Understanding the Scope and Claims of United States Patent 4,839,177
Introduction
United States Patent 4,839,177, titled "System for the controlled-rate release of active substances," is a significant patent in the field of pharmaceuticals, particularly in controlled drug release systems. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
The patent, granted on June 13, 1989, describes a system designed for the controlled-rate release of active substances, such as drugs. This system is crucial in pharmaceuticals as it ensures that the active substance is released at a consistent rate, which can improve the efficacy and safety of the medication[2].
Claims Analysis
The claims of a patent are its most critical components, as they define the scope of the invention and what is protected by the patent.
Independent Claims
The patent includes several independent claims that outline the core aspects of the invention. For example:
- Claim 1 describes a controlled drug release system comprising an active-containing core particle surrounded by a water-insoluble polymer membrane.
- Other claims may detail specific components, such as the type of polymer used or the method of preparing the system.
Dependent Claims
Dependent claims build upon the independent claims and provide additional details or limitations. These claims help to narrow down the scope of the invention and can be used to differentiate the patented system from prior art.
Scope of the Patent
The scope of the patent is determined by the claims and their interpretation.
Claim Construction
In legal proceedings, the claims are subject to construction to ascertain their meaning and scope. This process involves a two-step analysis:
- First, the court must construe the claims to understand their meaning.
- Second, the court compares the construed claims with the accused infringing product to determine infringement[4].
Prosecution History
The prosecution history of the patent, including interactions with the patent examiner, can provide valuable insights into the scope of the claims. For instance, any amendments made during the prosecution process can affect the interpretation of the claims[4].
Patent Landscape
Understanding the patent landscape is crucial for assessing the value and impact of a patent.
Related Patents
The patent landscape includes other patents related to controlled drug release systems. For example, U.S. Patent No. 4,839,177 has been referenced in later patents and legal cases, indicating its significance in the field. The '177 patent has been used as a reference in infringement analyses and claim constructions for other related patents[4].
Competitors and Market Impact
The value of the patent can also be assessed by looking at similar patents and transactions in the industry. For instance, significant deals involving patent portfolios, such as the $4.5 billion paid by Rockstar Bidco for Nortel's patents, highlight the high value placed on intellectual property in the tech and pharmaceutical sectors[1].
Patent Analytics
To fully understand the scope and claims of the patent, patent analytics 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 the controlled drug release system. This matrix categorizes patents by claims and scope concepts, making it easier to filter, search, and analyze large numbers of patent claims[5].
Claim Charts
Interactive claim charts generated by software like ClaimScape® can be used to review patent coverage with technical experts. These charts help in determining whether a particular scope concept is applicable to a target product or method, highlighting gaps in current coverage and future design opportunities[5].
Legal and Regulatory Considerations
The patent's validity and enforcement are subject to legal and regulatory frameworks.
Infringement Analysis
To prove direct infringement, the patentee must establish that one or more claims of the patent read on the accused device literally or under the doctrine of equivalents. This involves a detailed analysis of the claims and the accused product[4].
Prosecution History and Claim Limitations
The prosecution history, including any amendments and arguments made during the patent application process, informs the court's infringement analysis. This history can clarify the scope of the claims and differentiate them from prior art[4].
Economic Value
The economic value of a patent like U.S. Patent 4,839,177 can be substantial.
Transaction Values
The prices paid for patent portfolios in similar fields can indicate the value of individual patents. For example, the $7.7 million paid for a patent application in 2017 and the $510,204.08 per patent in the Novell and Google-Motorola deals highlight the significant economic value of patents in the tech and pharmaceutical industries[1].
Key Takeaways
- Claims and Scope: The claims of U.S. Patent 4,839,177 define the controlled drug release system and its components, with independent and dependent claims providing a detailed scope.
- Patent Landscape: The patent is part of a broader landscape of related patents and has been referenced in various legal cases and transactions.
- Patent Analytics: Tools like Claim Coverage Matrix and Claim Charts are essential for analyzing and managing patent portfolios.
- Legal Considerations: Infringement analysis and prosecution history are critical in determining the patent's validity and scope.
- Economic Value: The patent holds significant economic value, as evidenced by transactions in the industry.
FAQs
Q: What is the main invention described in U.S. Patent 4,839,177?
A: The main invention is a system for the controlled-rate release of active substances, such as drugs, using a water-insoluble polymer membrane.
Q: How are the claims of a patent constructed and interpreted?
A: Claims are constructed through a two-step analysis involving the court's interpretation of the claims and comparison with the accused infringing product.
Q: What role does the prosecution history play in patent infringement cases?
A: The prosecution history informs the court's infringement analysis by clarifying the scope of the claims and differentiating them from prior art.
Q: How can patent analytics tools help in managing patent portfolios?
A: Patent analytics tools like Claim Coverage Matrix and Claim Charts help in categorizing patents, identifying gaps in coverage, and highlighting future design opportunities.
Q: What is the economic significance of patents like U.S. Patent 4,839,177?
A: Patents in this field can have substantial economic value, as seen in significant transactions involving patent portfolios in the tech and pharmaceutical industries.
Sources
- The Value of a Patent - Perpetual Motion Patents
- System for the controlled-rate release of active substances - US-4839177-A
- Patent Claims Research Dataset - USPTO
- IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT - Finnegan
- Patent Analytics - SLWIP
