United States Patent 8,741,948: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 8,741,948, titled "Oral antimicrobial pharmaceutical compositions," is a significant patent in the pharmaceutical industry, particularly in the field of oral antimicrobial treatments. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background
The patent, assigned to a pharmaceutical company, describes oral pharmaceutical compositions with controlled and/or programmed release containing at least one active ingredient, typically antimicrobial agents. This invention is designed to address various infectious diseases, such as bacillary dysentery, gastroenteritis, shigellosis, and Clostridium difficile colitis[4].
Patent Scope
Claim Language and Metrics
The scope of a patent is often measured by the language and structure of its claims. Research suggests that metrics such as independent claim length and independent claim count can be used to assess patent scope. Narrower claims, as indicated by shorter lengths and fewer counts, are generally associated with a higher probability of grant and a shorter examination process[3].
Specific Claims of US 8,741,948
The patent includes multiple claims that define the scope of the invention. Here are some key aspects:
- Claim 1: This claim describes the oral pharmaceutical composition comprising at least one active ingredient, such as rifamycin, and a controlled release system.
- Claim 2-18: These claims further specify the components, such as polymers (e.g., cellulose, pectin), and the methods of preparation and use of the composition[4].
Key Components and Features
Active Ingredients
The patent highlights the use of antimicrobial agents like rifamycin, which is a critical component in treating bacterial infections. The composition may also include other active ingredients to enhance efficacy[4].
Controlled Release System
The controlled release system is a crucial feature, allowing the active ingredients to be released over a specified period. This can improve patient compliance and the effectiveness of the treatment. Materials such as cellulose, pectin, and polysaccharides are used to achieve this controlled release[4].
Diseases Treated
The patent specifies that the compositions are designed to treat various infectious diseases, including bacillary dysentery, gastroenteritis, shigellosis, and Clostridium difficile colitis. This broad application underscores the potential impact of the invention on public health[4].
Patent Landscape
Prior Art and Citations
The patent cites several prior art references, indicating the existing knowledge in the field at the time of the invention. For example, the patent mentions various methods and compositions related to oral pharmaceuticals, which were considered during the examination process[4].
Global Dossier and IP5 Offices
The USPTO's Global Dossier service provides access to the file histories of related applications from participating IP Offices, including the IP5 Offices. This service can help in understanding the global patent family and related citations, which is crucial for assessing the novelty and non-obviousness of the invention[1].
Common Citation Document (CCD)
The CCD application consolidates prior art citations from multiple offices, facilitating a comprehensive view of the prior art landscape. This tool is essential for patent examiners and practitioners to ensure that the claims are novel and non-obvious[1].
Legal and Litigation Aspects
Patent Validity and Infringement
Patent validity and infringement are critical issues that can arise. The case of OSSEO IMAGING, LLC v. PLANMECA USA INC. highlights the importance of expert testimony and substantial evidence in supporting claims of infringement and non-obviousness. Similar considerations would apply to any litigation involving US 8,741,948[5].
Public Search and Access
USPTO Resources
The USPTO provides several resources for searching and accessing patent information, including the Patent Public Search tool, the Public Search Facility, and Patent and Trademark Resource Centers (PTRCs). These resources are invaluable for conducting thorough searches and understanding the patent landscape[1].
Conclusion
The United States Patent 8,741,948 is a significant contribution to the field of oral antimicrobial pharmaceuticals. Understanding its scope, claims, and the broader patent landscape is crucial for both innovators and practitioners. Here are the key takeaways:
- Scope and Claims: The patent defines a specific oral pharmaceutical composition with controlled release, targeting various infectious diseases.
- Key Components: The use of antimicrobial agents like rifamycin and controlled release systems using polymers.
- Patent Landscape: The patent is part of a larger global dossier and is influenced by prior art and citations from multiple IP offices.
- Legal Considerations: The validity and infringement of the patent would be subject to legal scrutiny, similar to other patent cases.
Key Takeaways
- The patent addresses a critical need in treating infectious diseases with oral antimicrobial compositions.
- The controlled release system is a key feature enhancing the efficacy and compliance of the treatment.
- The patent's scope is defined by specific claims that outline the composition and its use.
- Understanding the global patent landscape and prior art is essential for assessing the novelty and non-obviousness of the invention.
- Legal aspects such as validity and infringement are crucial and would be subject to expert testimony and substantial evidence.
FAQs
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What is the main purpose of the United States Patent 8,741,948?
- The main purpose is to describe oral pharmaceutical compositions with controlled and/or programmed release containing at least one active ingredient, typically antimicrobial agents.
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What are the key components of the oral pharmaceutical composition?
- The key components include antimicrobial agents like rifamycin and polymers such as cellulose, pectin, and polysaccharides.
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How does the controlled release system work?
- The controlled release system allows the active ingredients to be released over a specified period, improving patient compliance and treatment efficacy.
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What diseases are targeted by the compositions described in the patent?
- The compositions are designed to treat infectious diseases such as bacillary dysentery, gastroenteritis, shigellosis, and Clostridium difficile colitis.
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Where can one access detailed information about this patent?
- Detailed information can be accessed through the USPTO's Patent Public Search tool, the Public Search Facility, or Patent and Trademark Resource Centers (PTRCs)[1].
Sources
- USPTO - Search for patents
- USA.gov - U.S. Patent and Trademark Office (USPTO)
- SSRN - Patent Claims and Patent Scope
- Google Patents - US8741948B2 - Oral antimicrobial pharmaceutical compositions
- CAFC - OSSEO IMAGING, LLC v. PLANMECA USA INC.
