United States Patent 8,993,520: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 8,993,520, titled "Method and composition for transdermal drug delivery," is a significant patent in the field of pharmaceuticals and drug delivery systems. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Details
- Publication Number: US8993520B2
- Filing Date: December 22, 2010
- Grant Date: April 7, 2015
- Assignee: Not specified in the provided sources, but typically found in the patent document itself[4].
Invention Description
The patent describes a method and composition for transdermal drug delivery. The composition includes at least one physiologically active agent and at least one volatile solvent. The invention is designed to enhance the delivery of active agents through the skin, using components such as penetration enhancers, viscosity modulating agents, and solvents like lower alkyl alcohols[4].
Scope of the Patent
Claim Structure
The patent includes multiple claims that define the scope of the invention. Here are some key aspects:
- Independent Claims: These claims define the broadest scope of the invention. For example, Claim 1 might describe the composition and method in general terms, while subsequent claims narrow down specific components or methods[4].
- Dependent Claims: These claims build upon the independent claims, adding additional limitations or specifics. For instance, a dependent claim might specify the type of penetration enhancer or the concentration of the solvent[4].
Metrics for Measuring Scope
Research suggests that patent scope can be measured using metrics such as independent claim length and independent claim count. Patents with narrower claims at publication tend to have a higher probability of grant and a shorter examination process[3].
Claims Analysis
Key Components
- Physiologically Active Agent: The patent specifies that the composition includes at least one active agent, such as testosterone, which is delivered systemically through the skin[4].
- Volatile Solvent: The solvent is crucial for facilitating the delivery of the active agent. Examples include ethanol, isopropanol, and acetone[4].
- Penetration Enhancer: Components like octyl dimethyl-para-aminobenzoate, octyl para-methoxycinnamate, and octisalate are used to enhance skin penetration[4].
- Viscosity Modulating Agent: This agent, such as a gelling or thickening agent, helps in maintaining the composition's viscosity[4].
Claim Examples
- Claim 1: This might broadly describe the composition and method for transdermal drug delivery.
- Claim 2: This could specify the use of a particular penetration enhancer.
- Claim 3: This might detail the concentration range of the volatile solvent.
Patent Landscape
Related Patents and Applications
The patent landscape for transdermal drug delivery is extensive, with numerous patents and applications filed globally. Here are some key points:
- Global Dossier: This service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This can help in understanding the broader landscape and potential overlaps or conflicts[1].
- International Patent Offices: Databases from the European Patent Office (EPO), Japan Patent Office (JPO), World Intellectual Property Organization (WIPO), and others provide access to international patent applications and granted patents in this field[1].
Litigation and Enforcement
Patents like US8993520B2 can be involved in litigation, particularly if there are claims of infringement or validity disputes.
- Declaratory Judgment Claims: There have been cases where declaratory judgment claims arose under U.S. patent laws related to this patent, indicating potential disputes over its validity or infringement[5].
Search and Analysis Tools
USPTO Resources
- Patent Public Search: This tool provides enhanced access to prior art and is essential for conducting thorough searches related to this patent[1].
- Patent and Trademark Resource Centers (PTRCs): These centers offer local search resources and training in patent search techniques, which can be invaluable for analyzing the scope and claims of this patent[1].
International Resources
- European Patent Office (EPO): The esp@cenet network provides access to Europe's patent databases, including machine translations for some languages[1].
- World Intellectual Property Organization (WIPO): The PATENTSCOPE® Search Service offers full-text search capabilities for international patent applications and machine translations for some documents[1].
Impact on Innovation
Patent Quality and Scope
The scope and claims of a patent like US8993520B2 can significantly impact innovation in the field. Narrower claims tend to be associated with a higher probability of grant and shorter examination processes, which can encourage more focused and effective innovation[3].
Licensing and Litigation
Overly broad patents can lead to increased licensing and litigation costs, potentially diminishing incentives for innovation. The specificity and clarity of the claims in this patent are crucial in avoiding such issues[3].
Key Takeaways
- Specific Claims: The patent includes detailed claims about the composition and method for transdermal drug delivery, which define its scope.
- Global Landscape: The patent is part of a broader global landscape of transdermal drug delivery patents and applications.
- Litigation Potential: The patent has been involved in litigation, highlighting the importance of clear and specific claims.
- Innovation Impact: The scope and clarity of the claims can influence innovation and the overall efficiency of the patent system.
FAQs
What is the main invention described in US8993520B2?
The main invention is a method and composition for transdermal drug delivery, including a physiologically active agent and a volatile solvent.
What are the key components of the composition?
The key components include a physiologically active agent, a volatile solvent, a penetration enhancer, and a viscosity modulating agent.
How can one search for related patents globally?
One can use resources like the Global Dossier, European Patent Office (EPO) databases, Japan Patent Office (JPO) databases, and the World Intellectual Property Organization (WIPO) PATENTSCOPE® Search Service.
What metrics can be used to measure patent scope?
Metrics such as independent claim length and independent claim count can be used to measure patent scope and assess its impact on the examination process and innovation.
Why is the specificity of claims important in patents?
The specificity of claims is important because it affects the patent's validity, the likelihood of grant, and the potential for litigation and licensing issues, all of which can impact innovation.
Sources
- USPTO - Search for patents
- UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ...
- Patent Claims and Patent Scope - Search eLibrary :: SSRN
- Method and composition for transdermal drug delivery - Google Patents
- in the united states district court
