Detailed Analysis of the Scope and Claims of United States Patent 4,938,763
Introduction
United States Patent 4,938,763, titled "Biodegradable in-situ forming implants and method of producing the same," is a significant innovation in the field of medical and veterinary science. This patent, expired due to its lifetime, introduces a biodegradable polymer system designed for creating syringeable, in-situ forming, solid biodegradable implants, particularly for animals.
Background and Context
The patent was filed under the classification A61L, which pertains to methods or apparatus for sterilizing materials or objects, and chemical aspects of bandages, dressings, absorbent pads, or surgical articles. Specifically, it falls under the categories of materials for grafts or prostheses and macromolecular materials[1][4].
Scope of the Patent
Biodegradable Polymer System
The patent describes a biodegradable thermosetting polymer system that can be administered via a syringe. This system is unique because it forms a solid implant in situ, meaning it solidifies within the body after injection. This property makes it highly versatile for various medical and veterinary applications[1][4].
Materials and Composition
The biodegradable polymer is composed of macromolecular materials, often mixtures of macromolecular compounds. These materials are characterized by their function or physical properties, such as being injectable or having shape-memory characteristics. The polymer can also be formulated to include therapeutic substances, making it biologically active[1][4].
Application and Use
The implants produced from this polymer system are designed to be resorbable by the body, reducing the need for surgical removal. This feature is particularly beneficial in veterinary medicine, where the ease of administration and the biocompatibility of the implant are crucial. The implants can be used for various purposes, including drug delivery and tissue engineering[1][4].
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims cover the biodegradable polymer composition, the method of producing the implants, and the specific characteristics of the implants, such as their in-situ forming capability and biodegradability[4].
Dependent Claims
Dependent claims further specify the details of the independent claims, including the types of solvents used, the process of mixing the polymer components, and the physical properties of the resulting implants. These claims help to narrow down the scope and ensure that the invention is clearly defined[4].
Patent Landscape
Classification and Categorization
The patent is classified under various categories within the A61L classification, including materials for grafts or prostheses, macromolecular materials, and materials characterized by their function or physical properties. This categorization indicates the patent's relevance to medical and veterinary science, particularly in the areas of biodegradable materials and in-situ forming implants[1][4].
Prior Art and Novelty
The patent builds upon prior art in the field of biodegradable materials but introduces a novel approach with its in-situ forming capability. This innovation addresses the need for easier and less invasive methods of implant administration, which is a significant advancement in the field[1][4].
Patent Term and Legal Status
The patent has expired due to its lifetime, indicating that the technology is now in the public domain. This expiration allows other researchers and manufacturers to build upon and improve the original invention without the need for licensing or royalties[1][4].
Impact on Innovation
Patent Scope and Quality
The scope of this patent is well-defined, with clear independent and dependent claims. This clarity is important for maintaining patent quality, as it helps to avoid overly broad claims that could lead to licensing and litigation issues. The narrow scope also encourages further innovation by allowing other inventors to work around the existing claims[3].
Forward Citations and Influence
Although the patent has expired, its influence can still be seen in subsequent research and developments in biodegradable materials and in-situ forming implants. Forward citations would indicate how this patent has been referenced and built upon in later patents and scientific literature.
Key Takeaways
- Biodegradable Polymer System: The patent introduces a biodegradable thermosetting polymer system for creating in-situ forming implants.
- In-Situ Forming Capability: The implants solidify within the body after injection, making them highly versatile.
- Resorbable by the Body: The implants are designed to be resorbable, reducing the need for surgical removal.
- Therapeutic Applications: The polymer can include therapeutic substances, making it biologically active.
- Expired Patent: The patent has expired, placing the technology in the public domain.
FAQs
What is the main innovation of United States Patent 4,938,763?
The main innovation is the biodegradable thermosetting polymer system that forms solid implants in situ after injection.
What are the primary applications of this biodegradable polymer system?
The primary applications include drug delivery, tissue engineering, and other medical and veterinary uses where biodegradable implants are beneficial.
Why is the in-situ forming capability significant?
The in-situ forming capability allows for easier and less invasive administration of implants, which is a significant advancement in medical and veterinary procedures.
What is the legal status of this patent?
The patent has expired due to its lifetime, making the technology available in the public domain.
How does this patent impact future innovation in biodegradable materials?
The clear and narrow scope of the patent encourages further innovation by allowing other inventors to work around the existing claims and build upon the original invention.
Sources
- US4938763B1 - Biodegradable in-situ forming implants and method of producing the same - Google Patents
- US-4938763-A - Unified Patents Portal
- Patent Claims and Patent Scope - SSRN
- US4938763A - Biodegradable in-situ forming implants and methods of producing the same - Google Patents
- Patent Term Extension - USPTO