United States Patent 9,125,909: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 9,125,909, hereafter referred to as the "'909 patent," is a significant patent in the pharmaceutical sector, particularly in the treatment of cognitive impairment and related conditions. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Background of the Patent
The '909 patent, titled "1-[2-(2,4 dimethylphenylsulfanyl)-phenyl]piperazine as a compound with combined serotonin reuptake, 5-HT3 and 5-HT1A activity for the treatment of cognitive impairment," was granted to address the need for effective treatments for cognitive impairment, often associated with conditions like depression[4].
Scope of the Patent
The '909 patent covers a specific compound, 1-[2-(2,4 dimethylphenylsulfanyl)-phenyl]piperazine, and its pharmaceutically acceptable salts. This compound is characterized by its combined serotonin reuptake, 5-HT3, and 5-HT1A activities, which are crucial for treating cognitive impairment.
Therapeutic Applications
The patent highlights the therapeutic applications of the compound, particularly in treating cognitive impairment. This includes addressing symptoms such as cognitive disorders that may be secondary to depression. The specification notes that improvement in the depressive state can also lead to an improvement in cognitive impairment[2].
Physical Forms and Preparations
The patent also details various physical forms and preparations of the compound, including pills, tablets, discs, and rods. It categorizes these preparations under specific classifications such as A61K9/20, A61K9/2004, and A61K9/2013, indicating the medicinal preparations characterized by special physical forms[4].
Claims of the Patent
The claims of the '909 patent are critical in defining the invention and the rights of the patentee.
Claim Construction
Claim construction is a legal process that determines the meaning and scope of the claims in a patent. For the '909 patent, claim construction disputes have been a subject of litigation. The court's role is to interpret the claims based on their ordinary and customary meaning to a person of ordinary skill in the art at the time of the invention[2].
Indefiniteness
A key aspect of claim construction is ensuring that the claims are not indefinite. A claim term is indefinite if it fails to inform those skilled in the art about the scope of the invention with reasonable certainty. In the case of the '909 patent, defendants have argued about the indefiniteness of certain terms, but the court has to determine whether these terms meet the standard of definiteness[2].
Patent Landscape
The patent landscape surrounding the '909 patent involves several related patents and ongoing legal disputes.
Related Patents
The '909 patent is part of a family of patents that include U.S. Patent Nos. 9,125,908 ('908 patent), 9,125,910 ('910 patent), and 9,278,096 ('096 patent). These patents share similar subject matter and have been involved in the same legal disputes regarding claim construction and indefiniteness[2].
Global Patent System
The '909 patent is also part of the global patent system, where it is linked to other patent applications filed at participating IP Offices through services like the Global Dossier. This allows for a unified view of the patent family and access to related applications and dossier data[1].
Legal Disputes
The '909 patent has been involved in significant legal disputes, particularly regarding claim construction. These disputes highlight the complexities and nuances of patent law, where the interpretation of claim terms can significantly impact the scope and validity of the patent[2].
Economic and Research Implications
The '909 patent and similar patents have economic and research implications that are worth exploring.
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents, including those related to the '909 patent. This dataset helps in analyzing trends and measurements of patent scope, which can be crucial for understanding the economic impact of these patents[3].
Market Impact
Patents like the '909 patent can have a significant market impact, especially in the pharmaceutical industry. They can influence the development of new treatments and the competitive landscape among pharmaceutical companies.
Public Access and Search Resources
For those interested in the '909 patent or similar patents, several resources are available.
USPTO Public Search Facility
The USPTO Public Search Facility in Alexandria, VA, provides access to patent and trademark information in various formats, including online, microfilm, and print. Trained staff are available to assist users[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs offer search resources and training in patent search techniques, which can be helpful for researchers and inventors[1].
Common Citation Document (CCD)
The CCD application consolidates prior art cited by participating IP Offices, making it easier to visualize search results for the same invention on a single page[1].
Conclusion
The United States Patent 9,125,909 is a complex and significant patent in the pharmaceutical sector, with implications for the treatment of cognitive impairment and related conditions. Understanding its scope, claims, and the broader patent landscape is crucial for both legal and economic analysis.
Key Takeaways
- Scope and Claims: The patent covers a specific compound with combined serotonin reuptake, 5-HT3, and 5-HT1A activities.
- Therapeutic Applications: It is used for treating cognitive impairment, particularly in conditions associated with depression.
- Patent Landscape: The patent is part of a family of related patents and is linked to global patent systems.
- Legal Disputes: Claim construction and indefiniteness have been key issues in legal disputes.
- Economic and Research Implications: The patent has significant economic and research implications, especially in the pharmaceutical industry.
FAQs
Q: What is the main compound covered by the '909 patent?
A: The main compound is 1-[2-(2,4 dimethylphenylsulfanyl)-phenyl]piperazine and its pharmaceutically acceptable salts.
Q: What are the therapeutic applications of the compound?
A: The compound is used for treating cognitive impairment, particularly in conditions associated with depression.
Q: How are the claims of the '909 patent constructed?
A: Claim construction involves interpreting the claims based on their ordinary and customary meaning to a person of ordinary skill in the art at the time of the invention.
Q: What is the significance of the Global Dossier in relation to the '909 patent?
A: The Global Dossier provides a unified view of the patent family and access to related applications and dossier data from participating IP Offices.
Q: Where can one access detailed information about the '909 patent and similar patents?
A: Detailed information can be accessed through the USPTO Public Search Facility, PTRCs, and the Common Citation Document (CCD) application.
Sources
- USPTO: Search for patents - USPTO
- District of Delaware: CA No. 18-88-LPS - District of Delaware
- USPTO: Patent Claims Research Dataset - USPTO
- Google Patents: US9125909B2 - 1-[2-(2,4 dimethylphenylsulfanyl)-phenyl]piperazine...
