syndrome and other ophthalmic conditions through the administration of cyclosporin in an emulsion form. This scope is critical as it defines the boundaries within which the patent's claims are valid[4].
Formulation and Composition
The patent details the formulation and composition of the ophthalmic emulsion, including the use of cyclosporin, emulsifying agents, preservatives, and other components. This specificity is essential for understanding what is protected under the patent and what would constitute infringement[4].
Claims Analysis
Independent and Dependent Claims
The patent includes a series of independent and dependent claims that define the invention's boundaries. Independent claims typically outline the broadest aspects of the invention, while dependent claims narrow down the scope by adding additional limitations.
- Independent Claims: These claims define the core aspects of the invention, such as the method of administering cyclosporin in an ophthalmic emulsion to achieve therapeutic effects.
- Dependent Claims: These claims build upon the independent claims by adding specific details, such as the concentration of cyclosporin, the type of emulsifying agents used, and the method of preparation[4].
Claim Construction
The construction of claims is crucial for determining the patent's validity and enforceability. Each claim must be carefully analyzed to understand its scope and how it interacts with other claims. For example, claims related to the specific composition of the emulsion or the method of administration are key to defining what is protected[4].
Patent Landscape
Prior Art and Citations
The patent landscape surrounding US8685930B2 includes prior art and citations that were considered during the patent examination process. The Common Citation Document (CCD) application, for instance, consolidates prior art cited by participating IP offices, providing a comprehensive view of the prior art landscape[1].
Related Patents and Applications
Other patents and patent applications related to ophthalmic treatments and cyclosporin use are part of the broader patent landscape. For example, patents related to different formulations or methods of administering cyclosporin could be relevant. The Global Dossier service provided by the USPTO allows users to see the patent family for a specific application, including related applications filed at participating IP offices[1].
Litigation and Challenges
Patents can be subject to litigation and challenges, such as inter partes review (IPR) or court decisions. For instance, Mylan's successful invalidation of Allergan's patents on Restasis, another ophthalmic treatment, highlights the potential for legal challenges in the pharmaceutical patent space[2].
Search and Analysis Tools
USPTO Resources
The USPTO provides several tools for searching and analyzing patents, including the Patent Public Search tool, which replaced legacy search tools like PubEast and PubWest. This tool offers enhanced access to prior art and is crucial for conducting thorough patent searches[1].
International Patent Databases
To understand the global patent landscape, it is essential to search international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
Economic and Market Impact
Market Dominance
Patents like US8685930B2 can significantly impact market dominance in the pharmaceutical industry. By protecting specific methods and formulations, these patents can prevent competitors from entering the market with similar products, thereby maintaining market share for the patent holder.
Innovation and Competition
The patent landscape influences innovation and competition. While patents protect intellectual property, they also encourage innovation by providing a temporary monopoly that incentivizes research and development. However, overly broad or invalid patents can stifle competition and innovation[3].
Key Takeaways
- Scope and Claims: The patent's scope is focused on methods for providing therapeutic effects using cyclosporin components in ophthalmic emulsions. Claims define the specific aspects of the invention, including formulation and administration methods.
- Patent Landscape: The patent is part of a broader landscape that includes prior art, related patents, and international patent databases.
- Search and Analysis Tools: Utilizing tools like the USPTO's Patent Public Search and international patent databases is crucial for thorough patent searches.
- Economic and Market Impact: Patents can significantly impact market dominance and innovation in the pharmaceutical industry.
FAQs
What is the main subject of United States Patent 8,685,930?
The main subject of US8685930B2 is methods for providing therapeutic effects using cyclosporin components, specifically in the form of topical ophthalmic emulsions.
How can one search for related patents and prior art?
One can use the USPTO's Patent Public Search tool, Global Dossier service, and international patent databases such as those provided by the EPO, JPO, and WIPO to search for related patents and prior art.
What is the significance of claim construction in patent analysis?
Claim construction is crucial for determining the patent's validity and enforceability. It helps in understanding the scope of each claim and how they interact with other claims.
How do patents impact market dominance in the pharmaceutical industry?
Patents can significantly impact market dominance by protecting specific methods and formulations, thereby preventing competitors from entering the market with similar products.
What tools are available for searching and analyzing patents globally?
Tools such as the USPTO's Patent Public Search, Global Dossier, and international patent databases like esp@cenet (EPO), JPO, and PATENTSCOPE (WIPO) are available for searching and analyzing patents globally.
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- Mylan Invalidates Allergan's Patents on Restasis. Retrieved from https://investor.mylan.com/news-releases/news-release-details/mylan-invalidates-allergans-patents-restasisr
- Patent Claims Research Dataset - USPTO. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- US8685930B2 - Methods of providing therapeutic effects using cyclosporin components. Retrieved from https://patents.google.com/patent/US8685930B2/en
