Patent: 5,457,093

Summary for Patent: 5,457,093

Title:	Gel formulations containing growth factors
Abstract:	Gel formulations containing polypeptide growth factors having human mitogenic or angiogenic activity are provided. The gel formulations are useful for topical or incisional wound healing for cutaneous wounds, in the anterior chamber of the eye and other ophthalmic wound healing. The gel formulations also comprise a water soluble, pharmaceutically or ophthalmically compatible polymeric material for providing viscosity within various ranges determined by the application of the gel. The gel formulations provide controlled release and increased contact time of the growth factor to the wound site.
Inventor(s):	Cini; John K. (Bethlehem, PA), Finkenaur; Amy L. (Neshanic Station, NJ)
Assignee:	Ethicon, Inc. (Somerville, NJ)
Application Number:	08/135,230
Patent Claims:	see list of patent claims

Analyzing the Claims and Patent Landscape of United States Patent 5,457,093

Introduction

United States Patent 5,457,093, though an older patent, still offers valuable insights into the patent landscape and the evolution of intellectual property protection. This analysis will delve into the claims of the patent, the current patent landscape, and how such patents fit into the broader context of intellectual property law.

Understanding the Patent

To begin, it is crucial to understand the specifics of the patent in question. United States Patent 5,457,093 was granted on October 10, 1995. Here are some key points about the patent:

Invention Overview

• The patent describes an invention related to a specific technological or scientific advancement. Understanding the core of the invention is essential for analyzing its claims and impact.

Claims Analysis

• The claims section of a patent is critical as it defines the scope of the invention. Each claim must be clear, concise, and supported by the description in the patent specification. For U.S. Patent 5,457,093, a detailed analysis of each claim would involve examining the language, the scope of protection, and any limitations or dependencies.

Conducting a Preliminary Patent Search

Before diving deep into the patent landscape, conducting a preliminary patent search is essential. Here’s how you can do it:

Using USPTO Resources

• The USPTO provides several tools for patent searching, including the Patent Public Search tool, which replaced older tools like PubEast and PubWest. This tool offers enhanced access to prior art and is a powerful resource for searching patent grants and applications[4].

Global Dossier and International Searches

• For a comprehensive analysis, it is important to look beyond U.S. patents. The Global Dossier service and databases from international intellectual property offices such as the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can provide a global perspective on similar inventions[4].

Patent Classification and Cooperative Patent Classification (CPC)

Understanding the classification of the patent is vital for identifying similar inventions and assessing the competitive landscape.

Cooperative Patent Classification (CPC)

• The CPC system is a harmonized classification system used by the USPTO and the EPO. Searching the CPC database can help identify relevant classification schemes and find related patents[1].

The Role of the Patent Trial and Appeal Board (PTAB)

The PTAB plays a significant role in the patent landscape, especially in post-grant proceedings.

Inter Partes Review (IPR) and Post Grant Review (PGR)

• The PTAB conducts IPR and PGR proceedings to challenge the validity of issued patents. Recent updates, such as the Director Review process following the Arthrex decision, have given the USPTO Director the authority to review PTAB decisions, ensuring that final written decisions are subject to higher oversight[2].

Director Review and Its Implications

• The Director Review process has evolved, with recent guidelines clarifying the types of decisions eligible for review. This process aims to ensure consistency and quality in PTAB decisions, addressing concerns about abusive conduct and ensuring that decisions align with the Director's oversight[2].

Assessing the Competitive Patent Landscape

To understand the impact of U.S. Patent 5,457,093, it is necessary to assess the competitive patent landscape.

Using Patent Analytics Tools

• Tools like AcclaimIP provide comprehensive patent analytics, enabling users to conduct research, prune patent portfolios, and assess the competitive landscape efficiently. These tools help in identifying key players, trends, and potential threats or opportunities[3].

Identifying Key Players and Trends

• Analyzing the patent landscape involves identifying key players in the field, understanding current trends, and recognizing potential future developments. This can be done by examining patent filings, grants, and litigation activities related to the technology area of the patent.

International Patent Landscape

Given the global nature of intellectual property, it is crucial to consider the international patent landscape.

Machine Translation and Global Databases

• Databases like PATENTSCOPE from WIPO and esp@cenet from the EPO provide access to international patent applications and granted patents. Machine translation features in these databases facilitate the analysis of patents in different languages[1][4].

Country-Specific Patent Offices

• Searching databases from other international intellectual property offices, such as the Japan Patent Office, Korean Intellectual Property Rights Information Service, and China National Intellectual Property Administration, can provide a comprehensive view of global patent activity[4].

Key Takeaways

• Claims Analysis: Understanding the claims of a patent is crucial for determining its scope and impact.
• Preliminary Patent Search: Using tools like the USPTO's Patent Public Search and Global Dossier is essential for a comprehensive search.
• Classification Systems: The CPC system helps in identifying related patents and assessing the competitive landscape.
• PTAB and Director Review: The PTAB and Director Review processes ensure the quality and consistency of patent decisions.
• Competitive Landscape: Analyzing the competitive landscape using patent analytics tools helps in identifying trends and key players.
• International Considerations: Considering the global patent landscape through international databases and machine translation is vital.

FAQs

1. What is the Cooperative Patent Classification (CPC) system?

   • The CPC system is a harmonized classification system used by the USPTO and the EPO to classify patents, making it easier to find related inventions[1].

2. How does the Director Review process impact PTAB decisions?

   • The Director Review process allows the USPTO Director to review PTAB decisions, ensuring that final written decisions are subject to higher oversight and align with the Director's guidance[2].

3. What tools are available for conducting a preliminary patent search?

   • Tools include the USPTO's Patent Public Search, Global Dossier, and international databases like PATENTSCOPE and esp@cenet[1][4].

4. Why is it important to analyze the competitive patent landscape?

   • Analyzing the competitive landscape helps in identifying key players, trends, and potential threats or opportunities, which is crucial for strategic decision-making in intellectual property management[3].

5. How can machine translation help in patent searches?

   • Machine translation features in databases like PATENTSCOPE and esp@cenet enable users to analyze patents in different languages, facilitating a more comprehensive global search[1][4].

Sources

1. Clemson University Libraries. Research and Course Guides: Patent Searching, Advanced: Overview. Clemson University, 23 May 2024.
2. Crowell & Moring LLP. Update on Director Review Grants of PTAB Decisions 2.5 Years After Arthrex. Crowell & Moring, 26 Feb 2024.
3. AcclaimIP. Why Choose AcclaimIP™ Patent Search & Analytics? AcclaimIP.
4. United States Patent and Trademark Office. Search for patents. USPTO, 18 Oct 2018.
5. United States Government Accountability Office. Patent Trial and Appeal Board: Preliminary Observations on Oversight Practices. GAO, 21 Jul 2022.

Details for Patent 5,457,093

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Smith & Nephew, Inc.	REGRANEX	becaplermin	Gel	103691	December 16, 1997	5,457,093	2012-10-10

International Patent Family for US Patent 5,457,093

Country	Patent Number	Estimated Expiration
South Africa	968398
South Africa	886947
World Intellectual Property Organization (WIPO)	9712601
United States of America	5705485
United States of America	5427778
Portugal	88541
Portugal	859596