United States Patent 9,814,705: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 9,814,705, titled "Intranasal spray device containing pharmaceutical composition," is a significant patent that addresses the intranasal delivery of pharmaceuticals, specifically fentanyl or its pharmaceutically acceptable salts. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Purpose
The patent focuses on an intranasal spray device designed for the efficient delivery of fentanyl, a potent opioid used for pain management. The invention aims to provide a convenient, non-invasive method for administering this medication, which is crucial for patients requiring rapid pain relief.
Scope of the Patent
Pharmaceutical Composition
The patent describes a pharmaceutical composition that includes fentanyl or its pharmaceutically acceptable salts. This composition is formulated to be delivered intranasally, ensuring rapid absorption and onset of action[1].
Intranasal Spray Device
The intranasal spray device is a critical component of the patent. It is designed to deliver a precise dose of the pharmaceutical composition directly into the nasal cavity. The device must ensure consistent and reliable dosing, which is essential for the safe and effective administration of fentanyl[1].
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the core aspects of the invention. These claims cover:
- The pharmaceutical composition itself, including fentanyl and its salts.
- The intranasal spray device, detailing its structure and functionality.
- The method of administering the composition using the spray device[1].
Dependent Claims
Dependent claims further specify and narrow down the scope of the independent claims. These include details such as:
- The concentration of fentanyl in the composition.
- The presence of additional ingredients like pectin.
- The specific design features of the spray device, such as the nozzle and reservoir[1].
Key Components and Features
Fentanyl and Its Salts
Fentanyl is a highly potent opioid, and the patent covers its use in various salt forms, which can affect its solubility and stability in the pharmaceutical composition[1].
Pectin
Pectin, a natural polymer, is mentioned as a potential component of the composition. It can act as a thickening agent or help in the controlled release of fentanyl[1].
Aqueous Solution
The patent describes the composition as an aqueous solution, which is crucial for intranasal delivery. This ensures that the fentanyl is easily absorbed through the nasal mucosa[1].
Patent Landscape
Prior Art and Related Patents
The patent landscape for intranasal drug delivery devices is extensive. Prior art includes various patents related to intranasal spray devices and pharmaceutical compositions for opioids. The USPTO's Patent Public Search tool and Global Dossier service can be used to identify related patents and understand the broader landscape[4].
Competing Technologies
Other companies and inventors have developed similar intranasal delivery systems for opioids. Analyzing these competing technologies through patent analytics can help identify gaps and opportunities in the market[3].
Intellectual Property Protection
Claim Coverage and Scope Concepts
To ensure comprehensive intellectual property protection, it is essential to analyze the claim coverage using tools like ClaimScape® software. This helps in categorizing patents by claims and scope concepts, making it easier to identify areas of protection and potential gaps[3].
Determining Inventorship
Correctly determining inventorship is crucial for the validity and enforceability of the patent. Errors in inventorship, especially those made with deceptive intent, can render the patent unenforceable. Therefore, thorough invention disclosure and accurate identification of inventors are vital[5].
Regulatory and Legal Considerations
USPTO Guidelines
The USPTO provides various resources for patent searching and analysis, including the Patent Public Search tool and the Global Dossier service. These resources are essential for understanding the regulatory environment and ensuring compliance with US patent laws[4].
International Harmonization
The Common Citation Document (CCD) application helps in consolidating prior art cited by multiple patent offices, facilitating international harmonization and making it easier to navigate the global patent landscape[4].
Market Impact and Future Directions
Market Need
The need for effective and safe pain management solutions is significant, and intranasal fentanyl delivery addresses a critical market need. This patent positions the inventor to capitalize on this demand by providing a unique and efficient delivery method.
Future Developments
Future developments may include refining the composition to improve stability and efficacy or designing new spray devices with enhanced user interfaces. Patent analytics can help in identifying future design opportunities and ensuring that new developments are protected[3].
Key Takeaways
- Pharmaceutical Composition: The patent covers a pharmaceutical composition containing fentanyl or its salts for intranasal delivery.
- Intranasal Spray Device: The device is designed for precise and reliable dosing of the composition.
- Claims and Scope: The patent includes independent and dependent claims that define the core aspects of the invention.
- Patent Landscape: The landscape includes prior art and competing technologies, necessitating thorough patent analytics.
- Intellectual Property Protection: Correct inventorship and comprehensive claim coverage are essential for patent validity.
- Regulatory Considerations: Compliance with USPTO guidelines and international harmonization are crucial.
FAQs
Q: What is the primary purpose of United States Patent 9,814,705?
A: The primary purpose is to provide an intranasal spray device for the efficient delivery of fentanyl or its pharmaceutically acceptable salts for pain management.
Q: What are the key components of the pharmaceutical composition?
A: The composition includes fentanyl or its salts, and may also include additional ingredients like pectin.
Q: How does the intranasal spray device ensure precise dosing?
A: The device is designed with specific features such as a precise nozzle and reservoir to ensure consistent and reliable dosing.
Q: Why is correct inventorship important for this patent?
A: Correct inventorship is crucial for the validity and enforceability of the patent, as errors or deceptive intent can render the patent unenforceable.
Q: What tools can be used to analyze the patent landscape for this invention?
A: Tools such as the USPTO's Patent Public Search, Global Dossier, and ClaimScape® software can be used to analyze the patent landscape and identify gaps and opportunities.
Sources
- US Patent and Trademark Office. Intranasal spray device containing pharmaceutical composition. US Patent 9,814,705 B2.
- USA.gov. U.S. Patent and Trademark Office (USPTO).
- Schwegman Lundberg & Woessner. Patent Analytics.
- US Patent and Trademark Office. Search for patents.
- Oregon State University. Determining Inventorship for US Patent Applications.