United States Patent 9,226,903: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 9,226,903, titled "Transdermal therapeutic system comprising an adhesive layer," is a significant patent in the field of pharmaceuticals and medical devices. This patent, granted to innovators in the healthcare sector, protects a specific transdermal therapeutic system designed to deliver medications through the skin. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Invention Description
The patent describes a transdermal therapeutic system that includes several key components: a backing layer, an adhesive layer, a polymer layer, and a removable protective layer. This system is designed to deliver therapeutic agents through the skin, providing a controlled and sustained release of the medication[5].
Scope of the Patent
Claims Analysis
The claims of a patent are its most critical part, as they define the scope of protection. For US Patent 9,226,903, the claims are structured to cover the specific components and their arrangement within the transdermal therapeutic system.
- Independent Claims: These claims define the broadest scope of the invention. For example, Claim 1 might describe the overall system, including the backing layer, adhesive layer, polymer layer, and removable protective layer.
- Dependent Claims: These claims narrow down the scope by adding specific details or limitations to the independent claims. For instance, a dependent claim might specify the type of adhesive used or the material composition of the polymer layer.
Scope Concepts
To understand the patent landscape, it is essential to categorize the patents by scope concepts. This involves grouping claims based on overarching concepts that link similar patents. For US Patent 9,226,903, scope concepts might include:
- Transdermal Drug Delivery: This concept encompasses all claims related to the delivery mechanism of the therapeutic agents through the skin.
- Adhesive Layer Composition: This concept includes claims that specify the materials and properties of the adhesive layer.
- Polymer Layer Characteristics: This involves claims that describe the type, thickness, and other properties of the polymer layer[3].
Patent Claims and Coverage
Claim Coverage Matrix
A Claim Coverage Matrix is a tool used to determine which patents and claims are actively protecting the intellectual property. For US Patent 9,226,903, this matrix would help identify:
- Active Claims: Which claims are currently protecting the transdermal therapeutic system.
- Gaps in Coverage: Areas where the patent does not provide adequate protection, indicating potential vulnerabilities or opportunities for further innovation.
- Future Design Opportunities: The matrix can highlight scope concepts that are valuable now or could be in the future, guiding R&D efforts[3].
Claim Charts
Claim charts generated by software like ClaimScape® can facilitate a quick and accurate review of patent coverage. These charts help technical experts, engineers, and management to determine if a particular scope concept is applicable to a target product or method. This tool is particularly useful for identifying gaps in current coverage and highlighting future design opportunities[3].
Patent Landscape
Competitor Patents
Analyzing the patent landscape involves identifying similar patents held by competitors. This can be done using tools like the USPTO's Global Dossier, which provides access to file histories of related applications from participating IP Offices. By examining these patents, one can identify:
- Overlapping Claims: Claims that are similar or overlapping with those of US Patent 9,226,903.
- Innovative Differences: Unique features or improvements in competitor patents that could be considered for future development[1].
Technology Trends
The patent landscape also reveals broader technology trends. For example, the field of transdermal drug delivery is constantly evolving, with new materials and delivery mechanisms being developed. By tracking these trends, innovators can stay ahead in the market and identify areas for further research and development.
Reissue and Continuation Procedures
Reissue Patents
If the original patent needs to be broadened or narrowed, the patent holder may seek a reissue patent. However, reissue claims must comply with the "original patent" requirement under 35 U.S.C. § 251, meaning they must be directed to the invention disclosed in the original patent. Any attempt to broaden the claims beyond what was originally disclosed can lead to invalidation of the reissue claims[2].
Continuation Applications
Continuation applications allow patent holders to further prosecute their inventions during the examination process. These can include continuation, divisional, and continuation-in-part applications. Understanding these procedures is crucial for maintaining and expanding the scope of protection for the transdermal therapeutic system[4].
Probability of Patent Allowance
The probability of receiving a patent, including continuations and reissues, can be complex. Studies have shown that the allowance rate varies based on factors such as the technology field, the origin of the application, and whether the applicant is a large or small entity. For instance, the family allowance rate, which includes the outcomes of continuation applications, provides a comprehensive view of the likelihood of obtaining at least one patent from a progenitor application[4].
Key Takeaways
- Detailed Claims Analysis: Understanding the independent and dependent claims is crucial for defining the scope of protection.
- Scope Concepts and Claim Coverage: Categorizing claims by scope concepts helps in identifying gaps and opportunities in the patent landscape.
- Competitor Analysis: Examining competitor patents reveals overlapping claims and innovative differences.
- Reissue and Continuation Procedures: Compliance with statutory requirements is essential for maintaining and expanding patent protection.
- Technology Trends: Staying updated with industry trends is vital for continuous innovation and market dominance.
FAQs
Q: What is the main purpose of the transdermal therapeutic system described in US Patent 9,226,903?
A: The main purpose is to deliver therapeutic agents through the skin, providing a controlled and sustained release of medication.
Q: How can a Claim Coverage Matrix help in managing intellectual property?
A: A Claim Coverage Matrix helps identify which patents and claims are actively protecting the intellectual property, gaps in coverage, and future design opportunities.
Q: What is the significance of the "original patent" requirement in reissue patents?
A: The "original patent" requirement ensures that reissue claims must be directed to the invention disclosed in the original patent, preventing the broadening of claims beyond what was originally disclosed.
Q: How do continuation applications impact the patent landscape?
A: Continuation applications allow for further prosecution of the invention, enabling the patent holder to maintain and expand the scope of protection through various types of continuation procedures.
Q: What factors influence the probability of receiving a patent?
A: Factors such as the technology field, application origin, and whether the applicant is a large or small entity influence the probability of receiving a patent.
Sources
- USPTO: Search for patents - USPTO.
- Court of Appeals for the Federal Circuit: In Re FLOAT'N'GRILL LLC.
- Schwegman: Patent Analytics | Intellectual Property Law.
- Yale Journal of Law and Technology: What Is the Probability of Receiving a US Patent?
- PubChem: Transdermal therapeutic system comprising an adhesive layer ...
