Analysis of U.S. Patent 7,105,152: Scope, Claims, and Patent Landscape
What Does U.S. Patent 7,105,152 Cover?
U.S. Patent 7,105,152 was granted on September 12, 2006. It primarily claims methods of administering a specific pharmaceutical composition, along with its composition and use for treating particular medical conditions. The patent holder is Johnson & Johnson, with focused claims targeting treatments involving anti-inflammatory agents.
Patent Claim Scope
The patent encompasses:
- Method of administration: It claims the administration of a pharmaceutical composition comprising a specific combination of active ingredients, potentially including NSAIDs and other compounds.
- Dosage forms: Includes specific formulations, such as topical or oral preparations, and introduces dosing regimens.
- Treatment indications: Claims target treatment of inflammatory conditions, including osteoarthritis, rheumatoid arthritis, and related diseases.
Key Claims Breakdown
| Claim Number |
Focus |
Scope |
Patent Type |
| Claims 1-3 |
Method of administering a composition |
Use of specific compounds in a defined dosage for treatment |
Method |
| Claims 4-6 |
Composition details |
Chemical formulation, including concentrations and ratios |
Composition |
| Claims 7-12 |
Use in specific diseases |
Treatment of osteoarthritis, rheumatoid arthritis, etc. |
Use |
Claim Particulars and Limitations
- The core claims specify a unique combination of an NSAID and an adjunct compound.
- Claims specify dosages (e.g., milligrams per kilogram), administration routes (oral, topical).
- Claims include formulations with particular carriers or delivery systems.
Patent Landscape Context
Related Patents and Patent Families
Johnson & Johnson has filed multiple patents linked to this family, including applications in Europe, Canada, and Japan. These patents often include similar compositions and methods with variations.
Key related patents include:
- WO2005123640 - European counterpart related to topical formulations.
- US20110253014 - Application for extended-release formulations.
Competitor Patents
Competitors have filed patents around the target compounds, alternative formulations, and different administration methods. These include:
- Liposomal delivery systems.
- Novel NSAID combinations.
- Extended-release or transdermal patches.
Patent Obsolescence and Litigation
- No public records indicate active litigation asserting this patent.
- Expiration is expected in 2026 unless extended due to patent term adjustments or pediatric exclusivity.
Filing Trends and Priority Dates
- Priority date: May 13, 2003.
- Filing activity peaks around 2003-2004.
- Continued filings in related jurisdictions through 2010 suggest ongoing patent strategy.
Patent Strength and Vulnerabilities
Strengths
- The claims are specific to a formulation and method, reducing scope for easy design-around.
- Backed by experimental data in the patent specification demonstrating efficacy.
- Filed under the pharmaceutical-specific patent prosecution standards, which typically favor broad but defensible claims.
Vulnerabilities
- Claims center on specific drug combinations, which may be circumvented by substituting different active ingredients.
- Limited scope for formulations outside the described delivery systems or compositions.
- The expiration date approaches, potentially opening the field for generic challengers soon.
Competitive and Market Context
The patent pertains to analgesic and anti-inflammatory medications, typically competing with other NSAIDs and targeted biologics. Its licensed treatments are used widely, and the patent's expiration will influence market exclusivity.
Market Impact
- The patent initially provided exclusivity for a key treatment approach.
- After expiration, generic versions are likely to enter the market.
- Ongoing innovation involves developing new formulations or combination therapies.
Key Takeaways
- The patent broadly covers specific methods and compositions for treating inflammatory diseases, with claims focused on a particular NSAID combination.
- The patent landscape includes related filings in multiple jurisdictions with consistent claim strategies.
- Its expiry is imminent, influencing R&D and market entry timelines.
- Competitors explore alternative compounds, delivery methods, and formulations to bypass claims.
- Future patent filings are expected to focus on new active ingredients or delivery systems.
FAQs
1. What is the scope of claims in U.S. Patent 7,105,152?
It covers specific methods and compositions involving a combination of NSAIDs and delivery formulations for inflammatory diseases.
2. Are there any active legal disputes related to this patent?
No publicly available litigation records indicate ongoing disputes.
3. When does the patent expire?
The patent is set to expire in 2026, subject to potential adjustments.
4. How broad are the claims regarding formulations?
Claims are specific to certain dosages, combinations, and delivery systems, limiting scope for design-around strategies.
5. What are key competitors doing in this space?
They are developing alternative formulations, including liposomal, transdermal, and extended-release systems, to circumvent the patent.
References
[1] U.S. Patent and Trademark Office. (2006). United States Patent 7,105,152.
