Analyzing the Scope and Claims of United States Patent 10,959,991: A Comprehensive Guide
Introduction
United States Patent 10,959,991, titled "Amlodipine formulations," is a significant patent in the pharmaceutical sector, particularly for the treatment of hypertension and coronary artery disease. This article delves into the scope, claims, and the broader patent landscape surrounding this patent.
Overview of the Patent
Patent Title and Number
The patent in question is US10959991B2, titled "Amlodipine formulations."[4][5]
Publication and Prior Art Date
The patent was published on April 27, 2021, with a prior art date that traces back to the original application filed on October 20, 2020.[4]
Scope of the Patent
Subject Matter
The patent covers stable amlodipine oral liquid formulations and methods of using these formulations. Amlodipine is a calcium channel blocker commonly used for treating hypertension and coronary artery disease, such as chronic stable angina and vasospastic angina.[4][5]
Claims
The patent includes multiple claims that define the scope of the invention. Here are some key aspects:
- Independent Claims: These claims define the core of the invention, including the composition of the amlodipine oral liquid formulations and the methods for their preparation and use.
- Dependent Claims: These claims further specify the invention by detailing particular aspects, such as the concentration of amlodipine, the type of solvents used, and the stability-enhancing additives.[4]
Claim Language and Scope
The scope of the patent is determined by the language used in the claims. For instance, the independent claims might specify the exact formulation and the process for preparing it, while dependent claims could cover variations or specific embodiments of the invention. Research suggests that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Claims Analysis
Independent Claim Length and Count
Studies have shown that metrics such as independent claim length and count can be used to measure patent scope. Shorter and fewer independent claims often indicate a narrower scope, which can be beneficial for patent validity and the examination process[3].
Specific Claims in US10959991B2
- Claim 1: This might specify the basic composition of the amlodipine oral liquid formulation.
- Claim 2-5: These could detail specific embodiments, such as different concentrations of amlodipine or the use of particular solvents.
- Method Claims: These would outline the steps involved in preparing and using the formulations.
Patent Landscape
Global Patent Family
To understand the full scope of protection, it is essential to look at the global patent family. Tools like the Global Dossier provided by the USPTO allow users to see related applications filed at participating IP Offices, including the IP5 Offices (USPTO, EPO, JPO, KIPO, and CNIPA)[1].
Prior Art and Citations
The Common Citation Document (CCD) application consolidates prior art cited by all participating offices for the family members of a patent application. This helps in understanding the prior art landscape and the novelty of the invention[1].
Competing Patents
Other patents in the same field, such as those related to amlodipine formulations or calcium channel blockers, need to be considered. Databases like those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can be used to search for such patents[1].
International Patent Offices
Searchable Databases
To ensure global uniqueness, it is crucial to search patent databases of other countries. For example:
- European Patent Office (EPO): Provides access to Europe's patent databases through esp@cenet.
- Japan Patent Office (JPO): Offers machine translations of Japanese patents.
- World Intellectual Property Organization (WIPO): Features the PATENTSCOPE® Search Service for international patent applications[1].
Public Search Tools
Patent Public Search
The USPTO's Patent Public Search tool is a powerful resource for searching prior art and related patents. It replaces legacy tools like PubEast and PubWest and offers enhanced access to prior art[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs provide additional resources and training in patent search techniques, which can be invaluable for a comprehensive search[1].
Legal Status and Maintenance
Active Status
As of the latest information, the patent US10959991B2 is active, indicating that it is currently in force and requires maintenance payments to keep it active[4].
Office Actions and Examination Data
Tools like the Patent Examination Data System (PEDS) and the Global Dossier can provide insights into office actions and the examination history of the patent, which can be crucial for understanding the patent's validity and scope[1].
Conclusion
United States Patent 10,959,991 covers significant ground in the field of pharmaceuticals, particularly for amlodipine formulations. Understanding the scope, claims, and the broader patent landscape is essential for innovators, researchers, and legal professionals. By leveraging tools like the Global Dossier, Common Citation Document, and public search facilities, one can gain a comprehensive view of the patent's position within the global intellectual property ecosystem.
Key Takeaways
- Scope of the Patent: Covers stable amlodipine oral liquid formulations and methods of use.
- Claims Analysis: Independent and dependent claims define the core and specific embodiments of the invention.
- Patent Landscape: Global patent family and prior art citations are crucial for understanding the patent's uniqueness.
- International Search: Searching databases of other countries ensures global uniqueness.
- Legal Status: The patent is currently active and requires maintenance payments.
FAQs
What is the main subject matter of US10959991B2?
The main subject matter is stable amlodipine oral liquid formulations and methods of using these formulations.
How can I search for related patents globally?
You can use tools like the Global Dossier, Common Citation Document, and searchable databases from international intellectual property offices such as the EPO, JPO, and WIPO.
What is the significance of independent claim length and count in patent scope?
Narrower and fewer independent claims are often associated with a higher probability of grant and a shorter examination process, indicating a clearer and more valid patent scope.
Where can I find detailed information about the examination history of US10959991B2?
You can use the Patent Examination Data System (PEDS) and the Global Dossier to access the examination history and office actions related to the patent.
Is US10959991B2 currently active?
Yes, as of the latest information, the patent is active and in force.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- U.S. Patent and Trademark Office (USPTO) | USAGov: https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- Patent Claims and Patent Scope - Search eLibrary :: SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- US10959991B2 - Amlodipine formulations - Google Patents: https://patents.google.com/patent/US10959991B2/en
- Drugs covered by patent 10,959,991. Claims, international patent ...: https://www.drugpatentwatch.com/p/patent/10959991
