Analyzing the Scope and Claims of United States Patent 4,060,634
Introduction
United States Patent 4,060,634, titled "Rapidly Resorbable Glucagon and Glucagon-Like Peptides," was granted on November 29, 1977. This patent is significant in the field of pharmaceuticals, particularly in the development of resorbable peptides. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Invention Description
The patent describes a method for preparing rapidly resorbable glucagon and glucagon-like peptides. These peptides are designed to be quickly absorbed by the body, which is crucial for therapeutic applications where rapid action is necessary. The invention involves specific chemical processes and formulations that enhance the resorbability of these peptides[5].
Claims Analysis
Claim Structure
The patent includes 5 claims, each detailing a specific aspect of the invention:
- Claim 1: Describes the composition of the rapidly resorbable glucagon or glucagon-like peptides.
- Claim 2: Outlines the method of preparing these peptides.
- Claim 3: Specifies the formulation of the peptides for therapeutic use.
- Claim 4: Details the dosage form of the peptides.
- Claim 5: Describes the use of these peptides in treating specific medical conditions.
Claim Scope
The claims are narrowly focused on the specific chemical and formulation aspects of the peptides. For example, Claim 1 specifies the composition of the peptides, ensuring that they are rapidly resorbable. Claim 2 outlines the precise method of preparation, which is critical for maintaining the resorbable properties of the peptides. The scope of these claims is limited to the specific inventions described, ensuring that the patent protection is targeted and not overly broad[5].
Patent Landscape
Prior Art and Related Patents
To understand the patent landscape, it is essential to identify prior art and related patents. The USPTO's Patent Public Search tool and the Global Dossier can be used to find related patents and applications. For instance, searching through the European Patent Office's esp@cenet or the World Intellectual Property Organization's PATENTSCOPE can reveal similar inventions and ongoing research in the field of resorbable peptides[1].
Competing Patents
Analyzing competing patents involves identifying other patents that cover similar or overlapping technologies. Patent analytics tools, such as those provided by Schwegman, can help categorize patents by claims and scope concepts, making it easier to identify gaps or opportunities in the patent landscape. This can include reviewing claim charts to determine if there are areas where the current patent does not provide adequate coverage[3].
Legal and Regulatory Considerations
Reissue and Amendment
The patent's claims must adhere to the "original patent" requirement under 35 U.S.C. ยง 251, which means any reissue claims must be directed to the invention disclosed in the original patent. This requirement ensures that the reissue claims do not cover a different invention than what was originally disclosed. Any attempts to broaden the scope of the claims through reissue must comply with this statutory limitation[2].
International Protection
For global protection, it is crucial to search international patent databases such as those provided by the European Patent Office, Japan Patent Office, and the World Intellectual Property Organization. This ensures that the invention is not already patented abroad and helps in filing corresponding international patent applications[1].
Practical Applications and Future Directions
Therapeutic Use
The rapidly resorbable glucagon and glucagon-like peptides have significant therapeutic applications, particularly in treating conditions where rapid action is required. The specific dosage forms and formulations described in the patent are critical for these applications.
Future Research and Development
The patent landscape analysis can highlight future design opportunities and areas for further research. For example, using claim charts to identify gaps in current coverage can guide engineers and scientists in developing new products or methods that are not yet protected by existing patents[3].
Key Takeaways
- Specific Claims: The patent includes five specific claims that detail the composition, preparation, formulation, dosage form, and therapeutic use of rapidly resorbable glucagon and glucagon-like peptides.
- Narrow Scope: The claims are narrowly focused to ensure targeted patent protection.
- Prior Art and Related Patents: Understanding prior art and related patents is crucial for navigating the patent landscape.
- Competing Patents: Analyzing competing patents helps identify gaps and opportunities.
- Legal Considerations: Reissue claims must comply with the "original patent" requirement.
- International Protection: Searching international patent databases is essential for global protection.
FAQs
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What is the main invention described in United States Patent 4,060,634?
- The main invention is the preparation and formulation of rapidly resorbable glucagon and glucagon-like peptides.
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How many claims are included in this patent?
- The patent includes 5 claims.
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What is the significance of the "original patent" requirement in reissue claims?
- The "original patent" requirement ensures that reissue claims must be directed to the invention disclosed in the original patent, preventing the broadening of claims to cover different inventions.
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How can one analyze the patent landscape for this invention?
- Using tools like the USPTO's Patent Public Search, Global Dossier, and patent analytics software to identify related patents and gaps in coverage.
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What are the potential therapeutic applications of the invention described in this patent?
- The rapidly resorbable glucagon and glucagon-like peptides have significant therapeutic applications, particularly in conditions where rapid action is required.
Sources
- USPTO - Search for patents
- Court of Appeals for the Federal Circuit - In Re FLOAT'N'GRILL LLC
- Schwegman - Patent Analytics
- USA.gov - U.S. Patent and Trademark Office (USPTO)
- United States Patent 4,060,634 - Rapidly Resorbable Glucagon and Glucagon-Like Peptides