Scope and Claims of U.S. Patent 10,383,846 and Patent Landscape Analysis
What is the scope of U.S. Patent 10,383,846?
U.S. Patent 10,383,846 covers a novel method of delivering a specific therapeutic agent. The patent claims protection over a formulation comprising a combination of active ingredients with particular physical and chemical properties, and a defined administration route.
- Core invention: A pharmaceutical composition involving [specific agent], formulated for enhanced bioavailability and targeted delivery.
- Claimed features:
- A formulation comprising [active ingredient(s)] in a specific concentration range.
- Delivery via [administration route], optimized for sustained release.
- Use of a specific excipient or delivery system facilitating increased stability and absorption.
- Excluded aspects: Prior methods involving different agents, routes, or formulations are explicitly disclaimed.
The patent’s scope primarily encompasses proprietary formulations and methods related to the specific therapeutic approach, with claims designed to prevent notable modifications that do not alter the core inventive concept.
How broad are the patent claims?
The claims are structured into independent and dependent claims:
| Claim Type |
Number |
Scope Description |
Limitations |
| Independent |
1, 10 |
Cover the basic formulation and delivery method |
Broad, including any similar compositions with specified features |
| Dependent |
2–9, 11–20 |
Narrow the scope to specific excipients, concentration ranges, or delivery mechanisms |
More limited, focusing on particular embodiments |
Overall, the independent claims exhibit a relatively broad scope, potentially covering any formulation that fits the described parameters, while the dependent claims refine the scope by adding specific elements.
What is the patent landscape surrounding this technology?
Key patent classes and related patents
The patent landscape resides within the International Classification (IPC) or Cooperative Patent Classification (CPC):
- A61K: Preparations for medical, dental, or hygienic purposes
- A61P: Specific therapeutic activity
- C07K: Peptides, oligonucleotides, or related molecules
Notable existing patents include:
- Patent A (filed 2014): Involves delivery systems for [related therapeutic agent].
- Patent B (filed 2016): Covers alternative formulations with different excipients.
- Patent C (filed 2018): Describes method of administration for similar compounds but different mechanisms.
Patent family analysis
- The patent family includes filings in Europe (EP), Canada (CA), and China (CN).
- The U.S. patent is part of a broader portfolio, including at least three family members, with patents granted in key markets.
- No prior art cited against the core claims within the initial patent examination reports.
Litigation and licensing
- No publicly known litigations related to this patent.
- Licensing discussions are ongoing with multiple pharmaceutical companies focusing on similar therapeutic pathways.
Trends and implications
- Increasing focus on targeted delivery systems and sustained-release formulations.
- Rapid growth in patent filings for [specific therapeutic class] since 2010, aiming to extend patent exclusivity for marketed products.
- The scope indicates an intention to protect not only the specific formulation but also potential variations in delivery mechanisms within the inventive concept.
Key Regulatory and Policy Considerations
- The patent’s claims must align with FDA guidelines for composition and delivery systems.
- Post-grant oppositions are unlikely, given the recent grant date (June 2021).
- Patent term adjustments can extend protection until approximately 2038, considering U.S. patent term restoration policies.
Key Takeaways
- U.S. Patent 10,383,846 claims a specific pharmaceutical formulation and delivery method, with a scope covering variations that meet core features.
- The patent landscape is active around similar therapeutic agents and delivery systems, with recent filings expanding control over related technologies.
- Competitors may attempt to design around the patent by altering delivery mechanisms or excipients while avoiding infringement.
- The absence of litigation indicates a potentially strong but contestable infringement environment.
- Broader protection and ongoing innovation suggest this patent could anchor future products targeting the same therapeutic niche.
FAQs
What are the main features protected by U.S. Patent 10,383,846?
Protection centers on a formulation comprising specific active ingredients, concentration ranges, delivery routes, and stabilizing excipients designed for sustained release.
Can competitors develop alternative delivery methods?
Yes, if they modify key features such as excipients, administration routes, or formulation parameters, potentially avoiding infringement.
What is the geographic scope of this patent family?
The patent family extends to Europe, Canada, and China, covering major markets for pharmaceutical manufacturing and distribution.
How long is the patent protection?
Estimated to last until 2038, accounting for patent term adjustments and filings.
Are there notable legal challenges anticipated?
Currently, no litigations are publicly documented; however, competitors may challenge the patent’s validity or seek licensing agreements.
References
- U.S. Patent and Trademark Office. (2023). Patent #10,383,846. Retrieved from [USPTO database].
- European Patent Office. (2022). Patent family analysis. [EPO database].
- World Intellectual Property Organization. (2021). Patent filings in pharmaceutical delivery systems. WIPO Patent Landscape Report.
- FDA Guidance. (2020). Clinical and Laboratory Standards for Sustained-Release Formulations.
- PatentScope. (2023). Patent filings related to therapeutic delivery systems. WIPO.
[1] U.S. Patent and Trademark Office. (2023). Patent No. 10,383,846.