United States Patent 9,023,790: A Detailed Analysis of Scope and Claims
Introduction
United States Patent 9,023,790, titled "Pharmaceutical Compositions of Posaconazole," is a significant patent in the pharmaceutical industry, particularly in the field of antifungal treatments. This patent, assigned to Merck Sharp & Dohme Corp., covers specific formulations of posaconazole, a triazole antifungal drug. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background on Posaconazole
Posaconazole is an antifungal medication used to treat invasive infections caused by Candida and Aspergillus species, especially in patients with weakened immune systems[4].
Patent Overview
Patent Number and Date
The patent number is 9,023,790, and it was granted on May 5, 2015[5].
Assignee
The patent is assigned to Merck Sharp & Dohme Corp., a major pharmaceutical company.
Scope of the Patent
Invention Description
The patent describes pharmaceutical compositions of posaconazole, specifically formulations that enhance the bioavailability and stability of the drug. The invention focuses on improving the pharmacokinetic properties of posaconazole, which is crucial for its effectiveness in treating fungal infections[5].
Key Features
- Formulation: The patent details various formulations, including suspensions and tablets, designed to optimize the absorption of posaconazole.
- Pharmacokinetic Properties: Clinical trials have shown that these formulations achieve acceptable pharmacokinetic properties, such as improved bioavailability and stability[5].
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically describe the composition, method of preparation, and use of the posaconazole formulations.
Dependent Claims
Dependent claims further specify the details of the independent claims, such as the exact composition ratios, preparation methods, and specific uses of the formulations.
Claim Length and Count
Research on patent claims suggests that the length and count of claims can be indicative of patent scope. Narrower claims with fewer dependencies often indicate a more focused and potentially stronger patent[3].
Patent Landscape
Related Patents
The patent landscape for posaconazole includes several other patents related to its formulation, use, and manufacturing processes. For example, patents like US5703079 and US5661151 also cover various aspects of posaconazole formulations and their uses[4].
Global Patent Family
Using tools like the Global Dossier provided by the USPTO, one can see the patent family for this specific application, including related applications filed at participating IP Offices. This helps in understanding the global protection and status of the patent[1].
Citation Data
The Common Citation Document (CCD) application can provide insights into the prior art cited by various patent offices for the same invention, helping to assess the novelty and non-obviousness of the patent claims[1].
Economic and Legal Implications
Patent Scope and Quality
The scope of a patent, as measured by metrics like independent claim length and count, can impact its quality and the incentives for innovation. Narrower claims, as seen in this patent, are often associated with a higher probability of grant and shorter examination processes[3].
Licensing and Litigation
The clarity and breadth of patent claims can influence licensing and litigation costs. Well-defined claims, such as those in this patent, can reduce the likelihood of disputes and enhance the value of the patent[3].
Search and Analysis Tools
USPTO Resources
Tools like the Patent Public Search, Global Dossier, and the Patent Examination Data System (PEDS) provided by the USPTO are essential for conducting thorough searches and analyses of patents like US 9,023,790[1].
International Databases
Searching international patent databases, such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO), can help in understanding the global patent landscape for posaconazole formulations[1].
Conclusion
United States Patent 9,023,790 is a significant contribution to the field of antifungal treatments, particularly in the formulation and delivery of posaconazole. Understanding the scope, claims, and broader patent landscape is crucial for both legal and business strategies.
Key Takeaways
- Patent Scope: The patent focuses on improving the pharmacokinetic properties of posaconazole through specific formulations.
- Claims Analysis: The patent includes independent and dependent claims that define the composition, preparation, and use of the formulations.
- Patent Landscape: The patent is part of a larger family of patents related to posaconazole, with global protection and citation data available through various tools.
- Economic Implications: The clarity and breadth of the claims can impact licensing, litigation, and the overall value of the patent.
- Search Tools: Utilizing USPTO and international patent databases is essential for thorough analysis.
FAQs
What is the main focus of United States Patent 9,023,790?
The main focus of this patent is on pharmaceutical compositions of posaconazole that enhance its bioavailability and stability.
Who is the assignee of this patent?
The patent is assigned to Merck Sharp & Dohme Corp.
How can one access the global patent family for this patent?
Using the Global Dossier service provided by the USPTO, users can access the file histories of related applications from participating IP Offices.
What metrics can be used to measure the scope of a patent?
Metrics such as independent claim length and count can be used to measure the scope of a patent and assess its quality[3].
Where can one find detailed information on the claims of this patent?
Detailed information on the claims can be found in the patent document itself, available through the USPTO's Patent Public Search tool or other patent databases[1].
Sources
- USPTO: Search for patents - USPTO. (2018, October 18).
- USPTO: Patent Claims Research Dataset - USPTO. (2017, August 28).
- SSRN: Patent Claims and Patent Scope. (2016, September 29).
- DrugBank: Posaconazole: Uses, Interactions, Mechanism of Action - DrugBank.
- Google APIs: United States Patent - googleapis.com. (2011, June 24).
