Detailed Analysis of the Scope and Claims of United States Patent 10,894,046
Introduction
United States Patent 10,894,046, titled "Bupropion as a modulator of drug activity," is a patent that discloses dosage forms, drug delivery systems, and methods related to the sustained release of dextromethorphan or improved therapeutic effects. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
- Publication Number: US10894046B2
- Authority: United States
- Prior Art Date: The patent application was filed on June 18, 2020, and the prior art date is relevant for determining the novelty and non-obviousness of the invention[5].
Scope of the Invention
The patent focuses on the use of bupropion as a modulator to enhance the therapeutic effects of dextromethorphan. Here are the key aspects of the invention:
Dosage Forms and Drug Delivery Systems
The patent describes various dosage forms and drug delivery systems designed to achieve sustained release of dextromethorphan. These systems are engineered to improve the therapeutic efficacy and reduce the side effects associated with dextromethorphan.
Therapeutic Effects
The invention aims to modulate the activity of dextromethorphan using bupropion, which is known for its use in treating depression and smoking cessation. The combination is intended to enhance the therapeutic benefits of dextromethorphan, potentially in treating conditions such as cough, pain, or other indications where dextromethorphan is used.
Claims Analysis
The claims of a patent define the scope of the invention and are crucial for determining what is protected by the patent.
Independent Claims
- The independent claims typically define the broadest scope of the invention. For example, Claim 1 might describe a dosage form comprising dextromethorphan and bupropion, where the bupropion acts as a modulator to enhance the therapeutic effects of dextromethorphan[5].
Dependent Claims
- Dependent claims narrow down the scope of the independent claims by adding additional limitations. These could include specific ratios of dextromethorphan to bupropion, particular drug delivery mechanisms, or specific therapeutic applications.
Patent Landscape
Understanding the patent landscape is essential for assessing the novelty, non-obviousness, and potential infringement risks associated with the invention.
Prior Art
- The prior art includes all publicly available information that existed before the filing date of the patent application. For US10894046B2, this would include any previous patents, publications, or public disclosures related to the use of bupropion and dextromethorphan combinations[5].
Global Dossier and International Patent Offices
- To fully understand the patent landscape, one must also consider international patent filings. Tools like the Global Dossier and databases from other international intellectual property offices (such as the European Patent Office, Japan Patent Office, and World Intellectual Property Organization) can provide insights into related applications and prior art[1].
Search Tools and Resources
Several tools and resources are available to conduct a thorough search of the patent landscape:
Patent Public Search
- The USPTO's Patent Public Search tool is a powerful resource for searching prior art and related patents. It offers enhanced access to prior art and flexible search capabilities[1].
Common Citation Document (CCD)
- The CCD application consolidates citation data from participating IP offices, allowing users to visualize search results for the same invention produced by several offices on a single page[1].
Patent and Trademark Resource Centers (PTRCs)
- Local PTRCs provide training in patent search techniques and maintain local search resources, which can be invaluable for conducting a comprehensive search[1].
Quality and Clarity of Patents
The quality and clarity of patents are critical for ensuring that the invention is properly protected and to avoid potential disputes.
USPTO's Enhanced Patent Quality Initiative
- The USPTO has implemented various initiatives to improve patent quality, including defining a consistent definition of patent quality and using tools to ensure clarity in patent applications. This includes the use of a glossary of key terms and the Application Readiness Review Form (ARRF) to score applications for completeness and detail[4].
Key Takeaways
- Invention Scope: The patent focuses on using bupropion to modulate the activity of dextromethorphan, enhancing its therapeutic effects.
- Claims: The claims define the specific dosage forms, drug delivery systems, and methods protected by the patent.
- Patent Landscape: Understanding prior art and international patent filings is crucial for assessing the novelty and non-obviousness of the invention.
- Search Tools: Utilizing tools like Patent Public Search, Global Dossier, and CCD can help in conducting a thorough patent search.
- Patent Quality: Ensuring clarity and compliance with statutory requirements is essential for maintaining high patent quality.
FAQs
Q: What is the main focus of United States Patent 10,894,046?
A: The main focus is on using bupropion as a modulator to enhance the therapeutic effects of dextromethorphan.
Q: How can one conduct a thorough search of the patent landscape for this invention?
A: One can use tools like the USPTO's Patent Public Search, Global Dossier, and Common Citation Document (CCD), as well as resources from international intellectual property offices.
Q: What are the key elements of the claims in this patent?
A: The claims include descriptions of dosage forms, drug delivery systems, and methods involving the combination of dextromethorphan and bupropion.
Q: Why is patent quality important for this invention?
A: Ensuring patent quality helps in maintaining clarity and compliance with statutory requirements, which is crucial for avoiding disputes and ensuring the patent is upheld if challenged.
Q: Where can one find additional resources for patent searching and training?
A: Additional resources can be found at the USPTO Public Search Facility, local Patent and Trademark Resource Centers (PTRCs), and the USPTO Main STIC Library[1].
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office (USPTO). Retrieved from https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- USPTO - Patent Claims Research Dataset. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- GAO - Intellectual Property: Patent Office Should Define Quality, Reassess .... Retrieved from https://www.gao.gov/products/gao-16-490
- Google Patents - US10894046B2 - Bupropion as a modulator of drug activity. Retrieved from https://patents.google.com/patent/US10894046B2/en
