United States Patent 9,474,752: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 9,474,752, titled "Method for treating a pulmonary hypertension condition," is a significant patent in the field of medical treatments, particularly for pulmonary arterial hypertension (PAH). This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Details
- Publication Number: US9474752B2
- Authority: United States
- Prior Art Date: The patent application was filed on August 14, 2014, and the prior art date is relevant for determining the novelty and non-obviousness of the invention[4].
Invention Description
The patent describes a method for treating pulmonary hypertension, specifically pulmonary arterial hypertension (PAH), by administering a specific drug, ambrisentan, to the subject. Ambrisentan is an endothelin receptor antagonist that has been shown to improve symptoms and outcomes in patients with PAH[4].
Scope of the Patent
Claims
The patent includes multiple claims that define the scope of the invention. Here are some key claims:
- Claim 1: A method for treating pulmonary arterial hypertension in a subject, comprising administering to the subject a therapeutically effective amount of ambrisentan.
- Claim 2: The method of claim 1, wherein the ambrisentan is administered orally.
- Claim 3: The method of claim 1, wherein the ambrisentan is administered in combination with another therapeutic agent[4].
These claims are crucial as they define what is protected under the patent and what would constitute infringement.
Scope Concepts
To understand the scope of the patent, it is helpful to categorize the claims by overarching scope concepts. For example:
- Therapeutic Agent: The use of ambrisentan as a therapeutic agent for PAH.
- Administration Method: The method of administering ambrisentan, such as orally.
- Combination Therapy: The use of ambrisentan in combination with other therapeutic agents[3].
Claims Analysis
Claim Coverage Matrix
A Claim Coverage Matrix can be used to analyze which patents and claims are actively protecting the intellectual property related to this invention. This matrix helps in identifying gaps or opportunities in the patent coverage. For instance:
- High-Value Claims: Claims that directly relate to the current treatment methods using ambrisentan.
- Medium-Value Claims: Claims that indicate potential future directions, such as combination therapies.
- Low-Value Claims: Claims that may not be worth maintaining due to limited applicability or overlap with other patents[3].
Claim Charts
Interactive claim charts generated by tools like ClaimScape® can facilitate the review of patent coverage with engineers, scientists, and management. These charts help in determining whether a particular scope concept is applicable to a target product or method, highlighting gaps in current coverage and future design opportunities[3].
Patent Landscape
Related Patents and Applications
The patent landscape for treatments of pulmonary hypertension is complex and involves numerous patents and applications. Here are a few key points:
- Global Dossier: Using the Global Dossier service, one can view the patent family for this specific application, including related applications filed at participating IP Offices. This helps in understanding the broader international patent landscape[1].
- Common Citation Document (CCD): The CCD application consolidates prior art cited by all participating offices for the family members of a patent application, providing a single point of access to up-to-date citation data[1].
International Patent Offices
To fully understand the patent landscape, it is essential to search international patent databases:
- European Patent Office (EPO): esp@cenet provides access to Europe's patent databases and machine translations of European patents.
- Japan Patent Office (JPO): Offers machine translations of Japanese patents.
- World Intellectual Property Organization (WIPO): PATENTSCOPE® Search Service provides full-text search of published international patent applications and machine translations for some documents[1].
Litigation and Enforcement
Patents like US9474752B2 can be involved in litigation to enforce intellectual property rights. For example, pharmaceutical companies often engage in patent litigation to protect their inventions from generic or biosimilar competitors. A case like Gilead Sciences Inc v. Aurobindo Pharma USA Inc illustrates the importance of patent enforcement in the pharmaceutical industry[2].
Statistics and Industry Impact
- Market Impact: Treatments for PAH are a significant market, with endothelin receptor antagonists like ambrisentan playing a crucial role. According to industry reports, the global PAH market is expected to grow substantially due to the increasing prevalence of the disease and advancements in treatment options.
- Research and Development: The patent highlights the ongoing research and development in the field of pulmonary hypertension treatments. For instance, the use of ambrisentan has been a subject of extensive clinical studies, demonstrating its efficacy and safety in treating PAH[4].
Key Takeaways
- Patent Scope: The patent protects the method of treating PAH using ambrisentan, including specific administration methods and combination therapies.
- Claims Analysis: A thorough analysis of claims using tools like Claim Coverage Matrix and interactive claim charts is essential for understanding the patent's scope and identifying gaps or opportunities.
- Patent Landscape: The patent landscape for pulmonary hypertension treatments is complex and global, requiring searches in international patent databases and services like Global Dossier and CCD.
- Litigation and Enforcement: Patents in the pharmaceutical industry are often subject to litigation to protect intellectual property rights.
FAQs
What is the main invention described in US Patent 9,474,752?
The main invention is a method for treating pulmonary arterial hypertension (PAH) by administering ambrisentan to the subject.
How is ambrisentan administered according to the patent?
Ambrisentan can be administered orally, and it may also be used in combination with other therapeutic agents.
What tools can be used to analyze the claims of this patent?
Tools like Claim Coverage Matrix and interactive claim charts generated by software such as ClaimScape® can be used to analyze the claims.
Why is it important to search international patent databases for this invention?
Searching international patent databases helps in understanding the broader international patent landscape and identifying related applications filed at participating IP Offices.
How does the Global Dossier service help in patent searching?
The Global Dossier service provides access to the file histories of related applications from participating IP Offices, allowing users to see the patent family for a specific application and related citation data.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Unified Patents - Gilead Sciences Inc v. Aurobindo Pharma USA Inc: https://portal.unifiedpatents.com/litigation/Delaware%20District%20Court/case/1:21-cv-01735
- SLWIP - Patent Analytics: https://www.slwip.com/services/patent-analytics/
- Google Patents - US9474752B2: https://patents.google.com/patent/US9474752B2/en
- PubChem - Method for treating a pulmonary hypertension condition: https://pubchem.ncbi.nlm.nih.gov/patent/US-9474752-B2
