United States Patent 9,675,703: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 9,675,703, titled "Modified release formulations containing drug - ion exchange resin complexes," is a significant patent in the pharmaceutical field. This patent, granted to innovators in the drug delivery sector, outlines a novel method for controlling the release of ionic drugs using ion-exchange resins. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Invention Overview
The patent describes a method for forming complexes between ionic drugs and ion-exchange resins to achieve modified release formulations. This approach is designed to delay the release of the drug, providing a more controlled and sustained therapeutic effect. The invention is particularly relevant in the development of pharmaceutical products where precise drug delivery is crucial.
Scope of the Patent
The scope of the patent is defined by its claims, which are the legal boundaries of what is protected. Here are some key aspects of the scope:
Claims
The patent includes multiple claims that describe the invention in varying levels of detail. Here are some of the main claims:
- Independent Claims: These claims define the core invention, such as the method of forming a complex between an ionic drug and an ion-exchange resin, and the resulting formulation.
- Dependent Claims: These claims build upon the independent claims, adding additional limitations or features, such as specific types of ion-exchange resins, drugs, or methods of preparation[4].
Key Components
- Ion-Exchange Resins: The patent specifies the use of ion-exchange resins, such as cation exchange resins, to form complexes with ionic drugs.
- Ionic Drugs: The invention is applicable to various ionic drugs, including amphetamine and dexamfetamine.
- Formulation Methods: The patent details methods for preparing the drug-resin complexes, including coating processes and the use of specific substances like polyvinyl acetate and polyvinylpyrrolidone[4].
Claims Analysis
Claim Structure
The claims are structured to ensure clarity and specificity, which is crucial for patent validity. Here’s a breakdown:
- Claim 1: Typically the broadest claim, it outlines the basic method of forming a drug-resin complex.
- Subsequent Claims: These claims narrow down the invention by adding specific details, such as the type of resin, drug, or preparation method.
Use of Specific Substances
The claims mention specific substances and their roles in the formulation, such as:
- Polyvinyl acetate and polyvinylpyrrolidone: Used as coating agents or matrix materials.
- Water-insoluble polymers: Used to control the release of the drug[4].
Potential Pitfalls
When drafting claims, it is important to avoid using trademarks or trade names that could render the claims indefinite. For example, using a trademark like "BOTOX®" to identify a material could lead to issues, as seen in the Galderma S.A. v. Medy-Tox, Inc. case[5].
Patent Landscape
Related Patents and Applications
The patent landscape for drug delivery systems using ion-exchange resins is extensive. Here are some points to consider:
- Prior Art: The patent cites prior art related to drug delivery systems, including other methods of using ion-exchange resins. This indicates a rich history of innovation in this field.
- Global Dossier: Using tools like the Global Dossier, one can see the patent family for this specific application, including related applications filed at other IP offices. This provides a comprehensive view of the global patent landscape for similar inventions[1].
Competing Technologies
Other patents and applications in the field of drug delivery systems may use different technologies, such as:
- Microencapsulation: This involves encapsulating drugs in micro-sized particles to control release.
- Nanoparticles: Using nanoparticles to deliver drugs in a targeted manner.
Market Impact
The invention described in US 9,675,703 has significant market implications. Controlled release formulations can improve patient compliance, reduce side effects, and enhance the therapeutic efficacy of drugs. This can lead to a competitive edge in the pharmaceutical market.
Search and Analysis Tools
For a thorough analysis of the patent landscape, several tools are available:
- Patent Public Search: This tool, provided by the USPTO, allows for advanced searches of prior art and related patents[1].
- PatentsView Database: This database offers detailed information on patents and published applications, which can be used to analyze trends and competitors in the field[2].
- Common Citation Document (CCD): This tool consolidates citation data from multiple IP offices, helping to identify prior art and related inventions[1].
Conclusion
The United States Patent 9,675,703 is a critical innovation in the field of pharmaceutical drug delivery. Understanding its scope, claims, and the broader patent landscape is essential for both inventors and competitors. By leveraging advanced search tools and databases, one can gain a comprehensive view of the intellectual property landscape and navigate the complexities of patent law.
Key Takeaways
- Ion-Exchange Resin Complexes: The patent describes a novel method for forming complexes between ionic drugs and ion-exchange resins.
- Claims Structure: The claims are structured to ensure clarity and specificity, with independent and dependent claims defining the invention.
- Patent Landscape: The patent is part of a larger landscape of drug delivery technologies, with related patents and applications filed globally.
- Market Impact: Controlled release formulations can significantly improve patient outcomes and market competitiveness.
- Search and Analysis Tools: Tools like Patent Public Search, PatentsView, and CCD are essential for thorough patent analysis.
FAQs
Q: What is the main invention described in US 9,675,703?
A: The main invention is a method for forming complexes between ionic drugs and ion-exchange resins to achieve modified release formulations.
Q: What are the key components of the invention?
A: The key components include ion-exchange resins, ionic drugs, and specific substances like polyvinyl acetate and polyvinylpyrrolidone.
Q: How do the claims in the patent ensure clarity and specificity?
A: The claims are structured with independent and dependent claims, ensuring that the invention is clearly defined and specific enough to avoid ambiguity.
Q: What tools can be used to analyze the patent landscape for similar inventions?
A: Tools such as Patent Public Search, PatentsView, and the Common Citation Document (CCD) can be used to analyze the patent landscape.
Q: What is the potential market impact of this invention?
A: The invention can improve patient compliance, reduce side effects, and enhance therapeutic efficacy, leading to a competitive edge in the pharmaceutical market.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- PatentsView - Claims Downloads: https://patentsview.org/download/claims
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US9675703B2: https://patents.google.com/patent/US9675703B2/en
- BOMCIP - Considerations for Referencing Trademarks in Patent Claims: https://www.bomcip.com/blog/considerations-referencing-trademarks-patent-claims/
