Analyzing the Scope and Claims of United States Patent 10,688,108
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the details of United States Patent 10,688,108, focusing on its claims, scope, and the broader patent landscape.
Overview of the Patent
United States Patent 10,688,108, titled "Pharmaceutical spray composition comprising a vitamin D analogue and a corticosteroid," pertains to a topical spray composition designed for therapeutic use. Here is a brief overview of the patent:
- Publication Number: US10688108B2
- Authority: United States
- Prior Art Keywords: Composition, pharmaceutically acceptable, calcipotriol, treatment, petrolatum[4].
Claims Analysis
The claims section of a patent is critical as it defines the scope of the invention and what is protected by the patent.
Independent Claims
Independent claims stand alone and do not rely on other claims. For US10688108B2, the independent claims typically describe the core components and functionality of the pharmaceutical spray composition. For example:
- Claim 1: A topical spray composition comprising a biologically active vitamin D derivative or analogue and a corticosteroid, along with other specified ingredients like petrolatum and liquid paraffin[4].
Dependent Claims
Dependent claims build upon the independent claims and provide additional details or limitations. These claims often specify particular aspects of the composition, such as the concentration of ingredients, the method of preparation, or specific uses.
- Claim 2: The composition of claim 1, wherein the vitamin D derivative or analogue is calcipotriol, and the corticosteroid is betamethasone dipropionate[4].
Scope of the Invention
The scope of the invention is defined by the claims and the description provided in the patent.
Key Components
The patent specifies several key components:
- Vitamin D Derivative or Analogue: Such as calcipotriol.
- Corticosteroid: Such as betamethasone dipropionate.
- Other Ingredients: Petrolatum, liquid paraffin, and cosolvents[4].
Therapeutic Use
The composition is designed for the treatment of skin conditions, such as psoriasis. The patent details the therapeutic benefits and the method of application.
Patent Landscape
Understanding the broader patent landscape is essential to see how this patent fits into the existing body of intellectual property.
Prior Art
Prior art refers to existing knowledge and inventions in the field. The patent cites several prior art keywords, including compositions, pharmaceutically acceptable ingredients, and specific treatments like psoriasis[4].
Global Dossier and IP5 Offices
The USPTO's Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This can help in understanding the global reach and related patents[1].
Common Citation Document (CCD)
The CCD application consolidates prior art cited by all participating offices for the family members of a patent application. This tool can help in identifying similar inventions and prior art cited by different offices[1].
Search and Analysis Tools
Several tools are available for searching and analyzing patents, which can be useful for understanding the scope and claims of US10688108B2.
Patent Public Search
The USPTO's Patent Public Search tool provides enhanced access to prior art and allows users to search through a modern interface[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 detailed analysis[1].
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from US patents and applications, which can help in analyzing the scope and claims of patents like US10688108B2[3].
Legal and Policy Considerations
The legal and policy landscape surrounding patents is complex and evolving.
Small Claims Patent Court
There have been discussions and studies on the feasibility of a small claims patent court, which could impact how patent disputes are handled, especially for smaller inventors and businesses[5].
Practical Implications
Understanding the scope and claims of a patent has practical implications for various stakeholders.
Licensing and Collaboration
Knowing the exact scope of the patent can facilitate licensing agreements and collaborations. For example, if a company wants to use a similar composition, they need to ensure they do not infringe on the protected claims.
Innovation and Research
The patent's scope can guide researchers and innovators in developing new compositions that do not infringe on existing patents. This encourages innovation while respecting intellectual property rights.
Key Takeaways
- Claims Definition: The claims section of the patent defines what is protected and what constitutes infringement.
- Scope of Invention: The scope includes the key components, therapeutic use, and any specific limitations or variations.
- Patent Landscape: Understanding prior art, global dossier, and common citation documents helps in placing the patent within the broader IP landscape.
- Search and Analysis Tools: Utilizing tools like Patent Public Search, PTRCs, and the Patent Claims Research Dataset can aid in detailed analysis.
- Legal and Policy Considerations: Awareness of legal and policy developments, such as the potential for a small claims patent court, is crucial for navigating IP disputes.
FAQs
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What is the main purpose of the pharmaceutical spray composition described in US10688108B2?
- The main purpose is for the treatment of skin conditions, such as psoriasis, using a combination of a vitamin D derivative or analogue and a corticosteroid.
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How can I determine if my new composition infringes on the claims of US10688108B2?
- You need to carefully review the independent and dependent claims of the patent and compare them with your composition to ensure there is no infringement.
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What tools can I use to search for related patents and prior art?
- You can use the USPTO's Patent Public Search tool, Global Dossier, Common Citation Document (CCD), and local Patent and Trademark Resource Centers (PTRCs).
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Why is understanding the patent landscape important?
- It helps in identifying similar inventions, understanding global IP rights, and ensuring that new innovations do not infringe on existing patents.
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How might the concept of a small claims patent court impact patent disputes?
- It could provide a more accessible and cost-effective way for smaller inventors and businesses to resolve patent disputes, potentially reducing the complexity and cost associated with current patent litigation processes.
Sources
- USPTO - Search for patents
- USA.gov - U.S. Patent and Trademark Office (USPTO)
- USPTO - Patent Claims Research Dataset
- Google Patents - US10688108B2
- ACUS - U.S. Patent Small Claims Court
