United States Patent 9,107,900: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 9,107,900, titled "Use of dronedarone for the preparation of a medicament for use in the prevention of cardiovascular hospitalization or of mortality," is a significant patent in the pharmaceutical sector. This patent, granted to Sanofi, outlines the use of dronedarone, a pharmaceutical compound, in the prevention of cardiovascular-related hospitalizations and mortality. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of Dronedarone
Dronedarone is a medication known for its antiarrhythmic properties, primarily used to treat atrial fibrillation and atrial flutter. The patent in question expands on its therapeutic uses, particularly focusing on its role in preventing cardiovascular hospitalizations and mortality.
Scope of the Patent
The scope of US Patent 9,107,900 is defined by its claims, which specify the use of dronedarone or its pharmaceutically acceptable salts for several medical applications.
Prevention of Cardiovascular Hospitalization
The patent claims the use of dronedarone for preventing about 33% of cardiovascular hospitalizations in patients with permanent atrial fibrillation or atrial flutter[4].
Prevention of Mortality
It also claims the use of dronedarone for preventing about 24% to 45% of mortality in patients with a history of atrial fibrillation or atrial flutter, particularly those with structural heart disease or congestive heart failure in stable hemodynamic conditions[4].
Claims Analysis
The patent includes several claims that detail the specific uses and benefits of dronedarone.
Independent Claims
- The primary independent claims focus on the use of dronedarone for the prevention of cardiovascular hospitalizations and mortality in specific patient groups, such as those with atrial fibrillation, atrial flutter, and structural heart disease[4].
Dependent Claims
- Dependent claims further specify the conditions under which dronedarone is effective, including stable hemodynamic conditions and specific types of heart failure (e.g., NYHA class III)[4].
Patent Claims and Scope Metrics
Research on patent scope often involves metrics such as independent claim length and independent claim count. These metrics can indicate the breadth and clarity of the patent claims. For US Patent 9,107,900, the claims are relatively specific, indicating a narrower scope which is associated with higher grant probabilities and shorter examination processes[3].
Patent Landscape
The patent landscape for cardiovascular medications, particularly those involving antiarrhythmic agents like dronedarone, is complex and highly competitive.
Global Patent System
The patent is part of a global dossier that includes related applications from participating IP Offices, such as the IP5 Offices (USPTO, EPO, JPO, KIPO, and CNIPA). This allows for a unified view of the patent family and access to file histories, classifications, and citation data across different jurisdictions[1].
International Search Resources
To understand the global patent landscape, one must refer to searchable databases provided by international intellectual property offices. For example, the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) offer comprehensive databases that include machine translations for some documents[1].
Competing Patents
The landscape includes other patents related to cardiovascular treatments, some of which may overlap or compete with the uses claimed in US Patent 9,107,900. For instance, other antiarrhythmic medications or treatments for heart failure may have similar claims, necessitating careful analysis to avoid infringement[4].
Legal and Regulatory Considerations
Patent infringement and litigation are significant concerns in the pharmaceutical industry. The legal status of US Patent 9,107,900 is active, but it is crucial to conduct thorough searches and analyses to ensure compliance with existing patents and regulatory requirements[4].
Public Search and Access
The USPTO provides several tools for searching and accessing patent information, including the Patent Public Search tool, Global Dossier, and the Public Search Facility. These resources are essential for conducting preliminary searches and ensuring that new inventions do not infringe on existing patents[1].
Conclusion
US Patent 9,107,900 is a critical patent in the field of cardiovascular medicine, outlining specific therapeutic uses of dronedarone. Understanding its scope, claims, and the broader patent landscape is essential for researchers, pharmaceutical companies, and legal professionals.
Key Takeaways
- Specific Therapeutic Uses: The patent specifies the use of dronedarone for preventing cardiovascular hospitalizations and mortality in patients with atrial fibrillation, atrial flutter, and structural heart disease.
- Claims Analysis: The claims are relatively specific, indicating a narrower scope which is associated with higher grant probabilities and shorter examination processes.
- Global Patent System: The patent is part of a global dossier, allowing for unified access to file histories and citation data across different jurisdictions.
- Competing Patents: The patent landscape includes other cardiovascular treatments, necessitating careful analysis to avoid infringement.
- Legal and Regulatory Considerations: Ensuring compliance with existing patents and regulatory requirements is crucial.
FAQs
Q: What is the primary use of dronedarone as described in US Patent 9,107,900?
A: The primary use is for the prevention of cardiovascular hospitalizations and mortality in patients with atrial fibrillation, atrial flutter, and structural heart disease.
Q: How does the patent scope affect the examination process?
A: A narrower scope, as indicated by specific claims, is associated with a higher probability of grant and a shorter examination process.
Q: What resources are available for searching and accessing patent information related to US Patent 9,107,900?
A: Resources include the USPTO's Patent Public Search tool, Global Dossier, Public Search Facility, and international databases like those from the EPO, JPO, and WIPO.
Q: Why is it important to analyze the global patent landscape for this patent?
A: Analyzing the global patent landscape helps in identifying related applications, avoiding infringement, and ensuring compliance with international intellectual property regulations.
Q: What are some potential legal considerations for this patent?
A: Potential legal considerations include ensuring the patent does not infringe on existing patents, complying with regulatory requirements, and being aware of the active legal status of the patent.
Sources
- USPTO, "Search for patents - USPTO," October 18, 2018.
- Law360, "U.S. Patent Number 9,107,900 : Cases :: Law360."
- SSRN, "Patent Claims and Patent Scope - Search eLibrary :: SSRN," September 29, 2016.
- Google Patents, "US9107900B2 - Use of dronedarone for the preparation of a medicament for use in the prevention of cardiovascular hospitalization or of mortality - Google Patents."
