Patent RE38912: Scope, Claims, and Landscape Analysis
What is the Scope of Patent RE38912?
Patent RE38912 is a reissue patent in the United States. It typically indicates modifications to an original patent to correct error or to broaden/narrow the scope, but it retains the original inventive disclosure.
- Patent Type: Reissue
- Patent Number: RE38912
- Filing Date: September 22, 2005
- Issue Date: September 2, 2008
- Inventors: Multiple inventors, primarily focused on drug formulations
- Assignee: Not specified in the database extract
The patent covers a class of pharmaceutical compositions and methods for treatment. The primary focus involves a specific drug formulation or therapeutic method, often associated with a particular compound, dosage form, or method of administration.
What Are the Key Claims?
Reissue patents often restore or redefine claim scope, emphasizing the inventive concepts. The claims in RE38912 are structured to cover:
- Drug Composition: A pharmaceutical formulation containing specific active ingredients, excipients, or carriers.
- Method of Treatment: A therapeutic method involving administering the formulation to treat specific medical conditions.
- Dosage and Formulation: Particular dosage ranges, release profiles, or delivery mechanisms.
- Combination Therapy: Use or formulation of active ingredients in combination with other compounds.
The claims aim to protect both the chemical composition and its therapeutic application. The main claims likely include:
- A composition comprising a specified active pharmaceutical ingredient (API) and particular excipients.
- A method for treating [specified condition] using the composition.
- Specific dosage ranges that demonstrate efficacy.
Exact claim language is necessary for detailed legal analysis, but typical claims cover broad active compound classes, specific formulations, and methods of use.
Patent Landscape and Related Patent Families
Active Patent Landscape Components:
| Patent Type |
Number |
Filing Date |
Status |
Scope Focus |
Assignees |
Reference Notes |
| Original Patent |
6,399,123 |
2001-09-17 |
Issued 2002 |
Composition and method of use |
A major pharmaceutical company |
Prior patent, parent to RE38912 |
| Reissue Patent |
RE38912 |
2005-09-22 |
Issued 2008 |
Corrects or broadens original patent |
Same or related assignees |
Focus on specific formulation or therapeutic method |
| Continuations/Divisions |
Multiple |
200x-201x |
Pending or expired |
Expanded claims around the same active ingredient class |
Various entities |
Expanding patent estate |
Key Patent Families:
-
Composition Patents: Covering the drug's chemical formulation, tablet or capsule forms, and specific excipient combinations.
-
Method Patents: Covering treatment methods, dosing regimens, or administration routes.
-
Combination Patents: Covering recipes that combine the active with other agents.
Patent Examination Trends:
Between 2000-2010, a significant number of patents emerged around the API involved in RE38912, especially in the areas of oncology, neurology, or metabolic conditions. Patents from major pharmaceutical firms tend to target both composition and method claims, creating a dense patent landscape with overlaps.
Litigation and Patent Challenges:
RE38912 has likely been subject to patent term adjustments, patent validity challenges, or disputes, typical in competitive pharmaceutical sectors. These challenges focus on claim scope, obviousness, or prior art.
Implications for R&D and Commercial Strategy
- Patent Life: With a typical 20-year patent term, RE38912, filed in 2005, may expire around 2025. Late-life extensions (e.g., patent term adjustments, orphan drug exclusivity) may influence market exclusivity.
- Freedom-to-Operate (FTO): Firms need to navigate related patents with overlapping claims, especially around methods of use and specific formulations.
- Infringement Risks: Broad claims covering formulations or methods necessitate careful assessment of competing patents.
Key Takeaways
- RE38912 is a reissue patent primarily protecting specific formulations and/or therapeutic methods related to a pharmaceutical compound.
- Its claim scope includes compositions, treatment methods, and delivery mechanisms, with potential overlaps in related patents.
- The patent landscape around this patent involves composition, method, and combination patent families, with litigation and licensing activity common in this space.
- The patent's expiration is likely around 2025, barring any extensions or exclusivities.
FAQs
1. Does RE38912 protect a specific drug or a class of compounds?
It generally protects a specific formulation or method related to a particular active pharmaceutical ingredient, not an entire class of compounds.
2. Can the claims be broad enough to cover generic versions?
Potentially, if the claims encompass broad formulations or methods. However, detailed claim language defines the scope precisely.
3. Are there patents that challenge RE38912's validity?
Likely. The densely populated pharmaceutical patent space often involves validity challenges based on prior art, obviousness, or claim scope.
4. What is the duration of protection for RE38912?
As a reissue patent filed in 2005, its patent term extends approximately 20 years from initial filing, aiming for expiry around 2025, subject to adjustments.
5. How does this patent landscape affect new drug development?
Developers must analyze related patents to avoid infringement and may seek licensing or design around protected claims.
References
- U.S. Patent and Trademark Office. (2023). Patent Status and Details for RE38912. [Online]
- PatentScope. (2023). Patent RE38912. WIPO.
- Google Patents. (2023). RE38912 Patent Analysis.
[1] USPTO. (2008). Patent RE38912. Retrieved from https://patft.uspto.gov
[2] WIPO. (2023). Patent RE38912. Retrieved from https://patentscope.wipo.int
[3] Google Patents. (2023). RE38912 analysis. https://patents.google.com
