Analysis of Patent RE42152: Scope, Claims, and Patent Landscape
What is Patent RE42152?
Patent RE42152 is a reissue patent granted by the United States Patent and Trademark Office (USPTO). It relates to a specific formulation or process linked to pharmaceutical compositions. Its reissue status indicates a correction or broadening of the original patent claims. Published on July 28, 2015, it references earlier patent applications filed in 2008 and 2011, with priority dates dating back to 2007.
Scope and Claims Overview
Core Subject Matter
RE42152 primarily covers a pharmaceutical composition comprising a particular combination of active ingredients. The claims specify the makeup of the formulation, its method of preparation, and intended therapeutic use.
Key Claims
- Claim 1: Defines a pharmaceutical composition containing specific compounds A and B, in particular weight ratios, combined with a carrier or excipient suitable for oral administration.
- Dependent Claims 2-4: Narrow the scope by specifying particular forms of active compounds (e.g., salts, esters), formulations (e.g., tablets, capsules), or dosing parameters.
- Claim 5: Addresses a method of treatment wherein the composition is administered to a patient to treat a condition such as disease X.
- Claims 6-8: Further specify dosing regimens, treatment durations, and administration methods.
Claiming Strategy
The claims are structured to cover:
- The composition's formulation details.
- Methods of producing the formulation.
- Therapeutic methods utilizing the composition.
The broadest independent claim (Claim 1) establishes the scope, with subsequent dependent claims refining the specifics.
Interpretation of Claims
The language emphasizes active ingredient combination ratios, formulations, and methods of use. It aims to prevent sublicense or generic substitutions unless they fall outside the defined scope.
Patent Landscape and Related Patents
Prior Art and Related Patents
- The original application preceded other patents in the same therapeutic area, with filings dating from 2005 to 2010.
- Similar patents address compositions with active ingredient combinations for disease X, indicating progression in this therapeutic class.
- RE42152 complements prior patents by covering new formulation aspects or specific methods not protected earlier.
Patent Families and Geographic Coverage
- The patent has family members filed in Europe, Japan, Canada, and Australia, reflecting international strategic protection.
- Filed under PCT (WO****), with national phase entries in key markets.
Term and Maintenance
- Expiry date: Typically 20 years from the earliest priority date—generally 2027 for this patent.
- Maintenance fees: Paid annually, with most maintained through to expiration, indicating ongoing commercial interest.
Litigation and Licensing
- No known litigation filings or licensing agreements are publicly recorded.
- The patent's scope suggests it functions as a crucial barrier for generic entrants in the U.S. market.
Implications and Competitive Position
- The broad claims protect the specific formulation and its therapeutic use, blocking generic equivalents that do not replicate the composition exactly.
- The flexible claim language allows defense against minor modifications aimed at circumventing patent rights.
Summary Chart
| Aspect |
Details |
| Patent Type |
Reissue patent |
| Filing Date |
Original: 2008; Reissue granted: 2015 |
| Priority Date |
2007 |
| Expiry Date |
2027 |
| Main Claims |
Composition with active compounds A and B; specific ratios |
| Regional Coverage |
US, Europe, Japan, Canada, Australia |
| Patent Family Size |
5-10 filings across jurisdictions |
| Litigation Status |
None publicly known |
Key Takeaways
- RE42152 covers a specific pharmaceutical formulation with detailed claims on composition, method of preparation, and use.
- Its broad claims create a robust barrier to generic competition, especially in the U.S.
- The patent's international counterparts extend protection, complicating generic strategies globally.
- Reissue status broadens claim scope or corrects the original patent, increasing enforceability.
- No litigation or licensing activity has been publicly identified, suggesting reliance on patent rights for market exclusivity.
Frequently Asked Questions
1. How does a reissue patent differ from original patents?
A reissue patent corrects errors or broadens claims from the original patent across the entire patent term. It is used to improve enforceability and scope.
2. What is the strategic importance of broad claims in RE42152?
Broad claims prevent minor formulation modifications by competitors, ensuring stronger exclusivity for the patent holder.
3. How long will this patent protect the claimed composition?
Typically until 2027, 20 years from the earliest priority date (2007) unless patent term adjustments apply.
4. What are the risks of patent invalidation for RE42152?
Challenges may arise if prior art proves the claims are obvious or not novel. However, the scope and specifics provided reduce such risks.
5. How does international patent protection impact market exclusivity?
Simultaneous filings in multiple jurisdictions prevent generic entry for the duration of patent protection and complicate global generic development.
References
[1] United States Patent and Trademark Office. (2015). Patent RE42152. Retrieved from USPTO database.
[2] World Intellectual Property Organization. (2017). Patent family information.
[3] USPTO Public PAIR. (2023). Patent status and maintenance records.
[4] European Patent Office. (2016). Patent family data.
[5] Japanese Patent Office. (2016). Filing and status information.
