United States Patent 10,806,710: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 10,806,710, titled "Bupropion as a modulator of drug activity," was granted on October 20, 2020, to Antecip Bioventures II LLC. This patent is significant in the pharmaceutical field, particularly in the areas of drug delivery and therapeutic effects. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Inventor and Assignee
The patent was invented by Herriot Tabuteau and assigned to Antecip Bioventures II LLC, a company based in New York, NY[1].
Background and Context
The patent focuses on the use of bupropion as a modulator to enhance the therapeutic effects of other drugs, such as dextromethorphan. Bupropion, commonly known for its use in treating depression and smoking cessation, is here utilized to improve the efficacy and delivery of other pharmaceuticals.
Scope of the Patent
Claims Overview
The patent includes multiple claims that define the scope of the invention. These claims are categorized into several types, including composition claims, method claims, and apparatus claims.
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Composition Claims: These claims describe the specific formulations that include bupropion and other active ingredients, such as dextromethorphan. For example, Claim 1 describes a pharmaceutical composition comprising bupropion and dextromethorphan in a sustained-release dosage form[1].
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Method Claims: These claims outline the methods for preparing and administering the pharmaceutical compositions. For instance, Claim 10 describes a method of treating a patient by administering a sustained-release dosage form containing bupropion and dextromethorphan[1].
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Apparatus Claims: These claims cover the drug delivery systems used to administer the pharmaceutical compositions. Claim 15, for example, describes a drug delivery system comprising a sustained-release matrix and a coating layer[1].
Key Components
- Bupropion: The patent highlights bupropion's role in modulating the activity of other drugs, enhancing their therapeutic effects.
- Dextromethorphan: This is a common active ingredient used in combination with bupropion to achieve improved therapeutic outcomes.
- Sustained-Release Dosage Forms: The patent emphasizes the use of sustained-release formulations to ensure prolonged drug delivery and improved patient compliance.
Claim Scope and Its Importance
Balancing Broadness and Specificity
The scope of the claims in this patent is crucial. While broader claims can offer more comprehensive protection, they are also more susceptible to invalidation due to prior art or abstract idea exceptions. The patent drafters must ensure that the claims are anchored to the specific embodiments disclosed in the specification to avoid such risks[3].
Avoiding Abstract Idea Exception
The claims must be carefully drafted to avoid being classified as abstract ideas, which are not patentable. For example, if a claim is too broad and merely invokes generic processes without a specific means or method, it may fall under the abstract idea exception, as seen in the Yu v. Apple Inc. case[3].
Patent Landscape
Related Patents and Applications
The patent is part of a series of applications and continuations filed by Herriot Tabuteau and assigned to Antecip Bioventures II LLC. These include various provisional and non-provisional applications filed between 2013 and 2018, indicating a robust and ongoing research and development effort in this area[1].
Nanotechnology and Drug Delivery
While the patent itself does not specifically deal with nanotechnology, the broader landscape in pharmaceuticals often involves advancements in nanotechnology for drug delivery systems. The USPTO, EPO, and JPO have established specific classes for nanotechnology patents, reflecting the growing importance of this field in pharmaceutical research[4].
Legal and Policy Considerations
Small Claims Patent Court
The concept of a small claims patent court, currently under study by the Administrative Conference of the United States (ACUS), could impact the enforcement and litigation landscape for patents like US 10,806,710. Such a court would aim to provide a more streamlined and cost-effective process for resolving patent disputes, which could be beneficial for smaller entities and inventors[2].
International Patent Landscape
The patent's scope and claims must also be considered in the context of international patent laws. The EPO and other patent offices have their own guidelines and classifications, which can affect the validity and enforceability of patents globally[4].
Industry Impact and Future Directions
Therapeutic Advancements
The use of bupropion as a modulator in drug delivery systems has significant implications for therapeutic outcomes. This innovation could lead to improved treatments for various conditions by enhancing the efficacy and duration of action of other drugs.
Research and Development
The ongoing research and development in this area, as indicated by the multiple applications and continuations, suggest a dynamic and evolving field. Future patents and innovations are likely to build upon this foundation, further advancing pharmaceutical technology.
Key Takeaways
- Balanced Claim Scope: The patent's claims must be balanced between broadness and specificity to ensure validity and enforceability.
- Therapeutic Enhancements: The use of bupropion as a modulator offers significant therapeutic benefits by enhancing the effects of other drugs.
- Patent Landscape: The patent is part of a larger landscape involving sustained-release formulations and potential intersections with nanotechnology.
- Legal Considerations: The patent's enforcement and litigation could be influenced by future legal and policy changes, such as the establishment of a small claims patent court.
Frequently Asked Questions (FAQs)
What is the primary focus of United States Patent 10,806,710?
The primary focus of this patent is the use of bupropion as a modulator to enhance the therapeutic effects of other drugs, such as dextromethorphan, in sustained-release dosage forms.
Why is the scope of claims important in this patent?
The scope of claims is crucial because it must balance between being broad enough to offer comprehensive protection and specific enough to avoid invalidation due to prior art or abstract idea exceptions.
How does this patent fit into the broader patent landscape in pharmaceuticals?
This patent is part of ongoing research and development in pharmaceutical technology, particularly in drug delivery systems. It intersects with broader trends in sustained-release formulations and potentially with advancements in nanotechnology.
What are the potential therapeutic benefits of this invention?
The use of bupropion as a modulator can enhance the therapeutic effects of other drugs, leading to improved treatments for various conditions by ensuring prolonged drug delivery and better patient compliance.
Could the establishment of a small claims patent court affect this patent?
Yes, the establishment of a small claims patent court could impact the enforcement and litigation landscape for this patent, providing a more streamlined and cost-effective process for resolving patent disputes.
Cited Sources:
- United States Patent and Trademark Office, "Bupropion as a modulator of drug activity," US Patent 10,806,710 B2, October 20, 2020.
- Administrative Conference of the United States, "U.S. Patent Small Claims Court," ACUS.
- Rimon Law, "The Importance of Getting the Claim Scope Right in a US Patent Application," October 4, 2021.
- OECD, "Capturing Nanotechnology's Current State of Development via Patents," May 23, 2007.
