United States Patent 9,173,847: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 9,173,847, titled "Tablet Comprising a Fibrate," is a significant patent in the pharmaceutical industry, particularly in the formulation and delivery of fibrate drugs. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Background
The patent, granted to its assignees, pertains to stable tablets and pharmaceutical compositions in particulate form that include a fibrate, such as fenofibrate, dissolved or dispersed in a non-aqueous medium. This innovation is crucial for improving the bioavailability and stability of fibrate drugs, which are used to treat conditions like hyperlipidemia.
Scope of the Patent
Pharmaceutical Compositions
The patent covers specific pharmaceutical compositions that include a fibrate as the active ingredient. These compositions are designed to enhance the solubility and stability of the fibrate, ensuring better absorption and efficacy when administered[2].
Formulation and Delivery
The scope extends to the formulation and delivery mechanisms of these pharmaceutical compositions. This includes the use of non-aqueous mediums and specific excipients that help in maintaining the stability of the fibrate. The formulations are tailored to improve patient compliance and therapeutic outcomes[2].
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the core aspects of the invention. These claims typically cover the composition of the tablet, the method of preparing the tablet, and the specific characteristics of the fibrate and the non-aqueous medium used[2].
Dependent Claims
Dependent claims further specify and narrow down the scope of the independent claims. For example, they might detail specific ratios of fibrate to excipients, particular methods of manufacturing, or specific properties of the final tablet product[2].
Patent Landscape
Related Patents
The patent landscape for U.S. Patent 9,173,847 includes other patents related to pharmaceutical formulations and delivery systems. These patents may cover similar or complementary technologies, such as different types of excipients, alternative solubilization methods, or other fibrate formulations.
Continuations and Family Members
Understanding the patent family and any continuations or continuations-in-part is crucial. For instance, if there are other patents in the same family, they might cover additional aspects of the technology or provide broader or narrower claims that could impact the overall patent strategy[1].
Analyzing Claims Coverage
Claim Coverage Matrix
To fully understand the protection offered by U.S. Patent 9,173,847, a Claim Coverage Matrix can be used. This tool categorizes patents by claims and scope concepts, helping to identify which claims actively protect the intellectual property and where gaps or opportunities exist[3].
Scope Concepts
The scope concepts associated with this patent can be categorized into high, medium, or low value based on their current and future relevance to the company. For example, claims related to the specific formulation of fenofibrate might be high-value, while claims related to less critical aspects of the manufacturing process might be medium or low-value[3].
Tools for Patent Analysis
USPTO Resources
The United States Patent and Trademark Office (USPTO) provides several resources for searching and analyzing patents. The Patent Public Search tool, Global Dossier, and Patent and Trademark Resource Centers (PTRCs) can be used to find related patents, track patent families, and analyze citation data[4].
International Patent Offices
For a global perspective, searching international patent offices such as the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can reveal whether similar patents exist abroad and how they might impact the global patent landscape[4].
Strategic Implications
Competitive Analysis
Understanding the patent landscape around U.S. Patent 9,173,847 allows companies to conduct a competitive analysis. This involves identifying competitors' patents, assessing their claims, and determining potential areas for innovation or litigation[3].
Licensing and Collaboration
The patent can be a valuable asset for licensing or collaboration. Companies can use the patent to negotiate licensing agreements or partnerships, especially if the patent covers a critical aspect of fibrate formulation and delivery[3].
Challenges and Opportunities
Obviousness-Type Double Patenting (ODP)
Patents in the same family or related to U.S. Patent 9,173,847 may face challenges related to obviousness-type double patenting (ODP). Ensuring that each patent in the family does not claim the same invention and that terminal disclaimers are properly used can mitigate these risks[1].
Future Design Opportunities
The claim charts generated from patent analytics can highlight future design opportunities. By identifying gaps in current claim coverage, companies can focus on developing new formulations or delivery systems that are not yet protected by existing patents[3].
Key Takeaways
- Specific Formulations: U.S. Patent 9,173,847 covers specific formulations of fibrate drugs, enhancing their solubility and stability.
- Claims Analysis: The patent includes independent and dependent claims that define the core aspects of the invention.
- Patent Landscape: Understanding related patents and the broader patent family is crucial for strategic planning.
- Tools and Resources: Utilizing USPTO resources and international patent offices can provide a comprehensive view of the patent landscape.
- Strategic Implications: The patent can be used for competitive analysis, licensing, and collaboration.
FAQs
Q: What is the primary focus of U.S. Patent 9,173,847?
A: The primary focus is on stable tablets and pharmaceutical compositions in particulate form that include a fibrate, such as fenofibrate, dissolved or dispersed in a non-aqueous medium.
Q: How can a Claim Coverage Matrix help in analyzing this patent?
A: A Claim Coverage Matrix helps in categorizing patents by claims and scope concepts, identifying which claims actively protect the intellectual property and where gaps or opportunities exist.
Q: What resources can be used to search and analyze related patents?
A: Resources include the USPTO's Patent Public Search tool, Global Dossier, Patent and Trademark Resource Centers (PTRCs), and international patent offices like the EPO and WIPO.
Q: What is the significance of obviousness-type double patenting (ODP) in this context?
A: ODP is significant because it prevents an inventor from securing a second, later-expiring patent for an invention covered by a patent that was filed at the same time but has a different patent term due to a grant of Patent Term Adjustment (PTA).
Q: How can companies leverage U.S. Patent 9,173,847 strategically?
A: Companies can use the patent for competitive analysis, licensing agreements, and collaborations, and to identify future design opportunities by analyzing gaps in current claim coverage.
Sources
- In re Cellect, LLC, United States Court of Appeals for the Federal Circuit, August 28, 2023.
- US-9173847-B2 - Tablet Comprising a Fibrate, Unified Patents.
- Patent Analytics, Intellectual Property Law, Schwegman.
- Search for patents, United States Patent and Trademark Office (USPTO).
