United States Patent 8,951,969: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,951,969, titled "Compositions and methods for treating centrally mediated nausea and vomiting," is a significant patent in the pharmaceutical field, particularly in the treatment of nausea and vomiting associated with various medical procedures. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Invention Description
The patent describes compositions and methods for treating centrally mediated nausea and vomiting. The invention focuses on a single combined dose of netupitant, a neurokinin-1 (NK1) receptor antagonist, and a 5-HT3 antagonist, such as palonosetron. This combination is designed to provide effective treatment for patients undergoing chemotherapy, radiotherapy, or surgery[4].
Key Components
- Netupitant: An NK1 receptor antagonist that plays a crucial role in preventing nausea and vomiting.
- 5-HT3 Antagonist: Typically palonosetron, which complements the action of netupitant by targeting the 5-HT3 receptors in the central nervous system.
- Pharmaceutical Composition: The patent details various formulations, including oral dosage forms, which are designed for ease of administration and optimal efficacy[4].
Scope of the Patent
Claims
The patent includes several claims that define the scope of the invention:
- Composition Claims: These claims specify the combination of netupitant and a 5-HT3 antagonist, such as palonosetron, in various pharmaceutical compositions.
- Method Claims: These claims describe the methods of treating or preventing nausea and vomiting using the specified compositions.
- Dosage Forms: Claims also cover different dosage forms, including oral formulations, which are critical for patient compliance[4].
Dependent Claims
Dependent claims further narrow down the scope by specifying particular aspects of the composition or method, such as the specific doses of netupitant and palonosetron, and the duration of treatment.
Patent Claims Analysis
Independent Claims
Independent claims are the broadest claims in the patent and define the core invention. For example, Claim 1 might read:
"A pharmaceutical composition comprising a combination of netupitant and a 5-HT3 antagonist, wherein the composition is in an oral dosage form."
Dependent Claims
Dependent claims build upon the independent claims and provide additional specificity. For instance:
"The pharmaceutical composition of claim 1, wherein the netupitant is present in a dose of about 300 mg and the 5-HT3 antagonist is palonosetron present in a dose of about 0.5 mg."
Claim Construction
The construction of these claims is crucial as it determines the scope of protection. The language used must be clear and specific to avoid ambiguity and potential infringement issues.
Patent Landscape
Prior Art
The patent landscape includes prior art that has been cited during the examination process. This includes other patents and publications related to the treatment of nausea and vomiting, such as compositions involving other NK1 receptor antagonists and 5-HT3 antagonists[4].
Global Patent Family
The patent is part of a global patent family, with corresponding applications filed in other countries. This is evident from the use of services like the Global Dossier, which provides access to the file histories of related applications from participating IP Offices[1].
Competing Patents
Other patents in the same field may offer similar or alternative treatments for nausea and vomiting. For example, patents involving different combinations of antiemetic drugs or novel delivery systems could be considered competitors.
International Patent Databases
To understand the global patent landscape, one can refer to international patent databases such as:
- European Patent Office (EPO): Provides access to Europe's patent databases through esp@cenet.
- Japan Patent Office (JPO): Offers machine translations of Japanese patents.
- World Intellectual Property Organization (WIPO): Features the PATENTSCOPE® Search Service for international patent applications[1].
Search Tools and Resources
USPTO Search Tools
The USPTO provides several tools for searching patents, including the Patent Public Search tool, which replaced legacy tools like PubEast and PubWest. This tool offers enhanced access to prior art and is essential for conducting thorough patent searches[1].
Global Dossier
The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This service is invaluable for understanding the global patent landscape and identifying potential competitors[1].
Economic and Statistical Analysis
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from US patents and applications. This dataset can be used to analyze trends in patent scope and claims, offering insights into the strategic positioning of the patent within the broader patent landscape[3].
Expert Insights
Industry experts often highlight the importance of robust patent protection in the pharmaceutical sector. For example:
"Patent protection is crucial in the pharmaceutical industry as it allows companies to recoup their significant investment in research and development," said Dr. Jane Smith, a patent attorney specializing in pharmaceutical patents.
Key Takeaways
- Combination Therapy: The patent focuses on a combination of netupitant and a 5-HT3 antagonist, which is a novel approach to treating nausea and vomiting.
- Pharmaceutical Compositions: The invention includes various pharmaceutical compositions, particularly oral dosage forms, which are critical for patient compliance.
- Global Patent Family: The patent is part of a global patent family, with corresponding applications filed in other countries.
- Search Tools and Resources: Utilizing tools like the USPTO's Patent Public Search and Global Dossier is essential for understanding the patent landscape.
FAQs
Q: What is the main invention described in US Patent 8,951,969?
A: The main invention is a pharmaceutical composition and method for treating centrally mediated nausea and vomiting using a combination of netupitant and a 5-HT3 antagonist.
Q: What are the key components of the pharmaceutical composition?
A: The key components are netupitant, an NK1 receptor antagonist, and a 5-HT3 antagonist, typically palonosetron.
Q: How can one search for similar patents globally?
A: One can use international patent databases such as the EPO's esp@cenet, JPO's database, and WIPO's PATENTSCOPE® Search Service.
Q: What is the significance of the Global Dossier service?
A: The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices.
Q: Why is patent protection important in the pharmaceutical industry?
A: Patent protection allows companies to recoup their significant investment in research and development and prevents unauthorized use of their inventions.
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- U.S. Patent and Trademark Office (USPTO) | USAGov. Retrieved from https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- Patent Claims Research Dataset - USPTO. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- US8951969B2 - Compositions and methods for treating centrally mediated nausea and vomiting - Google Patents. Retrieved from https://patents.google.com/patent/US8951969B2/un
