United States Patent 4,762,856: An In-Depth Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 4,762,856, titled "Anesthetic composition and method of using the same," is a significant patent in the field of inhalation anesthetics. This patent, issued on August 9, 1988, is associated with the anesthetic desflurane, a compound known for its rapid induction and recovery properties.
Background of Desflurane
Desflurane, chemically known as 2-(difluoromethoxy)-1,1,1,2-tetrafluoroethane, is an inhalation anesthetic that has garnered considerable attention due to its advantageous properties. It was first disclosed in Russell et al, U.S. Pat. No. 3,897,502, but its use as an anesthetic was specifically patented in U.S. Pat. No. 4,762,856[1][4].
Scope of the Patent
The patent covers the composition and method of using desflurane as an anesthetic. Here are the key aspects of its scope:
Anesthetic Composition
The patent describes desflurane as a highly effective anesthetic with rapid induction and recovery times, making it particularly suitable for outpatient surgical procedures[1][4].
Method of Use
The method involves administering desflurane in a controlled manner to achieve the desired anesthetic effect. The patent details the dosages and administration protocols to ensure safe and effective use[4].
Claims of the Patent
The claims of U.S. Pat. No. 4,762,856 are crucial in defining the protection afforded by the patent. Here are some key claims:
Composition Claims
- The patent claims the composition of desflurane as an anesthetic agent.
- It specifies the chemical structure and purity requirements of desflurane[4].
Method Claims
- The patent claims methods for administering desflurane to achieve anesthesia.
- It includes claims related to the dosage and administration protocols[4].
Patent Landscape
Understanding the patent landscape around U.S. Pat. No. 4,762,856 involves analyzing related patents and the broader intellectual property context.
Related Patents
- Preparation of Desflurane: U.S. Pat. No. 5,283,372 describes a process for preparing highly purified optical isomers of desflurane, which is closely related to the anesthetic composition claimed in U.S. Pat. No. 4,762,856[1].
- Alternative Production Methods: U.S. Pat. No. 8,378,149 discloses an alternative method for producing desflurane from isoflurane using bromine trifluoride, which complements the production methods implied in U.S. Pat. No. 4,762,856[5].
Regulatory Extensions
The patent term of U.S. Pat. No. 4,762,856 may have been extended under 35 U.S.C. 156(e)(1) due to regulatory reviews by the FDA. This provision allows for patent term extensions for products subject to certain regulatory reviews, which can impact the patent's expiration date[2].
Impact on the Pharmaceutical Industry
U.S. Pat. No. 4,762,856 has had a significant impact on the pharmaceutical industry, particularly in the field of anesthesiology.
Commercial Potential
Desflurane's rapid induction and recovery properties have made it a commercially viable anesthetic, especially for outpatient procedures. This has driven its adoption in clinical settings worldwide[1].
Competitive Landscape
The patent has influenced the competitive landscape by setting a standard for inhalation anesthetics. Other companies have had to develop alternative anesthetics or production methods to compete with desflurane[1][5].
Patent Analytics and Claim Coverage
To fully understand the protection and gaps in the patent landscape, patent analytics tools can be employed.
Claim Coverage Matrix
A Claim Coverage Matrix can help identify which patents and claims are actively protecting the intellectual property related to desflurane. This tool categorizes patents by claims and scope concepts, making it easier to analyze large numbers of patent claims[3].
Claim Charts
Interactive claim charts generated by tools like ClaimScape® can help technical experts review patent coverage and identify gaps or future design opportunities. These charts are particularly useful for determining the applicability of scope concepts to target products or methods[3].
Key Takeaways
- Desflurane's Significance: Desflurane is a highly effective inhalation anesthetic with rapid induction and recovery times.
- Patent Scope: U.S. Pat. No. 4,762,856 covers the composition and method of using desflurane as an anesthetic.
- Related Patents: Other patents, such as U.S. Pat. No. 5,283,372 and U.S. Pat. No. 8,378,149, are related to the production and use of desflurane.
- Regulatory Extensions: The patent term may have been extended due to FDA regulatory reviews.
- Industry Impact: The patent has significantly influenced the pharmaceutical industry, particularly in anesthesiology.
FAQs
Q: What is the chemical structure of desflurane?
A: Desflurane is chemically known as 2-(difluoromethoxy)-1,1,1,2-tetrafluoroethane[1].
Q: Why is desflurane preferred in outpatient procedures?
A: Desflurane is preferred due to its rapid induction and recovery times, making it ideal for outpatient surgical procedures[1].
Q: How is desflurane produced?
A: Desflurane can be produced through the reaction of bromine trifluoride with highly purified enantiomers of isoflurane[1][5].
Q: What is the significance of U.S. Pat. No. 5,283,372 in relation to U.S. Pat. No. 4,762,856?
A: U.S. Pat. No. 5,283,372 describes a process for preparing highly purified optical isomers of desflurane, which complements the anesthetic composition claimed in U.S. Pat. No. 4,762,856[1].
Q: How can patent analytics tools help in understanding the patent landscape around desflurane?
A: Patent analytics tools, such as Claim Coverage Matrix and Claim Charts, help in categorizing and analyzing patent claims to identify gaps and opportunities in the intellectual property landscape[3].
Cited Sources:
- US5283372A - Preparation of purified optical isomers of desflurane.
- Extension Under 35 U.S.C. 156(e)(1) - OG Date: 29 July 2003.
- Patent Analytics | Intellectual Property Law.
- US4762856A - Anesthetic composition and method of using the same.
- US8378149B2 - Process for production of 1,2,2,2-tetrafluoroethyl difluoromethyl ether.
