United States Patent 8,821,920 B2: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 8,821,920 B2, titled "Therapeutic patch for transdermal delivery of capsaicin," is a significant invention in the field of pharmaceuticals and medical devices. This patent, granted to its inventors, outlines a novel method and device for the transdermal delivery of capsaicin, a compound used to treat neuropathic pain. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Invention Description
The patent describes a therapeutic patch designed for the transdermal delivery of capsaicin or capsaicin analogs. The patch consists of several key components:
- A therapeutic compound-impermeable backing layer.
- A self-adhesive matrix based on polysiloxanes, containing microreservoir droplets with capsaicin or its analogs dissolved in an amphiphilic solvent.
- A protective film to be removed before use[4][5].
Purpose and Application
The primary purpose of this invention is to provide an effective method for treating neuropathic pain. The patch is designed to deliver capsaicin, which is known for its analgesic properties, directly through the skin, avoiding the need for oral administration and its associated side effects.
Scope of the Patent
Claim Structure
The patent includes multiple claims that define the scope of the invention. These claims can be categorized into several types:
- Independent Claims: These define the broadest aspects of the invention, such as the composition of the patch and its method of use.
- Dependent Claims: These narrow down the invention by specifying particular details, such as the concentration of capsaicin in the microreservoirs or the type of polymers used in the self-adhesive matrix[4].
Claim 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 this patent, the claims are structured to ensure clarity and specificity, which is crucial for maintaining patent quality and avoiding overly broad claims that could lead to litigation[3].
Claims Analysis
Key Claims
- Claim 1: Describes the therapeutic patch comprising a backing layer, a self-adhesive matrix with microreservoir droplets containing capsaicin, and a protective film.
- Claim 2: Specifies the concentration of capsaicin in the microreservoirs and the type of solvent used.
- Claim 3: Outlines the method of treating neuropathic pain using the patch[4].
Claim Validity and Scope
The validity and scope of these claims are critical. Narrower claims, as seen in this patent, are often associated with a higher probability of grant and a shorter examination process. This suggests that the inventors have carefully crafted the claims to ensure they are specific and enforceable[3].
Patent Landscape
Prior Art and Citations
The patent cites several prior art documents related to transdermal drug delivery systems and the use of capsaicin for pain relief. The Common Citation Document (CCD) application, which consolidates prior art cited by multiple patent offices, would be useful in understanding the global context of this invention[1].
International Patent Offices
To assess the global patent landscape, one would need to search databases from other international intellectual property offices such as the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
Competing Patents
A thorough search using resources like the USPTO's Patent Public Search tool, Global Dossier, and other international databases would reveal competing patents in the field of transdermal drug delivery. This analysis helps in understanding the competitive environment and potential infringement risks[1].
Search and Examination Process
USPTO Resources
The USPTO provides several resources for conducting thorough patent searches, including the Patent Public Search tool, which replaced legacy tools like PubEast and PubWest. The Global Dossier service is also invaluable for accessing file histories of related applications from participating IP offices[1].
Examination Data
The Patent Examination Data System (PEDS) allows users to search, view, and download bibliographic data for publicly available patent applications. This can provide insights into the examination process and any office actions related to this patent[1].
Practical Implications
Commercial Use
The therapeutic patch described in this patent has significant commercial potential, especially in the treatment of neuropathic pain. The self-adhesive matrix and microreservoir system ensure a controlled release of capsaicin, making it a viable alternative to traditional pain relief methods.
Regulatory Compliance
To bring this product to market, the inventors must comply with regulatory requirements. This includes obtaining necessary approvals from health authorities and ensuring that the manufacturing process adheres to quality and safety standards.
Key Takeaways
- Invention Specificity: The patent is specific about the composition and method of use of the therapeutic patch.
- Claim Structure: The claims are well-structured to ensure clarity and enforceability.
- Global Context: Understanding the global patent landscape is crucial for assessing competition and potential infringement risks.
- Regulatory Compliance: Compliance with health and safety regulations is essential for commercialization.
FAQs
Q: What is the primary purpose of the therapeutic patch described in US Patent 8,821,920 B2?
A: The primary purpose is to treat neuropathic pain through the transdermal delivery of capsaicin.
Q: What are the key components of the therapeutic patch?
A: The patch consists of a therapeutic compound-impermeable backing layer, a self-adhesive matrix with microreservoir droplets containing capsaicin, and a protective film.
Q: How do the claims in this patent contribute to its validity and scope?
A: The claims are structured to be specific and narrow, which is associated with a higher probability of grant and a shorter examination process.
Q: What resources can be used to conduct a thorough patent search related to this invention?
A: Resources include the USPTO's Patent Public Search tool, Global Dossier, and databases from other international intellectual property offices.
Q: Why is regulatory compliance important for this invention?
A: Regulatory compliance is essential to ensure the product meets health and safety standards and to obtain necessary approvals for commercial use.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office (USPTO): https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents - Therapeutic patch for transdermal delivery of capsaicin: https://patents.google.com/patent/US8821920B2/en
- US Patent Document - Therapeutic patch for transdermal delivery of capsaicin: https://patentimages.storage.googleapis.com/73/61/c2/5615f1c7b99aaa/US8821920.pdf
