Understanding the Scope and Claims of United States Patent 9,132,107
Introduction
Patent 9,132,107, titled "Gamma-hydroxybutyrate compositions and their use for the treatment of disorders," is a significant patent owned by Jazz Pharmaceuticals. This patent is part of a broader portfolio related to gamma-hydroxybutyrate (GHB) compositions, particularly for the treatment of various medical conditions. Here, we will delve into the details of this patent, its claims, and the surrounding patent landscape.
Patent Overview
Patent Number and Issue Date
The United States Patent 9,132,107 was issued on September 15, 2015, by the United States Patent and Trademark Office (USPTO)[2].
Inventors and Assignees
The patent is assigned to Jazz Pharmaceuticals, with the inventors contributing to the development of gamma-hydroxybutyrate compositions.
Background and Summary
Gamma-hydroxybutyrate (GHB) is a compound used in the treatment of several disorders, including narcolepsy and cataplexy. The patent describes specific compositions of GHB and their methods of use, focusing on improving the efficacy and safety of these treatments.
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically describe the composition, the method of preparation, and the method of use for treating specific disorders.
- Claim 1: This claim typically defines the broadest scope of the invention, such as a composition comprising gamma-hydroxybutyrate and a specific excipient.
- Claim 10: This might include a method of treating a disorder, such as narcolepsy, using the gamma-hydroxybutyrate composition.
Dependent Claims
Dependent claims further narrow down the scope of the independent claims by adding additional limitations or features.
- Claim 2: This claim might specify a particular concentration of gamma-hydroxybutyrate in the composition.
- Claim 11: This could detail a specific dosing regimen for the treatment method.
Patent Landscape
Related Patents
The patent 9,132,107 is part of a larger family of patents related to GHB compositions and their uses. Other patents in this family include:
- U.S. Patent 8,591,922: Also owned by Jazz Pharmaceuticals, this patent covers similar gamma-hydroxybutyrate compositions and their use in treating disorders[2].
- U.S. Patent 9,050,302: Another patent in the series, this one might cover different formulations or methods of administration.
Global Dossier
Using the Global Dossier service provided by the USPTO, one can access the file histories of related applications from participating IP Offices. This service helps in understanding the global patent family and the status of related applications[1].
Litigation and Enforcement
Patent Infringement
The patent 9,132,107 has been involved in litigation, particularly in cases where generic manufacturers have sought to enter the market with similar products. For example, Jazz Pharmaceuticals has sued Teva Pharmaceuticals for patent infringement related to the submission of an Abbreviated New Drug Application (ANDA) for a generic version of Jazz's product, Xywav®[2].
Search and Analysis Tools
Patent Public Search
To conduct a thorough analysis of the patent landscape, tools like the Patent Public Search provided by the USPTO are invaluable. This tool offers enhanced access to prior art and allows users to search and analyze patent documents efficiently[1].
Common Citation Document (CCD)
The Common Citation Document (CCD) application consolidates citation data from multiple patent offices, enabling a comprehensive view of the prior art cited for a patent family. This is particularly useful for understanding the broader patent landscape and potential challenges to the patent's validity[1].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents, including those related to gamma-hydroxybutyrate compositions. This dataset can be used to analyze trends and scope measurements of patents, offering insights into the economic and research implications of these inventions[3].
Policy and Legal Considerations
Small Claims Patent Court
There have been discussions and studies on the feasibility of a small claims patent court, which could impact how patent disputes, including those related to patents like 9,132,107, are handled. Such a court could provide a more streamlined and cost-effective way to resolve patent infringement cases[5].
Conclusion
Understanding the scope and claims of United States Patent 9,132,107 is crucial for both the pharmaceutical industry and legal practitioners. This patent, along with its related family of patents, plays a significant role in the treatment of various medical disorders. The use of advanced search tools, analysis of the patent landscape, and consideration of legal and policy implications are all essential for navigating the complex world of patent law.
Key Takeaways
- Patent Scope: The patent covers specific gamma-hydroxybutyrate compositions and their methods of use for treating disorders.
- Claims Analysis: Independent and dependent claims define the invention's scope, including composition, preparation, and treatment methods.
- Related Patents: Part of a larger family of patents related to GHB compositions.
- Litigation: Involved in patent infringement cases, particularly against generic manufacturers.
- Search Tools: Utilize tools like Patent Public Search and CCD for comprehensive analysis.
- Economic Implications: Analyze using datasets like the Patent Claims Research Dataset.
FAQs
Q1: What is the primary use of the gamma-hydroxybutyrate compositions described in Patent 9,132,107?
A1: The primary use is for the treatment of disorders such as narcolepsy and cataplexy.
Q2: How can one access the file histories of related patent applications?
A2: Using the Global Dossier service provided by the USPTO.
Q3: What is the significance of the Common Citation Document (CCD) application?
A3: It consolidates citation data from multiple patent offices, providing a comprehensive view of prior art.
Q4: Why is the Patent Claims Research Dataset important?
A4: It provides detailed information on claims from U.S. patents, useful for analyzing trends and scope measurements.
Q5: What is the potential impact of a small claims patent court on patent disputes?
A5: It could provide a more streamlined and cost-effective way to resolve patent infringement cases.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Jazz Pharmaceuticals vs. Teva Pharmaceuticals: https://insight.rpxcorp.com/litigation_documents/15157042
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - EP4106740A1: https://patents.google.com/patent/EP4106740A1/he
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
