United States Patent 8,784,882: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 8,784,882, titled "Controlled Release Delivery System for Nasal Applications and Method of Treatment," is a significant patent in the field of pharmaceuticals, particularly in the area of hormone delivery systems. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Invention
The patent, filed by Mattern Pharma AG, pertains to a gel formulation designed for the nasal administration of hormones, aiming to achieve controlled release into the systemic circulation and/or the brain. This invention is particularly relevant for treating neuroendocrinologic disorders such as Female Sexual Disorder (FSD), depression, Parkinson's disease, and Alzheimer's disease[4].
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 some key points:
- Claims Structure: The patent includes multiple claims, with some being independent and others dependent. Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations[4].
- Claim Language: The claims are written to cover the gel formulation, the method of preparation, and the method of treatment. For example, Claim 1 describes the gel formulation comprising specific ingredients like polyethylene glycol, cellulose, and lanolin, along with the active hormone ingredient[4].
Key Claims and Their Significance
Independent Claims
- Claim 1: This claim describes the gel formulation, including the composition and the method of nasal administration. It sets the broadest scope for the invention, covering the essential components and their functions[4].
- Claim 10: This claim focuses on the method of treatment using the gel formulation, specifying the conditions it can treat, such as neuroendocrinologic disorders[4].
Dependent Claims
- Claims 2-9: These claims further specify the details of the gel formulation, such as the concentration of ingredients, the method of preparation, and additional components that can be included[4].
Patent Scope Metrics
Research on patent scope often uses metrics such as independent claim length and independent claim count to measure the breadth of a patent. For US 8,784,882:
- Independent Claim Length: The length of the independent claims can indicate the complexity and specificity of the invention. Shorter claims might suggest a narrower scope, while longer claims could imply a broader scope[3].
- Independent Claim Count: The number of independent claims can also indicate the breadth of the patent. More independent claims might suggest a wider scope, covering various aspects of the invention[3].
Examination Process and Scope Narrowing
The examination process for this patent, like many others, likely involved narrowing the scope of the claims to ensure clarity and validity. Studies have shown that the examination process tends to narrow the scope of patent claims, both in terms of claim length and claim count, especially when the examination duration is longer[3].
Patent Landscape
Related Patents and Applications
- The patent US 8,784,882 is part of a series of related applications and continuations, indicating a complex and evolving patent strategy. For example, it is a continuation of application No. 13/194,853, which is now also patented as US 8,784,882[4].
- Other related patents, such as US 2015/0005271 A1, describe similar gel formulations and methods of treatment, highlighting the ongoing innovation in this field[4].
International Patent Family
The invention has a global patent family, with applications filed in various countries. This is evident from the priority data and the international classification codes provided in the patent documentation[4].
Prior Art and Citations
The patent cites several prior art documents, including other patents and scientific literature, which were considered during the examination process. Tools like the Common Citation Document (CCD) can help consolidate prior art citations from multiple offices, facilitating a more comprehensive review[1].
Search and Analysis Tools
For analyzing patents like US 8,784,882, several tools are available:
- Patent Public Search: This tool, provided by the USPTO, offers enhanced access to prior art and can be used to search for similar patents and applications[1].
- Global Dossier: This service allows users to view the file histories of related applications from participating IP Offices, which can be useful for understanding the global patent landscape[1].
- PATENTSCOPE: Provided by WIPO, this service offers full-text search capabilities for international patent applications, including machine translations for some documents[1].
Practical Implications
Understanding the scope and claims of US 8,784,882 is crucial for several stakeholders:
- Inventors and Researchers: Knowing the protected aspects of the invention helps in avoiding infringement and guides further research and development.
- Industry Professionals: This information is vital for licensing, litigation, and strategic planning within the pharmaceutical industry.
- Regulatory Bodies: Clear understanding of the patent scope aids in the approval and regulation of similar products.
Key Takeaways
- Scope Definition: The patent's scope is defined by its claims, which cover the gel formulation, method of preparation, and method of treatment.
- Claims Structure: Independent claims set the broadest scope, while dependent claims narrow it down.
- Examination Process: The examination process likely narrowed the scope of the claims to ensure clarity and validity.
- Global Patent Family: The invention has a global patent family with applications filed in various countries.
- Tools for Analysis: Various tools like Patent Public Search, Global Dossier, and PATENTSCOPE are available for comprehensive analysis.
FAQs
What is the main subject of United States Patent 8,784,882?
The main subject of this patent is a gel formulation for the nasal administration of hormones, designed for controlled release into the systemic circulation and/or the brain.
How does the patent define its scope?
The scope is defined by the claims, which include independent claims that set the broadest scope and dependent claims that add additional limitations.
What metrics can be used to measure the scope of a patent?
Metrics such as independent claim length and independent claim count can be used to measure the breadth of a patent.
What is the significance of the examination process in patent scope?
The examination process tends to narrow the scope of patent claims to ensure clarity and validity, especially when the examination duration is longer.
Where can one find related patents and applications for US 8,784,882?
Related patents and applications can be found using tools like Patent Public Search, Global Dossier, and by reviewing the patent's priority data and international classification codes.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Google Patents - US8784882B2: https://patents.google.com/patent/US8784882
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- US Patent Application Publication - US 2015/0005271 A1: https://patentimages.storage.googleapis.com/c8/01/49/417cd4073bb61d/US20150005271A1.pdf
