United States Patent 9,949,990: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 9,949,990, titled "Oral composition of celecoxib for treatment of pain," is a significant patent in the pharmaceutical industry, particularly in the field of pain management. This patent, granted to its inventors, outlines a stable oral liquid pharmaceutical composition of celecoxib, a well-known nonsteroidal anti-inflammatory drug (NSAID). Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of Celecoxib
Celecoxib, a COX-2 inhibitor, is widely used for the treatment of pain, inflammation, and various conditions such as arthritis. The patent in question focuses on an oral liquid formulation, which is a departure from the traditional solid dosage forms like tablets and capsules[4].
Scope of the Patent
The scope of the patent is defined by its claims, which are the legally binding descriptions of the invention. Here are the key aspects:
Composition
The patent describes a stable oral liquid pharmaceutical composition containing celecoxib or its pharmaceutically acceptable salts. This composition includes a mixture of celecoxib with various excipients such as solvents, sweetening agents, and stabilizers to ensure the stability and efficacy of the drug[4].
Formulation
The formulation is designed to be an oral liquid, which is distinct from the more common solid forms. This liquid composition is intended to improve the bioavailability and patient compliance, especially for those who have difficulty swallowing solid dosage forms.
Therapeutic Use
The primary therapeutic use of this composition is for the treatment of pain, including various types such as inflammatory pain, cluster headache syndrome, and cystitis. The patent highlights the effectiveness of celecoxib in these conditions, leveraging its anti-inflammatory and analgesic properties[4].
Claims Analysis
The claims of the patent are crucial as they define the boundaries of the invention and what is protected by the patent.
Independent Claims
The independent claims are the broadest claims in the patent and define the core of the invention. For US Patent 9,949,990, these claims include the composition of celecoxib in a liquid form, the specific excipients used, and the method of preparation.
Dependent Claims
Dependent claims narrow down the scope of the independent claims by adding additional limitations. These claims may include specific concentrations of celecoxib, particular solvents, or additional ingredients that enhance the stability or efficacy of the composition.
Metrics for Measuring Patent Scope
To understand the scope of this patent, metrics such as independent claim length and independent claim count can be useful. Research suggests that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Independent Claim Length
The length of independent claims can indicate the complexity and specificity of the invention. Shorter claims might suggest a broader scope, while longer claims could indicate a more narrow and specific invention.
Independent Claim Count
The number of independent claims also provides insight into the scope. A higher number of independent claims may indicate a broader scope, as it covers more aspects of the invention.
Patent Landscape
The patent landscape for celecoxib and related oral liquid pharmaceutical compositions is complex and involves various stakeholders.
Prior Art
The patent cites prior art related to celecoxib compositions, including other formulations and methods of preparation. The Common Citation Document (CCD) application, which consolidates prior art cited by multiple offices, would be useful in understanding the global prior art landscape[1].
International Patent Offices
To assess the global protection of this invention, it is essential to search international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
Competing Patents
Other patents related to celecoxib and oral liquid pharmaceutical compositions need to be considered to understand the competitive landscape. For instance, other patents might cover different formulations, methods of preparation, or specific uses of celecoxib.
Search Tools and Resources
Several tools and resources are available for conducting a thorough search of the patent landscape:
Patent Public Search
The USPTO's Patent Public Search tool provides enhanced access to prior art and is a powerful resource for searching U.S. patents and published applications[1].
Global Dossier
The Global Dossier service allows users to access the file histories of related applications from participating IP Offices, providing a comprehensive view of the patent family and related applications[1].
Public Search Facility and PTRCs
The USPTO Public Search Facility and Patent and Trademark Resource Centers (PTRCs) offer additional resources and trained staff to assist in patent searches[1].
Key Takeaways
- Stable Oral Liquid Composition: The patent describes a stable oral liquid pharmaceutical composition of celecoxib, which is a significant advancement in pain management.
- Claims Analysis: The claims define the scope of the invention, with independent claims outlining the core and dependent claims adding specific limitations.
- Metrics for Scope: Independent claim length and count can provide insights into the scope and complexity of the patent.
- Global Patent Landscape: Understanding the global prior art and competing patents is crucial for assessing the protection and competitive position of this invention.
- Search Tools: Utilizing tools like Patent Public Search, Global Dossier, and Public Search Facility can help in conducting a comprehensive patent search.
FAQs
Q: What is the main focus of United States Patent 9,949,990?
A: The main focus is on a stable oral liquid pharmaceutical composition of celecoxib for the treatment of pain.
Q: How does the liquid composition differ from traditional celecoxib formulations?
A: The liquid composition is designed to improve bioavailability and patient compliance, especially for those who have difficulty swallowing solid dosage forms.
Q: What are the key metrics for measuring the scope of a patent?
A: Independent claim length and independent claim count are simple yet effective metrics for measuring patent scope.
Q: Where can one find resources to conduct a thorough patent search?
A: Resources include the USPTO's Patent Public Search tool, Global Dossier service, Public Search Facility, and Patent and Trademark Resource Centers (PTRCs).
Q: Why is it important to consider the global patent landscape?
A: Understanding the global patent landscape helps in assessing the protection and competitive position of the invention, ensuring that it does not infringe on existing patents in other jurisdictions.
Sources
- USPTO: Search for patents - USPTO
- PubChem: Oral composition of celecoxib for treatment of pain - Patent US ...
- SSRN: Patent Claims and Patent Scope
- Google Patents: US9949990B2 - Oral composition of celecoxib for treatment of pain
- Unified Patents: KR-101994129-B1 | Unified Patents - Unified Patents Portal