Understanding the Scope and Claims of United States Patent 9,532,944
Introduction
United States Patent 9,532,944, titled "Methods of improving ocular discomfort," is a significant patent in the field of ophthalmology, particularly focusing on treatments for ocular conditions and improving ocular surface health. Here, we will delve into the details of the patent, including its scope, claims, and the broader patent landscape.
Patent Overview
The patent, assigned to Oyster Point Pharma, was granted on December 27, 2016, and is set to expire on October 19, 2035[2].
Scope of the Patent
The patent covers methods for treating ocular conditions and improving ocular surface health. Specifically, it involves the local administration of therapeutically effective amounts of a nicotinic acetylcholine receptor agonist to the eye. This approach is designed to stimulate the lacrimal gland and increase tear production, thereby alleviating ocular discomfort and improving ocular health[1].
Claims of the Patent
The patent includes several claims that define the scope of the invention. Here are some key aspects:
Independent Claims
- The patent claims methods for treating ocular conditions by administering a nicotinic acetylcholine receptor agonist. These claims specify the type of agonist, the method of administration, and the therapeutic effects expected[1].
Dependent Claims
- Dependent claims further detail the specific embodiments of the invention, including the dosage forms of the agonist, the frequency of administration, and the specific ocular conditions treated. For example, one claim specifies the use of Compound X eye drops as a treatment[4].
Patent Use Code and Expiration
The patent is listed in the FDA Orange Book with a patent use code of U-1900, indicating its use in the treatment of a specific condition. The patent is set to expire on October 19, 2035[2].
Patent Eligibility and Scope Metrics
The patent's eligibility and scope can be evaluated using metrics such as independent claim length and independent claim count. These metrics help in assessing the breadth and clarity of the patent claims. Narrower claims, as seen in this patent, are often associated with a higher probability of grant and a shorter examination process[3].
Practical Application and Patent Eligibility
The patent's claims are structured to ensure they meet the criteria for patent eligibility by integrating abstract ideas into practical applications. For instance, the use of a nicotinic acetylcholine receptor agonist to stimulate tear production is a specific, practical application that transforms the abstract idea of using a receptor agonist into a patent-eligible invention[4].
Industry Impact and Market Relevance
This patent is significant in the ophthalmology sector as it provides a novel approach to treating ocular discomfort and improving ocular surface health. The use of nicotinic acetylcholine receptor agonists represents a new therapeutic avenue, potentially offering better outcomes for patients suffering from dry eye and other ocular conditions.
Legal and Regulatory Considerations
The patent landscape for such inventions is governed by regulations and guidelines set by the USPTO. Recent updates, such as the 2024 USPTO guidance on AI patent eligibility, emphasize the importance of integrating judicial exceptions into practical applications to ensure patent eligibility. This guidance is relevant even for non-AI related patents like US 9,532,944, as it highlights the need for clear, practical applications in patent claims[4].
Future Developments and Expiration
As the patent approaches its expiration date in 2035, other pharmaceutical companies may begin to develop similar treatments, potentially leading to increased competition in the market. However, until then, Oyster Point Pharma retains exclusive rights to the methods described in the patent.
Key Takeaways
- Therapeutic Approach: The patent introduces a novel therapeutic approach using nicotinic acetylcholine receptor agonists to treat ocular conditions.
- Patent Eligibility: The claims are structured to ensure they meet patent eligibility criteria by integrating abstract ideas into practical applications.
- Market Impact: The patent has significant implications for the ophthalmology sector, offering a new treatment option for ocular discomfort.
- Expiration Date: The patent is set to expire on October 19, 2035, after which the methods described may become more widely available.
FAQs
Q: What is the primary focus of United States Patent 9,532,944?
A: The primary focus is on methods for treating ocular conditions and improving ocular surface health using nicotinic acetylcholine receptor agonists.
Q: Who is the assignee of this patent?
A: The patent is assigned to Oyster Point Pharma.
Q: When is the patent set to expire?
A: The patent is set to expire on October 19, 2035.
Q: What are the key claims of the patent?
A: The key claims involve the local administration of a nicotinic acetylcholine receptor agonist to treat ocular conditions and improve ocular surface health.
Q: How does this patent impact the ophthalmology sector?
A: It introduces a new therapeutic approach for treating ocular discomfort and improving ocular surface health, potentially offering better outcomes for patients.
Sources
- US9532944B2 - Methods of improving ocular discomfort - Google Patents
- US Patent 9532944 | Expiration | Dates - PharmaCompass.com
- Patent Claims and Patent Scope - SSRN
- Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz
- U.S. Patent Small Claims Court - ACUS
