Analyzing the Scope and Claims of United States Patent 4,816,263: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the details of United States Patent 4,816,263, titled "Dosage Form for Treating Cardiovascular Diseases Comprising Isradipine," and provide a comprehensive analysis of its scope, claims, and the broader patent landscape.
Patent Overview
Title and Assignees
United States Patent 4,816,263 is assigned to Alza Corporation and pertains to a "Dosage Form for Treating Cardiovascular Diseases Comprising Isradipine." Isradipine is a calcium channel blocker used to treat hypertension and other cardiovascular conditions[5].
Priority Date and Issue Date
The priority date for this patent is October 2, 1987, indicating when the initial application was filed. The patent was issued on March 28, 1989[5].
Scope of the Patent
Invention Description
The patent describes a specific dosage form designed to deliver isradipine in a controlled manner. This dosage form is intended to provide a steady and consistent release of the drug, which is essential for maintaining therapeutic levels over an extended period. The invention includes various formulations and delivery mechanisms to ensure optimal drug delivery[5].
Technical Details
The dosage form typically involves an osmotic pump system or other controlled release mechanisms. These systems are designed to release isradipine at a predetermined rate, which helps in managing cardiovascular diseases effectively. The technical details include the composition of the dosage form, the materials used, and the manufacturing process[5].
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically describe the dosage form, its components, and the method of delivery. For example, Claim 1 might describe the overall composition of the dosage form, while subsequent claims might detail specific aspects such as the type of materials used or the release mechanism[5].
Dependent Claims
Dependent claims build upon the independent claims and provide additional details or variations. These claims may include specific ratios of ingredients, different types of release mechanisms, or other modifications that fall within the scope of the independent claims. Dependent claims help to further define the boundaries of the invention and protect against potential infringements[5].
Patent Landscape
Prior Art and Citations
To understand the patent landscape, it is essential to look at prior art and citations. The Common Citation Document (CCD) application, for instance, consolidates prior art cited by multiple patent offices, providing a comprehensive view of the existing knowledge in the field[1].
Global Dossier
The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This tool is invaluable for understanding how the patent fits into the global intellectual property landscape[1].
International Patent Offices
Searching international patent databases, such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO), can reveal similar or related patents filed in other jurisdictions. This helps in assessing the global scope and potential for the invention[1].
Search and Analysis Tools
Patent Public Search
The USPTO's Patent Public Search tool is a powerful resource for conducting thorough patent searches. It offers modern interfaces and enhanced access to prior art, making it easier to analyze the scope and claims of a patent in the context of existing knowledge[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs provide additional resources and training in patent search techniques, which can be beneficial for detailed analysis and understanding of the patent landscape[1].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset offers detailed information on claims from U.S. patents and patent applications. This dataset can be used to analyze trends and measurements of patent scope, providing insights into the economic and research implications of the patent[3].
Industry Impact
Understanding the scope and claims of a patent like 4,816,263 can have significant implications for the pharmaceutical industry. It can influence research and development, licensing agreements, and market strategies. For instance, knowing the specific formulations and delivery mechanisms protected by the patent can help other companies avoid infringement or develop new, non-infringing technologies[5].
Legal Considerations
Patent Assignment and Ownership
The Patent Assignment Search website can be used to track changes in ownership and assignments of the patent. This is crucial for understanding the current legal status and any potential licensing or litigation issues[1].
Report on Filing Patent/Trademark
For legal proceedings, forms like the Report on Filing Patent/Trademark (AO 120) are essential. These forms help in documenting the filing process and ensuring compliance with legal requirements[2].
Key Takeaways
- Patent Scope: The patent covers a specific dosage form for delivering isradipine, including the composition and delivery mechanisms.
- Claims Analysis: Independent and dependent claims define the invention's boundaries and protect against infringements.
- Patent Landscape: Understanding prior art, global dossier, and international patent offices is crucial for assessing the patent's global scope.
- Search Tools: Utilize tools like Patent Public Search and PTRCs for thorough analysis.
- Economic Implications: The patent's impact on research, development, and industry strategies is significant.
- Legal Considerations: Track ownership changes and comply with legal filing requirements.
FAQs
Q: What is the primary invention described in United States Patent 4,816,263?
A: The primary invention is a dosage form for treating cardiovascular diseases using isradipine, specifically designed for controlled release.
Q: How can I search for similar patents internationally?
A: Use databases like the European Patent Office's esp@cenet, Japan Patent Office's database, and WIPO's PATENTSCOPE to search for similar patents internationally.
Q: What tools are available for analyzing the scope and claims of a patent?
A: Tools such as the USPTO's Patent Public Search, Global Dossier, and Patent and Trademark Resource Centers (PTRCs) are available for detailed analysis.
Q: Why is understanding the patent landscape important?
A: Understanding the patent landscape helps in assessing the global scope, avoiding infringements, and developing new technologies.
Q: How can I track changes in ownership of a patent?
A: Use the Patent Assignment Search website to track changes in ownership and assignments of the patent.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- US Courts - Report on Filing Patent/Trademark: https://www.uscourts.gov/forms-rules/forms/report-filing-patent-trademark
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Canadian Patents Database - Patent 2183746 Summary: https://brevets-patents.ic.gc.ca/opic-cipo/cpd/eng/patent/2183746/summary.html
- Unified Patents - US-20080249141-A1: https://portal.unifiedpatents.com/patents/patent/US-20080249141-A1
