United States Patent 8,722,021: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 8,722,021, titled "Foamable carriers," is a significant patent in the field of cosmetic and therapeutic formulations. This patent, issued to inventors associated with Foamix Pharmaceuticals Ltd., pertains to the development of alcohol-free foamable carriers that are versatile and effective in various applications.
Background and Context
The patent was granted on May 13, 2014, and is classified under several categories within the A61K class of the International Patent Classification (IPC) system, which pertains to medical, dental, or toiletry preparations[1].
Scope of the Patent
Composition and Ingredients
The patent describes a foamable carrier composition that includes water, a hydrophobic organic carrier, and a foam adjuvant agent. This composition is designed to be alcohol-free, making it suitable for sensitive skin and other applications where alcohol is undesirable. The hydrophobic organic carrier can include oils, waxes, or other non-polar substances, while the foam adjuvant agent helps in stabilizing the foam structure[1].
Therapeutic and Cosmetic Applications
The foamable carriers are intended for both therapeutic and cosmetic uses. They can be formulated to deliver active agents such as steroids, antibiotics, antifungals, and other pharmaceuticals. In cosmetic applications, these carriers can be used in products like moisturizers, sunscreens, and hair care products[1].
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims specify the composition of the foamable carrier, including the presence of water, a hydrophobic organic carrier, and a foam adjuvant agent. For example, Claim 1 describes a foamable composition comprising:
- Water
- A hydrophobic organic carrier
- A foam adjuvant agent
- Optionally, an active agent[1].
Dependent Claims
Dependent claims further narrow down the scope by specifying particular types of hydrophobic organic carriers, foam adjuvant agents, and active agents. These claims provide detailed descriptions of the preferred embodiments of the invention, such as the use of specific oils or the inclusion of particular therapeutic agents[1].
Patent Landscape
Classification and Categorization
The patent is classified under various IPC categories, including A61K31/57 and A61K8/18, which relate to medicinal preparations and cosmetics or similar toiletry preparations, respectively. This classification helps in understanding the broader context and related patents in these fields[1].
Related Patents and Prior Art
The patent landscape surrounding US 8,722,021 includes other patents related to foamable carriers and cosmetic/therapeutic formulations. For instance, patents in the A61K8/72 category, which deal with cosmetics containing organic macromolecular compounds, are relevant. The Common Citation Document (CCD) application can be used to consolidate prior art cited by various patent offices, providing a comprehensive view of the related inventions[4].
Litigation and Legal Status
While the patent itself does not indicate any current litigation, understanding the legal status and potential litigation around similar patents is crucial. For example, the concept of obviousness-type double patenting, as discussed in other patent cases, can affect the validity of claims if they are not patentably distinct from earlier-filed patents[2].
Impact on Industry
Innovation and Development
The issuance of this patent has encouraged further innovation in the development of foamable carriers. Companies can now build upon this technology to create new products with improved efficacy and user comfort. The alcohol-free nature of these carriers has been particularly beneficial in addressing skin sensitivity issues.
Market Competition
The patent landscape in this area is competitive, with multiple companies and researchers working on similar technologies. The grant of this patent provides a competitive edge to the patent holders, allowing them to protect their intellectual property and potentially license their technology to other companies.
Metrics for Patent Scope
Claim Length and Count
Research on patent scope suggests that the length and count of independent claims can be metrics for measuring the breadth of a patent. Narrower claims, as seen in the examination process of this patent, are often associated with a higher probability of grant and a shorter examination process[3].
Key Takeaways
- Composition: The patent describes an alcohol-free foamable carrier composition including water, a hydrophobic organic carrier, and a foam adjuvant agent.
- Applications: The carriers are suitable for both therapeutic and cosmetic uses, delivering active agents in a stable foam structure.
- Claims: Independent and dependent claims define the scope, specifying the composition and preferred embodiments.
- Patent Landscape: Classified under A61K categories, the patent is part of a broader landscape of cosmetic and therapeutic formulations.
- Industry Impact: The patent promotes innovation, provides a competitive edge, and addresses market needs for sensitive skin products.
FAQs
What is the main composition of the foamable carriers described in US 8,722,021?
The main composition includes water, a hydrophobic organic carrier, and a foam adjuvant agent, with the option to include an active agent.
What are the primary applications of these foamable carriers?
The primary applications are both therapeutic and cosmetic, including the delivery of pharmaceuticals and the use in products like moisturizers and sunscreens.
How does the patent classification help in understanding the broader context?
The classification under A61K categories helps in identifying related patents and understanding the broader context of medicinal preparations and cosmetics.
What metrics can be used to measure the scope of this patent?
Metrics such as independent claim length and count can be used to measure the scope and breadth of the patent.
Is the patent still in force?
As of the current date, the patent is still in force, but its legal status and any potential litigation should be verified through the USPTO or other legal resources.
Sources
- US8722021B2 - Foamable carriers - Google Patents
- ALLERGAN USA, INC. v. MSN LABORATORIES PRIVATE LTD. - CAFC
- Patent Claims and Patent Scope - SSRN
- Search for patents - USPTO
