United States Patent 5,298,520: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 5,298,520, titled "Triazole containing indole derivatives," is a patent that has significant implications in the field of pharmaceuticals, particularly in the treatment of migraines and other related conditions. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Publication and Status
The patent, US 5,298,520, was published on March 29, 1994, and has since expired. The legal status indicates that the patent is no longer in force, meaning that the exclusive rights granted to the patent holder have lapsed[4].
Inventors and Assignees
While the specific inventors and assignees are not detailed here, it is common for such patents to be assigned to pharmaceutical companies or research institutions that have developed the compounds.
Scope of the Patent
Subject Matter
The patent pertains to triazole containing indole derivatives, which are chemical compounds with potential therapeutic applications. Specifically, these compounds are described as having antipsychotic and anti-migraine properties[4].
Claims
The patent includes multiple claims that define the scope of the invention. These claims typically cover the chemical structures of the compounds, methods of preparation, and their use in treating specific diseases. For example:
- Chemical Compounds: The patent claims various triazole containing indole derivatives, including their salts and other chemical forms.
- Methods of Preparation: The claims include detailed methods for synthesizing these compounds.
- Therapeutic Uses: The patent specifies the use of these compounds in treating migraines and other related conditions[4].
Claim Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims stand alone and define the invention broadly, while dependent claims build upon the independent claims and provide more specific details.
Claim Scope and Breadth
The scope of the claims is crucial in determining the patent's coverage. For US 5,298,520, the claims are broad enough to cover a range of triazole containing indole derivatives but specific enough to ensure that the invention is clearly defined and distinguishable from prior art.
Patent Landscape
Prior Art and Novelty
The patent landscape for US 5,298,520 involves an analysis of prior art to ensure that the claimed invention is novel and non-obvious. The patent cites various prior art keywords, such as indoles, triazoles, and methods of preparation, indicating that the inventors have built upon existing knowledge in the field[4].
Related Patents and Applications
The patent is part of a larger family of patents related to indole derivatives and their therapeutic applications. Tools like the USPTO's Patent Public Search and Global Dossier can be used to identify related patents and applications, providing a comprehensive view of the patent landscape[1].
Legal and Regulatory Aspects
Patent Term and Expiration
The patent term for US 5,298,520 has expired, which means that the exclusive rights to make, use, and sell the invention are no longer in force. This allows other entities to use the disclosed information without infringing on the original patent[4].
Reissue and Continuation Applications
In cases where a patent holder seeks to modify the scope of their claims after the patent has been granted, they may file reissue or continuation applications. However, these applications are subject to strict statutory limitations, such as the "original patent" requirement under 35 U.S.C. § 251, which ensures that the reissue claims are directed to the invention disclosed in the original patent[2].
Economic and Market Impact
Pharmaceutical Market
The expiration of US 5,298,520 allows generic versions of the drug to enter the market, potentially reducing costs and increasing accessibility for patients. This can significantly impact the pharmaceutical market, especially for drugs like Maxalt, which is mentioned in related documents as a human drug product claiming similar compounds[5].
Research and Development
The disclosure of the patent's details can also stimulate further research and development in the field of indole derivatives. Researchers can build upon the existing knowledge to develop new compounds or improve existing ones, contributing to the advancement of therapeutic treatments.
Conclusion
United States Patent 5,298,520 is a significant patent in the pharmaceutical sector, particularly for the treatment of migraines and related conditions. Understanding the scope, claims, and patent landscape of this patent is crucial for both legal and strategic purposes.
Key Takeaways
- Patent Scope: The patent covers triazole containing indole derivatives, including their chemical structures, methods of preparation, and therapeutic uses.
- Claims Analysis: The patent includes independent and dependent claims that define the invention broadly and specifically.
- Patent Landscape: The patent is part of a larger family of patents related to indole derivatives and is subject to prior art and novelty requirements.
- Legal and Regulatory Aspects: The patent term has expired, allowing for generic versions and further research.
- Economic and Market Impact: The expiration affects the pharmaceutical market by allowing generic versions and stimulating further research.
FAQs
What is the main subject matter of US Patent 5,298,520?
The main subject matter of US Patent 5,298,520 is triazole containing indole derivatives, which are chemical compounds with potential therapeutic applications.
What are the therapeutic uses of the compounds described in the patent?
The compounds are described as having antipsychotic and anti-migraine properties.
Is the patent still in force?
No, the patent has expired, meaning the exclusive rights to make, use, and sell the invention are no longer in force.
How can one find related patents and applications?
Tools like the USPTO's Patent Public Search and Global Dossier can be used to identify related patents and applications.
What impact does the expiration of the patent have on the pharmaceutical market?
The expiration allows generic versions of the drug to enter the market, potentially reducing costs and increasing accessibility for patients.
Can the patent holder modify the scope of their claims after the patent has been granted?
Yes, but any modifications are subject to strict statutory limitations, such as the "original patent" requirement under 35 U.S.C. § 251[2].
Sources
- USPTO - Search for Patents: https://www.uspto.gov/patents/search
- Court of Appeals for the Federal Circuit - In Re FLOAT'N'GRILL LLC: https://cafc.uscourts.gov/opinions-orders/22-1438.OPINION.7-12-2023_2156183.pdf
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US5298520A: https://patents.google.com/patent/US5298520A/es
- USPTO - Patent Term Extension Application: https://www.uspto.gov/web/offices/com/sol/foia/tac/pte/5298520.pdf
