Detailed Analysis of the Scope and Claims of United States Patent 10,716,799
Introduction
United States Patent 10,716,799, titled "Pharmaceutical spray composition comprising a biologically active vitamin D derivative or analogue and a corticosteroid," is a significant patent in the pharmaceutical industry. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Invention
The patent pertains to a topical spray composition designed for the treatment of dermal diseases and conditions. The composition includes a biologically active vitamin D derivative or analogue and a corticosteroid, dissolved in a pharmaceutically acceptable propellant. This combination is unique and addresses specific needs in dermatology[4].
Field of Invention
The field of invention is focused on topical pharmaceutical compositions, particularly those involving vitamin D derivatives and corticosteroids. This area is crucial for treating various skin conditions, such as psoriasis, eczema, and other inflammatory skin diseases.
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the scope of the invention. Key claims include:
- Claim 1: A sprayable, storage-stable, substantially anhydrous topical composition comprising a therapeutically effective amount of a vitamin D derivative or analogue and a therapeutically effective amount of a corticosteroid, dissolved in a pharmaceutically acceptable propellant.
- Claim 2: The composition of claim 1, where the propellant is selected from the group consisting of dimethyl ether, diethyl ether, and methylethyl ether, or a propellant mixture thereof.
Dependent Claims
Dependent claims further specify the composition and its components, such as the concentration of the vitamin D derivative or analogue and the corticosteroid, the type of propellant, and the design of the actuator and insert for controlling the spray pattern.
Detailed Description of the Invention
Composition
The composition is designed to be sprayable and storage-stable, with the active ingredients dissolved in a propellant that ensures a homogeneous spray pattern. The use of a biologically active vitamin D derivative or analogue in combination with a corticosteroid provides a synergistic effect, enhancing the therapeutic efficacy for treating dermal diseases[4].
Actuator and Insert Design
The actuator and insert are crucial components of the invention. The insert is designed to control the spray pattern, ensuring that the composition is expelled in a forward motion rather than a rotational motion. This design feature helps in focusing the composition on the area of skin being treated. Additionally, the actuator may include a "twist and spray" mechanism to prevent accidental or intentional operation, and a tamper-evidence tab for safety[4].
Patent Landscape
Related Patents and Applications
The patent 10,716,799 is part of a series of continuations and national stage entries, indicating a complex and evolving patent strategy. It is a continuation of several earlier applications, including U.S. Patent No. 9,119,781 and U.S. Patent No. 10,130,640, which are incorporated by reference. This suggests a robust and ongoing research and development effort in the field of topical pharmaceutical compositions[4].
Global Patent Family
The patent is likely part of a global patent family, given its origins from a PCT International Application (PCT/DK2011/000060). This implies that similar patents or applications may exist in other jurisdictions, protecting the invention globally.
Importance of Correct Inventorship
In the context of this patent, correct inventorship is crucial. U.S. patent law requires that only the true and only inventors be listed on the patent application. Incorrect or incomplete identification of inventors can lead to the patent being invalid or unenforceable, as seen in cases like Frank’s Casing Crew v. PMR Technologies[2].
Accessing and Analyzing Patent Data
For researchers and practitioners, accessing and analyzing patent data is essential. Tools like the USPTO's Global Dossier and Public Search Facility provide comprehensive access to patent and trademark information. The Global Dossier, in particular, allows users to view the patent family for a specific application, including related applications from participating IP Offices[1].
Economic and Legal Considerations
The economic and legal implications of this patent are significant. The Patent Claims Research Dataset by the USPTO provides detailed information on claims from U.S. patents, which can be used to analyze the scope and impact of patents like 10,716,799. This dataset includes claim-level statistics and document-level statistics, offering insights into patent scope and trends[3].
Potential for Small Claims Patent Court
The discussion around a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could impact the enforcement and litigation of patents like 10,716,799. A small claims court could provide a more streamlined and cost-effective way to resolve patent disputes, which could be beneficial for both large corporations and individual inventors[5].
Key Takeaways
- Unique Composition: The patent involves a unique combination of a biologically active vitamin D derivative or analogue and a corticosteroid in a topical spray composition.
- Design and Functionality: The actuator and insert design are critical for controlling the spray pattern and ensuring therapeutic efficacy.
- Patent Landscape: The patent is part of a complex series of continuations and national stage entries, indicating ongoing research and development.
- Global Protection: The patent likely has global counterparts, protecting the invention internationally.
- Inventorship: Correct inventorship is vital to maintain the validity and enforceability of the patent.
- Economic and Legal Implications: The patent has significant economic and legal implications, including potential impacts from a small claims patent court.
FAQs
Q: What is the main focus of United States Patent 10,716,799?
A: The main focus is on a topical spray composition comprising a biologically active vitamin D derivative or analogue and a corticosteroid for treating dermal diseases.
Q: How does the actuator and insert design contribute to the invention?
A: The actuator and insert design control the spray pattern, ensuring a homogeneous and focused spray, and include safety features like a "twist and spray" mechanism and a tamper-evidence tab.
Q: Why is correct inventorship important in patent applications?
A: Correct inventorship is crucial because incorrect or incomplete identification of inventors can lead to the patent being invalid or unenforceable.
Q: What tools are available for accessing and analyzing patent data?
A: Tools like the USPTO's Global Dossier and Public Search Facility provide comprehensive access to patent and trademark information.
Q: How could a small claims patent court impact the enforcement of patents like 10,716,799?
A: A small claims patent court could provide a more streamlined and cost-effective way to resolve patent disputes, benefiting both large corporations and individual inventors.
Sources
- USPTO: Search for patents - USPTO. Retrieved from https://www.uspto.gov/patents/search
- Oregon State University: Determining Inventorship for US Patent Applications. Retrieved from https://agsci.oregonstate.edu/sites/agsci/files/main/research/vrc_release_inventorship-gattari.pdf
- USPTO: Patent Claims Research Dataset. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Justia: US Patent for Pharmaceutical spray composition comprising a biologically active vitamin D derivative or analogue and a corticosteroid. Retrieved from https://patents.justia.com/patent/10716799
- ACUS: U.S. Patent Small Claims Court. Retrieved from https://www.acus.gov/research-projects/us-patent-small-claims-court
