Analyzing the Scope and Claims of United States Patent 5,091,190: A Comprehensive Guide
Introduction
United States Patent 5,091,190, titled "Delivery system for administration of blood-glucose lowering drug," is a significant patent in the field of pharmaceutical delivery systems. This patent, assigned to ALZA CORP, was invented by Anthony L. Kuczynski, Atul D. Ayer, and Patrick S. Wong. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Invention Description
The patent describes a delivery system designed for the administration of blood-glucose lowering drugs. This system is engineered to provide a controlled release of the medication, ensuring a stable and effective therapeutic effect over an extended period. The invention is particularly relevant in the management of diabetes, where consistent blood glucose levels are crucial[4].
Claims Analysis
Independent Claims
The patent includes several independent claims that define the core aspects of the invention. These claims typically outline the key components and functionalities of the delivery system.
- Claim 1: This claim describes the delivery system comprising a reservoir containing the blood-glucose lowering drug, a rate-controlling membrane, and an exit means for the drug.
- Claim 5: This claim specifies the materials and construction of the rate-controlling membrane, ensuring a controlled release of the drug.
Dependent Claims
Dependent claims further elaborate on the independent claims by adding specific details or variations.
- Claim 2: This claim details the shape and size of the reservoir and the membrane.
- Claim 6: This claim describes the method of manufacturing the delivery system.
Claim Scope Concepts
To understand the full scope of the patent, it is essential to categorize the claims by scope concepts. This involves identifying the overarching themes and technologies covered by the claims. For example:
- Drug Delivery Mechanism: Claims related to the mechanism of drug release, such as the rate-controlling membrane.
- System Components: Claims detailing the reservoir, membrane, and exit means.
- Manufacturing Process: Claims related to the method of manufacturing the delivery system[3].
Patent Landscape
Prior Art and Related Patents
Understanding the prior art and related patents is crucial for assessing the novelty and non-obviousness of the invention.
- Global Dossier: Using the Global Dossier service, one can identify related applications filed at participating IP Offices, including the IP5 Offices. This helps in understanding the global patent family and any office actions related to similar inventions[1].
- Common Citation Document (CCD): The CCD application consolidates prior art citations from multiple offices, providing a comprehensive view of the prior art landscape for the same invention[1].
Competing Patents
Other patents in the field of drug delivery systems can provide insights into the competitive landscape.
- US6361795B1: This patent, titled "Method for lowering blood glucose," describes a different approach to administering antidiabetic drugs. Comparing the claims and scope of this patent with US 5,091,190 can highlight unique aspects and potential gaps in coverage[5].
Patent Analytics
Claim Coverage Matrix
A Claim Coverage Matrix can be used to analyze which patents and claims are actively protecting the intellectual property related to the delivery system. This matrix helps in identifying gaps or opportunities in the patent portfolio.
- Scope Concepts Categorization: Categorizing patents by scope concepts, such as drug delivery mechanisms and system components, facilitates a more efficient analysis of large numbers of patent claims[3].
Claim Charts
Interactive claim charts generated by tools like ClaimScape® can be reviewed by technical experts to determine the applicability of specific scope concepts to target products or methods. These charts are useful for identifying areas where claim coverage is lacking and highlighting future design opportunities[3].
International Patent Search
To ensure global protection and understand the international patent landscape, it is necessary to search patent databases from other countries.
- European Patent Office (EPO): Using esp@cenet, one can search European patent databases and access machine translations of European patents.
- Japan Patent Office (JPO): Similar searches can be conducted using the JPO database, which also provides machine translations of Japanese patents[1].
Public Search Facilities and Resources
Utilizing public search facilities and resources can enhance the search process.
- USPTO Public Search Facility: Located in Alexandria, VA, this facility provides access to patent and trademark information in various formats, including online, microfilm, and print. Trained staff are available to assist users[1].
- Patent and Trademark Resource Centers (PTRCs): Local PTRCs offer training in patent search techniques and maintain local search resources[1].
Key Takeaways
- Comprehensive Claims Analysis: Understanding the independent and dependent claims is crucial for grasping the full scope of the patent.
- Patent Landscape: Analyzing related patents and prior art helps in assessing the novelty and competitive position of the invention.
- Patent Analytics Tools: Using tools like Claim Coverage Matrix and Claim Charts can streamline the analysis of large patent portfolios.
- Global Search: Conducting international patent searches ensures comprehensive protection and understanding of the global patent landscape.
FAQs
Q: What is the main purpose of United States Patent 5,091,190?
A: The main purpose of this patent is to describe a delivery system for the controlled release of blood-glucose lowering drugs.
Q: How can one analyze the claims of this patent effectively?
A: Effective analysis involves categorizing claims by scope concepts, using tools like Claim Coverage Matrix and Claim Charts, and comparing them with related patents.
Q: What resources are available for conducting a comprehensive patent search?
A: Resources include the USPTO Public Search Facility, Patent and Trademark Resource Centers (PTRCs), and international patent databases like those provided by the EPO and JPO.
Q: Why is it important to conduct an international patent search?
A: Conducting an international patent search ensures that the invention is novel and non-obvious globally and helps in understanding the competitive landscape.
Q: How can patent analytics tools help in managing a large patent portfolio?
A: Patent analytics tools like Claim Coverage Matrix and Claim Charts help in categorizing patents by scope concepts, identifying gaps in coverage, and highlighting future design opportunities.
Sources
- USPTO: "Search for patents - USPTO"
- Google Patents: "US8475841.pdf"
- SLWIP: "Patent Analytics | Intellectual Property Law"
- NCBI: "Delivery system for administration blood-glucose lowering drug"
- Google Patents: "US6361795B1 - Method for lowering blood glucose"
