Analyzing the Scope and Claims of United States Patent 5,269,321: A Detailed Examination
Introduction
United States Patent 5,269,321, titled "Retrievable pessary," is an invention related to a medical device designed for intravaginal or intrarectal use. This patent, granted to its inventors, provides a unique solution in the field of medical devices. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent in question, US 5,269,321, was granted for a retrievable pessary, a device that contains a pharmaceutically active ingredient enclosed in a net pouch. This device is designed for use in either intravaginal or intrarectal applications, aiming to deliver medication directly to the targeted area.
Scope of the Patent
Purpose and Functionality
The retrievable pessary is designed to deliver a pharmaceutically active ingredient in a controlled manner. The device consists of a solid body containing the active ingredient and a net pouch that encloses this body. This design allows for the easy retrieval of the device after use, which is a significant improvement over previous designs that were more difficult to remove[5].
Targeted Applications
The patent specifies that the device is intended for intravaginal or intrarectal use. This dual functionality makes the device versatile and applicable to various medical conditions requiring localized drug delivery.
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically describe the essential features of the retrievable pessary, such as:
- A solid body comprising a pharmaceutically active ingredient.
- A net pouch that encloses the solid body.
- The design allowing for easy retrieval of the device after use[5].
Dependent Claims
Dependent claims further elaborate on the independent claims by adding additional features or specifications. For example, these might include the material composition of the net pouch, the shape and size of the solid body, or specific methods of use.
Patent Landscape
Technology Field
The retrievable pessary falls under the broader category of medical devices, specifically within the "Drugs and Medical Instruments" field. This field has seen significant innovation and patent activity over the years, with a notable decline in allowance rates for patent applications, particularly from 1996 to 2005[1].
Competing Patents and Innovations
The medical device sector is highly competitive, with numerous patents and innovations emerging regularly. For instance, other patents related to intravaginal or intrarectal devices might offer similar or alternative solutions, such as different materials, delivery mechanisms, or designs. The Global Dossier service provided by the USPTO can help in identifying related applications and patents filed at participating IP offices, providing a comprehensive view of the patent family and prior art[4].
Trends in Patent Allowance Rates
Historical data from the USPTO indicates that the allowance rate for patent applications in the "Drugs and Medical Instruments" field has decreased over time. This trend suggests that the examination process has become more stringent, potentially affecting the likelihood of new patents being granted in this field[1].
Search and Analysis Tools
USPTO Resources
To conduct a thorough analysis of the patent landscape, several tools are available from the USPTO:
- Patent Public Search: This tool provides enhanced access to prior art and allows users to search through existing patents and published patent applications[4].
- Global Dossier: This service offers access to the file histories of related applications from participating IP offices, helping to identify prior art and related patents[4].
- Patent Examination Data System (PEDS): This system allows users to search, view, and download bibliographic data for publicly available patent applications, which can be useful in analyzing the prosecution history of related patents[4].
Economic and Legal Implications
Market Impact
The retrievable pessary, as described in US 5,269,321, could have significant market implications due to its innovative design and functionality. It may offer a competitive advantage over existing products, potentially leading to increased market share and revenue.
Legal Considerations
The patent's claims and scope are crucial in determining its legal standing. Any infringement or challenges to the patent would need to be evaluated against the specific claims and the broader patent landscape. The USPTO's economic research datasets, such as the Patent Claims Research Dataset, can provide insights into the scope and impact of patent claims[3].
Key Takeaways
- Innovative Design: The retrievable pessary offers a unique solution for localized drug delivery with its easy retrieval feature.
- Competitive Field: The medical device sector, particularly the "Drugs and Medical Instruments" field, is highly competitive with stringent patent examination processes.
- Tools for Analysis: The USPTO provides several tools, such as Patent Public Search and Global Dossier, to analyze the patent landscape and prior art.
- Market and Legal Implications: The patent could have significant market impact and must be carefully evaluated for legal considerations.
FAQs
Q: What is the main innovation of the retrievable pessary described in US 5,269,321?
A: The main innovation is the design that allows for easy retrieval of the device after use, which is a significant improvement over previous designs.
Q: In which field does the retrievable pessary fall, and how has the patent allowance rate changed in this field?
A: The retrievable pessary falls under the "Drugs and Medical Instruments" field. The allowance rate for patent applications in this field has decreased substantially over time, particularly from 1996 to 2005[1].
Q: What tools can be used to analyze the patent landscape for medical devices?
A: Tools such as the USPTO's Patent Public Search, Global Dossier, and Patent Examination Data System (PEDS) can be used to analyze the patent landscape and prior art[4].
Q: How does the retrievable pessary impact the market?
A: The retrievable pessary could offer a competitive advantage over existing products, potentially leading to increased market share and revenue due to its innovative design and functionality.
Q: What are the legal considerations for the retrievable pessary patent?
A: The patent's claims and scope are crucial in determining its legal standing. Any infringement or challenges to the patent would need to be evaluated against the specific claims and the broader patent landscape.
Sources
- Carley, M., Hegde, D., & Marco, A. (2015). What Is the Probability of Receiving a US Patent? Yale Journal of Law & Technology, 17, 203.
- U.S. Patent and Trademark Office (USPTO). (n.d.). U.S. Patent and Trademark Office (USPTO) | USAGov.
- U.S. Patent and Trademark Office (USPTO). (2017). Patent Claims Research Dataset.
- U.S. Patent and Trademark Office (USPTO). (2018). Search for patents - USPTO.
- PubChem. (n.d.). Retrievable pessary - Patent US-5269321-A - PubChem.
