Analyzing the Scope and Claims of United States Patent 9,180,096: A Detailed Examination
Introduction
United States Patent 9,180,096, titled "Formulation of diclofenac," is a significant patent in the pharmaceutical industry, particularly in the field of pain management and anti-inflammatory treatments. This article delves into the scope, claims, and the broader patent landscape surrounding this patent.
Overview of the Patent
Title and Abstract
The patent, issued to a pharmaceutical company, pertains to methods for producing particles of diclofenac using dry milling processes. Diclofenac is a nonsteroidal anti-inflammatory drug (NSAID) commonly used to treat pain, inflammatory disorders, and dysmenorrhea[5].
Scope of the Patent
Claim Analysis
The scope of a patent is largely defined by its claims, which outline the specific inventions or methods that are protected. For Patent 9,180,096, the claims focus on the unique methods of producing diclofenac particles through dry milling.
- Independent Claims: These claims are crucial as they define the broadest scope of the invention. In this case, the independent claims would likely cover the specific dry milling process, the resulting particle characteristics, and any unique formulations derived from this process[3].
- Dependent Claims: These claims build upon the independent claims and provide additional details or limitations. They might include specific parameters for the milling process, such as the type of mill used, the duration of milling, or the particle size distribution achieved[3].
Patent Scope Metrics
Research has shown that patent scope can be measured using metrics such as independent claim length and independent claim count. Narrower claims, as indicated by shorter lengths and fewer counts, are often associated with a higher probability of grant and a shorter examination process[3].
Claims and Patent Examination
Examination Process
The examination process for Patent 9,180,096 would have involved a thorough review by the U.S. Patent and Trademark Office (USPTO) to ensure the claims are novel, non-obvious, and adequately described. The process can narrow the scope of patent claims over time, especially if the examination duration is longer[3].
- First-Action Allowance Rate: This metric indicates the proportion of progenitor applications allowed without further examination. For patents like 9,180,096, a higher first-action allowance rate could suggest that the initial claims were well-defined and met the patentability criteria[1].
- Progenitor Allowance Rate: This rate includes the proportion of progenitor applications allowed without any continuation procedures. It provides a broader view of the patent's allowance history, including any continuations or divisions that may have been filed[1].
Patent Landscape
Technology Field
Patent 9,180,096 falls under the "Drugs and Medical" technology field, one of the broad categories used by the USPTO to classify patents. This field is highly competitive and subject to stringent regulatory requirements[1].
Global Patent Family
To understand the full scope of protection, it is essential to look at the global patent family. Tools like the Global Dossier provided by the USPTO allow users to see related applications filed at participating IP Offices, including the IP5 Offices (the USPTO, the European Patent Office, the Japan Patent Office, the Korean Intellectual Property Office, and the State Intellectual Property Office of China)[4].
- International Patent Databases: Searching international databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can reveal if similar patents or applications exist globally[4].
Search and Analysis Tools
USPTO Resources
Several tools are available for searching and analyzing patents, including the Patent Public Search tool, which replaced legacy search tools like PubEast and PubWest. This tool provides enhanced access to prior art and can help in understanding the patent landscape surrounding 9,180,096[4].
- Patent Official Gazette: This resource allows users to browse through issued patents for the current week, categorized by classification or type of patent. It can be useful for tracking recent developments in the field[4].
- Common Citation Document (CCD): The CCD consolidates prior art cited by all participating offices for the family members of a patent application, providing a comprehensive view of the patent's position within the global landscape[4].
Industry Impact and Innovation
Licensing and Litigation
The scope and claims of Patent 9,180,096 can significantly impact licensing and litigation in the pharmaceutical industry. Broader claims might lead to increased licensing and litigation costs, potentially diminishing incentives for innovation. However, narrower claims, as validated by metrics like claim length and count, can facilitate a smoother and more efficient innovation process[3].
Market Dominance
A well-defined patent like 9,180,096 can provide a competitive edge in the market. By protecting the unique method of producing diclofenac particles, the patent holder can ensure exclusivity in manufacturing and distribution, thereby influencing market dynamics.
Conclusion
United States Patent 9,180,096 is a critical piece of intellectual property in the pharmaceutical sector, particularly in the production of diclofenac. Understanding its scope, claims, and the broader patent landscape is essential for both the patent holder and competitors.
Key Takeaways
- Claim Analysis: The patent's claims define its scope, with independent claims being crucial for understanding the broadest protection.
- Patent Examination: The examination process can narrow the scope of claims, and metrics like claim length and count can predict the likelihood of grant.
- Global Patent Family: Analyzing the global patent family helps in understanding the full scope of protection.
- Industry Impact: The patent's scope can influence licensing, litigation, and market dominance.
FAQs
Q: What is the main focus of United States Patent 9,180,096?
A: The main focus is on methods for producing particles of diclofenac using dry milling processes.
Q: How can the scope of a patent be measured?
A: The scope can be measured using metrics such as independent claim length and independent claim count.
Q: What tools are available for searching and analyzing patents?
A: Tools include the Patent Public Search tool, Global Dossier, and the Common Citation Document (CCD).
Q: How does the patent examination process affect the scope of claims?
A: The examination process can narrow the scope of claims, especially if the examination duration is longer.
Q: What is the significance of the global patent family in patent analysis?
A: It helps in understanding the full scope of protection by showing related applications filed at participating IP Offices.
Sources
- Carley, M., & Hegde, D. "What Is the Probability of Receiving a US Patent?" Yale Journal of Law and Technology, [PDF].
- U.S. Patent and Trademark Office (USPTO). "U.S. Patent and Trademark Office (USPTO)" USAGov.
- Lemley, M. A., & Sampat, B. N. "Patent Claims and Patent Scope" SSRN, 2016.
- U.S. Patent and Trademark Office (USPTO). "Search for patents - USPTO".
- DrugPatentWatch. "Patent 9,180,096: Formulation of diclofenac".
