United States Patent 11,229,640: A Detailed Analysis of Scope and Claims
Introduction
United States Patent 11,229,640, titled "Combination of dextromethorphan and bupropion for treating depression," is a significant patent in the pharmaceutical sector, particularly in the treatment of depression and related mental health conditions. This article provides a comprehensive analysis of the patent's scope, claims, and the broader patent landscape it operates within.
Overview of the Patent
Publication Details
The patent, numbered US11229640B2, was published on January 25, 2022, and is assigned to the inventors who developed the combination therapy involving dextromethorphan and bupropion. The patent application was filed under the number US17/066,310[4].
Background and Purpose
The patent addresses the need for effective treatments for depression, a condition that affects millions worldwide. The combination of dextromethorphan and bupropion is designed to provide sustained release and improved therapeutic effects, enhancing the treatment outcomes for patients with depression.
Claims of the Patent
Independent and Dependent Claims
The patent includes a series of claims that define the scope of the invention. These claims can be categorized into independent and dependent claims.
- Independent Claims: These claims stand alone and define the invention without reference to other claims. For example, Claim 1 might describe the combination of dextromethorphan and bupropion for treating depression, specifying the dosage forms and delivery systems.
- Dependent Claims: These claims build upon the independent claims, adding additional limitations or features. For instance, a dependent claim might specify the particular dosage regimen or the type of depression being treated (e.g., treatment-resistant depressive disorder)[4].
Key Claim Elements
- Active Ingredients: The patent claims the combination of dextromethorphan and bupropion as the active ingredients.
- Dosage Forms: The claims include various dosage forms such as tablets, capsules, and other drug delivery systems designed for sustained release.
- Therapeutic Effects: The patent emphasizes the improved therapeutic effects, including the reduction of symptoms associated with depression, anxiety, and other related conditions[4].
Scope of the Invention
Therapeutic Applications
The scope of the invention extends to the treatment of various mental health conditions, including:
- Depression: The primary focus is on treating depression, including treatment-resistant depressive disorder.
- Anxiety: The combination is also effective in reducing anxiety symptoms.
- Other Conditions: The patent mentions potential benefits in treating agitation, headaches, and other related mental health issues[4].
Dosage and Administration
The patent details the dosage forms and administration methods, ensuring that the combination is delivered in a manner that maximizes therapeutic efficacy while minimizing side effects.
Patent Landscape
Prior Art and Citations
The patent cites prior art related to the use of dextromethorphan and bupropion individually and in combination. The Common Citation Document (CCD) application, which consolidates prior art cited by participating IP offices, would be relevant in understanding the global patent landscape for this invention[1].
Competing Patents
The pharmaceutical industry is highly competitive, with numerous patents covering various aspects of depression treatment. This patent must navigate the existing landscape, ensuring that its claims do not infringe on prior patents while offering a unique and innovative solution.
Economic and Market Impact
Market Demand
The demand for effective depression treatments is high, given the prevalence of the condition. This patent has the potential to capture a significant market share by offering a novel combination therapy with improved efficacy.
Economic Research
Studies such as those conducted by the USPTO's Office of Chief Economist (OCE) provide insights into patent scope and economic impact. The Patent Claims Research Dataset, for example, could be used to analyze the economic implications of this patent and its claims[3].
Legal Considerations
Reissue and Continuation Applications
The patent must comply with statutory requirements, such as those outlined in 35 U.S.C. ยง 251 for reissue applications. This ensures that any changes to the claims are within the scope of the original patent and do not recapture disclaimed subject matter[2].
Potential for Small Claims Court
In the context of patent disputes, the concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could impact how future disputes related to this patent are handled. This could provide a more streamlined and cost-effective way to resolve patent infringement cases[5].
Key Takeaways
- Innovative Combination Therapy: The patent introduces a novel combination of dextromethorphan and bupropion for treating depression.
- Broad Therapeutic Applications: The scope extends to various mental health conditions, including depression, anxiety, and agitation.
- Detailed Claims Structure: The patent includes independent and dependent claims that define the invention and its various aspects.
- Market Potential: The patent has significant market potential due to the high demand for effective depression treatments.
- Legal Compliance: The patent must adhere to statutory requirements and navigate the existing patent landscape to avoid infringement.
FAQs
Q: What is the primary focus of United States Patent 11,229,640?
A: The primary focus is on the combination of dextromethorphan and bupropion for treating depression.
Q: What are the key therapeutic applications of this patent?
A: The patent covers the treatment of depression, anxiety, agitation, and other related mental health conditions.
Q: How does the patent ensure sustained release of the active ingredients?
A: The patent describes various dosage forms and drug delivery systems designed for sustained release.
Q: What is the significance of the Common Citation Document (CCD) in this context?
A: The CCD consolidates prior art cited by participating IP offices, helping to understand the global patent landscape for this invention.
Q: How might the concept of a small claims patent court impact disputes related to this patent?
A: It could provide a more streamlined and cost-effective way to resolve patent infringement cases.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Court of Appeals for the Federal Circuit - In Re FLOAT'N'GRILL LLC: https://cafc.uscourts.gov/opinions-orders/22-1438.OPINION.7-12-2023_2156183.pdf
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US11229640B2: https://patents.google.com/patent/US11229640B2/en
- Administrative Conference of the United States - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
