Understanding the Scope and Claims of United States Patent 5,270,305
Introduction
United States Patent 5,270,305, granted on December 14, 1993, is a significant patent in the field of pharmaceuticals, particularly focusing on inhalation therapies. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Title and Inventors:
The patent titled "Method of treating respiratory disorders" was invented by Robert W. Fuller and others, and assigned to Glaxo Inc.
Background:
The patent addresses the need for effective treatments for respiratory disorders such as asthma and chronic obstructive pulmonary disease (COPD). It introduces a method of treating these conditions using a combination of a β2 receptor agonist and a corticosteroid, administered via inhalation.
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. Here are some key claims:
- Claim 1: This claim describes the method of treating respiratory disorders by administering a combination of a β2 receptor agonist and a corticosteroid through inhalation.
- Claim 5: This claim specifies the use of particular β2 receptor agonists, such as salbutamol or terbutaline, in combination with corticosteroids like beclomethasone or fluticasone.
Dependent Claims
Dependent claims further detail the specifics of the method, including:
- Claim 2: This claim elaborates on the dosage forms of the combination, such as aerosols or powders.
- Claim 3: This claim specifies the devices used for inhalation, including metered dose inhalers (MDIs) and dry powder inhalers (DPIs).
Scope of the Invention
The scope of the invention is broad yet specific, covering the following aspects:
Therapeutic Use
The patent covers the therapeutic use of a combination of a β2 receptor agonist and a corticosteroid for treating respiratory disorders. This combination is designed to provide both immediate relief from symptoms (via the β2 agonist) and long-term control of inflammation (via the corticosteroid)[5].
Administration Method
The method of administration is a critical aspect of the invention. The combination is administered through inhalation, which allows for direct delivery of the medication to the lungs, enhancing efficacy and reducing systemic side effects.
Specific Compounds
The patent specifies certain β2 receptor agonists and corticosteroids that can be used in the combination. This specificity helps in ensuring that the claimed method is not overly broad and is grounded in practical applications.
Patent Landscape
Prior Art and Related Patents
The patent landscape surrounding U.S. Patent 5,270,305 includes several related patents that either predate or follow this invention. For example:
- U.S. Patents No. 5,658,549 and No. 5,674,472: These patents also relate to inhalation compositions and methods, often citing the use of similar compounds and delivery systems[5].
Impact on Subsequent Inventions
This patent has influenced subsequent inventions in the field of inhalation therapies. For instance, later patents have built upon the concept of combining different classes of drugs for enhanced therapeutic effects. The use of specific delivery devices and formulations has also been refined based on the principles outlined in this patent.
Legal and Regulatory Context
Patent Eligibility
The patent's eligibility under U.S. patent law is crucial. Given the nature of the invention, it would likely pass the tests for patent eligibility, as it involves a practical application of known compounds in a specific and innovative way. The Supreme Court's "Alice" test, which distinguishes between abstract ideas and practical applications, would likely find this patent to be eligible as it integrates the use of specific compounds into a practical therapeutic method[2][4].
Economic and Market Impact
The economic and market impact of this patent has been significant. The combination therapy described has become a standard treatment for respiratory disorders, contributing to the development of various inhalation products by pharmaceutical companies. This has led to improved patient outcomes and a substantial market presence for these types of treatments.
Key Takeaways
- Therapeutic Innovation: The patent introduced a novel combination therapy for respiratory disorders.
- Specific Claims: The claims are detailed and specific, covering both the compounds and the method of administration.
- Patent Landscape: The patent is part of a broader landscape of inhalation therapies, influencing subsequent inventions.
- Legal Context: The patent would likely be considered eligible under current U.S. patent law.
- Market Impact: The invention has had a significant impact on the treatment of respiratory disorders and the pharmaceutical market.
FAQs
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What is the main focus of U.S. Patent 5,270,305?
The main focus is on a method of treating respiratory disorders using a combination of a β2 receptor agonist and a corticosteroid administered via inhalation.
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What are the key compounds mentioned in the patent?
The patent specifies β2 receptor agonists like salbutamol or terbutaline and corticosteroids like beclomethasone or fluticasone.
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How does the patent impact subsequent inventions in inhalation therapies?
It sets a precedent for combining different classes of drugs for enhanced therapeutic effects and influences the development of specific delivery devices and formulations.
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Is the patent eligible under current U.S. patent law?
Yes, it would likely be considered eligible as it involves a practical application of known compounds in a specific and innovative way.
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What is the economic and market impact of this patent?
The patent has contributed significantly to the development of inhalation products, improving patient outcomes and establishing a substantial market presence for these treatments.
Sources:
- U.S. Patent 5,270,305 - Method of treating respiratory disorders.
- CAFC Opinion - Contour IP Holding LLC v. GoPro, Inc.[2].
- USPTO Patent Claims Research Dataset - Detailed information on claims from U.S. patents[3].
- USPTO Guidance Update on AI Patent - Implications for innovators and patent practitioners[4].
- Google Patents - Compound composition for inhalation[5].
