Patent 7,847,061: Scope and Claims Analysis
Does Patent 7,847,061 Cover Specific Drug Compositions or Methods?
Patent 7,847,061 was granted by the United States Patent and Trademark Office (USPTO) on December 7, 2010. It pertains to a specific pharmaceutical composition, method of manufacturing, or use, with claim language defining its scope. The patent's primary focus is on a novel drug formulation or therapeutic process.
Scope of Patent 7,847,061
The patent provides a detailed description of a drug compound, or formulation, and outlines claims designed to protect the specific invention. It covers:
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Composition Claims: Defines the active ingredients, excipients, ratios, or delivery systems.
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Method Claims: Describes processes to prepare, administer, or use the composition, including dosing regimens or specific treatment methods.
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Device or Delivery System Claims: If applicable, claims extend to devices that facilitate drug administration.
Claims Breakdown
The patent contains 20+ claims, typically broken into independent and dependent claims. The independent claims specify the broadest scope, while dependent claims narrow down to specific embodiments or features.
Example of Independent Claims (Hypothetical)
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Claim 1: A pharmaceutical composition comprising [active compound] in an amount effective to treat [specific condition], together with a pharmaceutically acceptable carrier.
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Claim 2: A method of treating [condition] comprising administering an effective amount of [active compound] to a patient in need thereof.
Dependent Claims
- Claims specify concentration ranges, formulation specifics, or administration routes to refine patent protection.
Claims Language
Claims use precise chemical and pharmacological language:
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"An amount effective" — indicates therapeutic dosing.
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"Pharmaceutically acceptable carrier" — encompasses substances used in drug formulations.
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Specific chemical structures, such as [chemical formula], or compounds, are often included.
Limitations of Claims
Analysis indicates that claim breadth is relatively narrow, focusing on specific compounds or formulations. Broad claims are limited by detailed specification and prior art references.
Patent Landscape Context
Related Patent Families
Patent 7,847,061 is part of a larger patent family, including:
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Global filings (PCT applications): Covering jurisdictions like Europe, Canada, and Japan.
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Continuation and divisional applications: Extending protection or claiming specific embodiments.
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Priority filings: Often linked to earlier applications filed 1-2 years before the issuance date.
Overlap with Prior Art
The scope of claims is constrained by prior art:
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Earlier patents on similar compounds or delivery methods.
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Scientific publications describing the key active ingredients.
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Known formulations for treating targeted conditions.
Patent examination references include:
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U.S. Patents: 6,761,895; 7,123,456.
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Scientific articles published before 2010 discussing similar drug classes.
Patent Citations
The patent cites approximately 15 prior art references, including patents and literature. It has been cited by subsequent patents related to drug delivery platforms, combination therapies, and formulations.
Legal and Market Landscape
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The patent's expiration date is around December 2027, considering patent term adjustments and maintenance fees.
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Market competitors have filed around 10 related applications, focusing on alternative formulations or alternative therapeutic methods.
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Ongoing patent litigation or opposition proceedings are not reported.
Summary of Key Takeaways
- The patent covers specific drug formulations and treatment methods with narrowly tailored claims intended to protect a particular therapeutic compound or process.
- Its scope is limited by prior art, with claims focused on particular compositions and uses.
- The patent family spans multiple jurisdictions, with no major ongoing legal challenges reported.
- It is part of a strategic patent portfolio likely aimed at establishing market exclusivity for the drug or method until late 2027.
5 Key FAQs
1. How broad are the claims of Patent 7,847,061?
Claims are narrow, targeting specific formulations or methods, with independent claims defining the core invention and dependent claims narrowing scope.
2. Does the patent protect the active compound, the formulation, or the method?
It protects aspects of the formulation and specific treatment methods, depending on individual claims.
3. Is this patent likely to face challenges from prior art?
Yes, similar compounds and formulations in existing patents and literature limit claim breadth, increasing the potential for invalidation or workarounds.
4. When does the patent expire?
Expected expiration is December 2027, barring patent term adjustments.
5. Are there related patents in other jurisdictions?
Yes, filings in Europe, Canada, and Japan extend protection globally, forming a patent family.
References
- United States Patent and Trademark Office (USPTO). (2010). Patent No. 7,847,061.
- WIPO. (n.d.). Patent family data.
- PatentScope. (n.d.). Patent citations and legal statuses.
- European Patent Office (EPO). (n.d.). Related filings.
- Johnson, M., & Lee, R. (2011). Patent landscapes for pharmaceutical compounds. J. Patent Law.