United States Patent 9,808,431: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 9,808,431 is a significant patent in the pharmaceutical sector, and understanding its scope, claims, and the surrounding patent landscape is crucial for stakeholders in the industry. This analysis will delve into the key aspects of this patent, including its claims, the technologies it covers, and the broader context within which it exists.
Patent Overview
Title and Assignee
The patent titled "Methods and Compositions for Treating Pain" is assigned to a pharmaceutical company, highlighting its focus on pain management treatments.
Issue Date and Expiration
Issued on November 8, 2017, this patent has a specific expiration date, typically 20 years from the filing date, assuming all maintenance fees are paid[2].
Claims Analysis
Independent and Dependent Claims
The patent includes a set of independent and dependent claims that define the scope of the invention. Independent claims are broad and stand alone, while dependent claims narrow down the invention by adding specific limitations to the independent claims.
Claim Language and Scope
The scope of the patent is determined by the language used in the claims. Research suggests that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Example of Claims
For instance, Claim 1 might broadly cover "a method for treating pain in a patient, comprising administering a pharmaceutical composition containing hydrocodone and guaifenesin." Subsequent dependent claims might specify dosages, administration routes, or specific patient populations.
Technological Coverage
Pharmaceutical Composition
The patent covers a pharmaceutical composition that includes hydrocodone, an opioid agonist, and guaifenesin, an expectorant. This combination is indicated for treating upper respiratory symptoms and pain[4].
Mechanism of Action
Hydrocodone acts on the brain stem respiratory center to produce dose-related respiratory depression, while guaifenesin helps in thinning and loosening mucus, making it easier to cough up. The combination is designed to provide both pain relief and respiratory symptom management.
Patent Landscape
Prior Art and Citations
The patent landscape includes prior art cited during the examination process. Tools like the Common Citation Document (CCD) consolidate prior art cited by multiple patent offices, providing a comprehensive view of the prior art landscape[1].
Global Dossier
The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This helps in understanding the global reach and related filings of the patent[1].
Competing Patents
Other patents in the same technological area may cover similar or overlapping subject matter. For example, patents covering different combinations of opioids and expectorants or alternative pain management treatments could be considered part of the competitive landscape.
Search and Analysis Tools
Patent Public Search
The USPTO's Patent Public Search tool is a powerful resource for searching prior art and understanding the patent landscape. It provides enhanced access to prior art and modern interfaces for searching patents[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs offer training in patent search techniques and maintain local search resources, which can be invaluable for conducting a thorough analysis of the patent landscape[1].
International Patent Offices
Global Patent Databases
To ensure the invention is novel globally, it is essential to search international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO)[1].
Maintenance and Enforcement
Patent Assignment Search
Changes in ownership or assignments of the patent can be tracked using the Patent Assignment Search website. This is crucial for understanding the current legal status and ownership of the patent[1].
Patent Examination Data System (PEDS)
The PEDS allows users to search, view, and download bibliographic data for patent applications, which can help in monitoring the examination process and any updates to the patent[1].
Key Takeaways
- Claims Analysis: The scope of the patent is defined by its claims, with narrower claims often associated with a higher probability of grant and shorter examination process.
- Technological Coverage: The patent covers a specific pharmaceutical composition for pain management, including hydrocodone and guaifenesin.
- Patent Landscape: Understanding prior art, global filings, and competing patents is essential for navigating the patent landscape.
- Search Tools: Utilizing tools like Patent Public Search, Global Dossier, and international patent databases is crucial for thorough analysis.
- Maintenance and Enforcement: Tracking changes in ownership and monitoring the examination process are vital for maintaining and enforcing the patent.
FAQs
Q: What is the main focus of United States Patent 9,808,431?
A: The main focus of this patent is on methods and compositions for treating pain, specifically using a combination of hydrocodone and guaifenesin.
Q: How can one determine the scope of a patent?
A: The scope of a patent is determined by the language used in its claims, with metrics such as independent claim length and count being useful indicators.
Q: What tools are available for searching prior art related to this patent?
A: Tools such as the USPTO's Patent Public Search, Global Dossier, and international patent databases like those from the EPO and WIPO are available.
Q: Why is it important to search international patent databases?
A: Searching international patent databases ensures that the invention is novel globally and helps in understanding related filings in other jurisdictions.
Q: How can changes in ownership of the patent be tracked?
A: Changes in ownership can be tracked using the Patent Assignment Search website provided by the USPTO.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- DrugPatentWatch - Patent 9,808,431: https://www.drugpatentwatch.com/p/patent/9808431
- Hoover Institution - Patent Claims and Patent Scope: https://www.hoover.org/sites/default/files/ip2-wp16001-paper.pdf
- Drugs.com - Hydrocodone and Guaifenesin Oral Solution: https://www.drugs.com/pro/hydrocodone-and-guaifenesin-oral-solution.html
