United States Patent 8,747,894: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 8,747,894, titled "Effervescent compositions containing N-acetylcysteine and a method of treating acetaminophen poisoning," is a significant patent in the pharmaceutical sector. This patent, assigned to Alpex Pharma S.A., pertains to the development of effervescent pharmaceutical compositions that contain a high amount of N-acetylcysteine, a crucial ingredient for treating acetaminophen poisoning.
Background of the Invention
Acetaminophen poisoning is a serious medical condition that requires immediate and effective treatment. N-acetylcysteine is widely recognized as a primary antidote for this condition. However, traditional formulations of N-acetylcysteine often have limitations, such as poor solubility and unpleasant taste, which can hinder patient compliance. The invention described in US 8,747,894 addresses these issues by developing effervescent compositions that enhance the solubility and palatability of N-acetylcysteine[4][5].
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific aspects of the invention that are protected. Here are the key elements:
Claims
The patent includes 21 claims that detail various aspects of the effervescent compositions and their method of use.
- Independent Claims: These claims define the core aspects of the invention, such as the composition of the effervescent formulation, the amount of N-acetylcysteine, and the method of treating acetaminophen poisoning.
- Dependent Claims: These claims build upon the independent claims, providing additional details and specifications, such as the types of excipients used, the physical form of the composition, and the process of administration[4].
Claim Language and Scope
The claim language is crucial in defining the patent scope. Research has shown that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims, as seen in this patent, are often associated with a higher probability of grant and a shorter examination process[3].
Classification and Prior Art
The patent is classified under various categories within the International Patent Classification (IPC) and the Cooperative Patent Classification (CPC) systems.
- IPC Classification: A61K 31/198, A61K 9/0007, A61K 9/0053, among others.
- CPC Classification: A61K 31/19, A61K 47/02, A61K 47/12, etc. These classifications indicate that the patent pertains to medicinal preparations, specifically those characterized by their non-active ingredients and special physical forms[4].
Prior Art and Related Applications
The patent is part of a series of related applications, indicating a continuous development and refinement of the invention.
- Continuation Applications: The patent is a continuation of earlier applications, such as U.S. application Ser. No. 14/264,444 and U.S. application Ser. No. 13/466,721, which were filed on April 29, 2014, and May 8, 2012, respectively. This continuity shows the evolution of the invention and the efforts to perfect the effervescent compositions[2][4].
Patent Landscape
The patent landscape surrounding US 8,747,894 is complex and involves various international and national patent offices.
International Patent Offices
To understand the global patent landscape, one must consider the databases of other international intellectual property offices. For instance, the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) provide searchable databases that can help in identifying similar or related patents[1].
Global Dossier
The Global Dossier service, provided by the USPTO, allows users to access the file histories of related applications from participating IP Offices. This service is useful for tracking the patent family and understanding the global scope of similar inventions[1].
Search and Examination Process
The search and examination process for this patent would have involved several steps:
Preliminary Search
A preliminary search using tools like the Patent Public Search or resources from Patent and Trademark Resource Centers (PTRCs) would have been conducted to identify prior art and ensure the novelty of the invention[1].
Examination Process
The examination process, as indicated by research, tends to narrow the scope of patent claims. The fact that this patent was granted suggests that the claims were sufficiently narrowed to meet the criteria for patentability[3].
Practical Implications
The practical implications of this patent are significant:
- Treatment of Acetaminophen Poisoning: The effervescent compositions provide a more effective and patient-friendly method for treating acetaminophen poisoning.
- Pharmaceutical Industry: The patent sets a precedent for the development of similar effervescent formulations, potentially influencing future pharmaceutical research and development[4].
Key Takeaways
- Effervescent Compositions: The patent protects effervescent pharmaceutical compositions containing a high amount of N-acetylcysteine.
- Treatment Method: The method of treating acetaminophen poisoning using these compositions is a key aspect of the patent.
- Claim Scope: The patent claims are narrowly defined, which contributed to its successful grant.
- Global Landscape: The patent is part of a broader global patent landscape, with related applications and prior art considered in international databases.
- Practical Impact: The invention has significant practical implications for the treatment of acetaminophen poisoning and the pharmaceutical industry.
FAQs
Q: What is the main subject of United States Patent 8,747,894?
A: The main subject is effervescent pharmaceutical compositions containing a high amount of N-acetylcysteine for treating acetaminophen poisoning.
Q: How many claims are included in the patent?
A: The patent includes 21 claims.
Q: What are the key classifications for this patent?
A: The patent is classified under A61K 31/198, A61K 9/0007, A61K 9/0053, among others.
Q: Is this patent part of a series of related applications?
A: Yes, it is a continuation of earlier applications filed on April 29, 2014, and May 8, 2012.
Q: How does the Global Dossier service relate to this patent?
A: The Global Dossier service allows users to access the file histories of related applications from participating IP Offices, which can be useful for understanding the global scope of similar inventions.
Sources
- USPTO: "Search for patents - USPTO" - https://www.uspto.gov/patents/search
- Google Patents: "United States Patent - googleapis.com" - https://patentimages.storage.googleapis.com/2b/c3/db/63c89bf9248062/US9561204.pdf
- SSRN: "Patent Claims and Patent Scope - Search eLibrary :: SSRN" - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents: "US8747894B2 - Effervescent compositions containing N-acetylcysteine - Google Patents" - https://patents.google.com/patent/US8747894B2/en
- PubChem: "Effervescent compositions containing N-acetylcysteine - Patent US ..." - https://pubchem.ncbi.nlm.nih.gov/patent/US8747894
