United States Patent 9,220,694 B2: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 9,220,694 B2, titled "Emulsion Compositions Containing Cetalkonium Chloride," was granted on December 29, 2015, to Novagali Pharma, now known as Santen SAS. This patent is significant in the field of pharmaceutical, ophthalmic, and cosmetic compositions, particularly those involving quaternary ammonium compounds.
Field of Invention
This patent pertains to emulsion compositions that include quaternary ammonium compounds, specifically cetalkonium chloride, which is used as an antiseptic or antimicrobial agent. These compositions are particularly useful for eye care and the treatment of various eye conditions[1].
Background of Invention
Quaternary ammonium compounds, such as benzalkonium chloride, are widely used as cationic surface-acting agents. They have antimicrobial properties, making them essential in pharmaceutical and cosmetic formulations. The invention builds upon the existing use of these compounds by developing specific emulsion compositions that enhance their efficacy and stability[1].
Claims of the Patent
The patent includes several claims that define the scope of the invention:
- Claim 1: This claim describes the emulsion composition containing cetalkonium chloride as the quaternary ammonium compound, along with other components such as oils, emulsifiers, and preservatives.
- Subsequent Claims: These claims specify various aspects of the composition, including the concentration of cetalkonium chloride, the types of oils and emulsifiers used, and the pH range of the emulsion[1].
Key Components of the Emulsion
- Cetalkonium Chloride: This is the primary active ingredient, acting as an antimicrobial agent.
- Oils and Emulsifiers: These components help in stabilizing the emulsion and ensuring the uniform distribution of cetalkonium chloride.
- Preservatives: Additional preservatives may be included to enhance the shelf life of the composition[1].
Patent Scope and Claim Clarity
The scope of this patent is defined by the specific claims and the detailed description provided in the patent specification. The clarity of the claims is crucial for determining the patent's validity and enforceability. Metrics such as independent claim length and independent claim count can be used to assess the scope and clarity of the patent claims, as discussed in broader patent quality debates[3].
Prosecution History and Related Patents
The patent was filed on August 2, 2013, as part of a continuation-in-part application. It references several prior patents related to quaternary ammonium compounds and emulsion compositions. Understanding the prosecution history and the relationship with other patents is essential for assessing the patent's validity and potential infringement issues[1].
Industrial Applications
The emulsion compositions described in this patent have various industrial applications:
- Ophthalmic Care: These compositions can be used in eye drops, ointments, and other formulations for treating eye conditions.
- Cosmetic Products: They can be incorporated into skincare products, shampoos, and other personal care items due to their antimicrobial properties.
- Pharmaceuticals: The compositions may be used in pharmaceutical formulations requiring antimicrobial agents[1].
Statistical and Experimental Data
The patent includes data from experiments comparing the efficacy of the emulsion compositions with other formulations. For example, the Draize test evaluation shows the effectiveness of the compositions containing cetalkonium chloride compared to other benchmarks like PBS and CKC[1].
Expert Insights and Industry Impact
Industry experts emphasize the importance of such patents in advancing the field of pharmaceutical and cosmetic formulations. The development of stable and effective emulsion compositions with antimicrobial properties can significantly improve product quality and safety.
"Quaternary ammonium compounds are organic compounds usually used as an antiseptic or antimicrobial agent. For example, benzalkonium chloride is a nitrogenous cationic surface-acting agent belonging to the quaternary ammonium compounds"[1].
Litigation and Enforcement
Patents like US 9,220,694 B2 are often involved in litigation to protect intellectual property rights. The clarity and scope of the claims are critical in such cases, as seen in other patent infringement actions where claim construction and validity are key issues[5].
Future Developments and Innovations
The patent landscape around quaternary ammonium compounds and emulsion compositions is continuously evolving. Future innovations may focus on improving the stability, efficacy, and safety of these compositions, potentially leading to new patents and further advancements in the field.
Key Takeaways
- The patent US 9,220,694 B2 is significant for its contribution to emulsion compositions containing cetalkonium chloride.
- It has broad applications in ophthalmic care, cosmetics, and pharmaceuticals.
- The clarity and scope of the claims are crucial for determining the patent's validity and enforceability.
- The patent is part of a larger landscape involving related patents and ongoing innovations in the field.
Frequently Asked Questions (FAQs)
Q1: What is the primary active ingredient in the emulsion compositions described in US 9,220,694 B2?
The primary active ingredient is cetalkonium chloride, a quaternary ammonium compound with antimicrobial properties.
Q2: What are the main applications of the emulsion compositions?
The main applications include ophthalmic care, cosmetic products, and pharmaceutical formulations.
Q3: How was the efficacy of the emulsion compositions evaluated?
The efficacy was evaluated through experiments, including the Draize test, which compared the compositions to other benchmarks.
Q4: Why is the clarity of the claims important in this patent?
The clarity of the claims is crucial for determining the patent's validity and enforceability, especially in litigation cases.
Q5: What is the significance of the prosecution history of this patent?
Understanding the prosecution history helps in assessing the patent's validity and its relationship with other related patents.
Cited Sources:
- United States Patent and Trademark Office, "US 9,220,694 B2 - Emulsion Compositions Containing Cetalkonium Chloride," December 29, 2015.
- CAFC, "ALLERGAN USA, INC. v. MSN LABORATORIES PRIVATE LTD.," August 13, 2024.
- Hoover Institution, "Patent Claims and Patent Scope," August 18, 2024.
- Sensafe, "Product Patents | Industrial Test Systems | Rock Hill, SC."
- GovInfo, "Case 1:22-cv-01395-RGA Document 194 Filed 05/31/24."
