Analyzing the Scope and Claims of United States Patent 5,403,858
Introduction
United States Patent 5,403,858, titled "New compositions containing taxane derivatives," is a significant patent in the field of pharmaceuticals, particularly in the development of cancer treatments. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Patent Title and Number:
- Title: New compositions containing taxane derivatives
- Number: 5,403,858
Issuance Date:
- The patent was issued on April 4, 1995[2].
Inventors and Assignees
Inventors:
- The inventors listed on the patent are crucial for understanding the origins and expertise behind the invention.
Assignees:
- The patent is assigned to a specific entity, which could be a company, research institution, or individual. This information is vital for understanding the commercial and legal implications of the patent.
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically describe the novel and non-obvious aspects of the invention.
- Claim 1: This claim usually sets the broadest scope of the invention, defining the core elements of the new compositions containing taxane derivatives. For example, it might describe a solution of a taxane derivative in a surfactant such as polysorbate or polyethylene glycol[2].
Dependent Claims
Dependent claims build upon the independent claims, providing more specific details and limitations. These claims help to narrow down the scope and provide additional protection for specific embodiments of the invention.
- Dependent Claims: These might include specific concentrations of the taxane derivative, types of surfactants, or methods of preparation that are considered novel and non-obvious.
Scope of the Invention
The scope of the invention is defined by the claims and the detailed description provided in the patent specification.
Taxane Derivatives
Taxane derivatives are a class of compounds known for their anti-cancer properties. The patent focuses on new compositions that enhance the solubility and stability of these derivatives, making them more effective for therapeutic use.
Surfactants
The use of surfactants like polysorbate and polyethylene glycol is a key aspect of the invention. These surfactants help in solubilizing the taxane derivatives, which are often poorly soluble in water, thus facilitating their administration and efficacy.
Patent Landscape
Prior Art
Understanding the prior art is crucial for assessing the novelty and non-obviousness of the invention. The patent landscape includes other patents and publications related to taxane derivatives and their formulations.
- Global Dossier: Using tools like the Global Dossier, one can access related applications from participating IP Offices to see the patent family and prior art citations[1].
Related Patents
Other patents in the same field can provide insights into the evolution of taxane derivative formulations and potential competitors or collaborators.
- International Search: Databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can be used to search for related international patents[1].
Economic and Market Impact
The economic and market impact of this patent can be significant, given the importance of taxane derivatives in cancer treatment.
- Market Dominance: Patents like this can give the assignee a competitive edge in the market, allowing them to dominate the sales of these specific formulations.
- Licensing and Collaboration: The patent can also be a valuable asset for licensing or collaboration with other pharmaceutical companies, generating revenue and expanding market reach.
Legal and Regulatory Aspects
Patent Validity
The validity of the patent can be challenged through various legal mechanisms, such as reexamination or litigation.
- Office Actions: Tools like the Patent Examination Data System (PEDS) and the Common Citation Document (CCD) can help in identifying office actions and prior art citations that might affect the patent's validity[1].
Regulatory Approvals
The regulatory approval process for pharmaceuticals is stringent. The patent holder must ensure that their compositions comply with regulatory requirements.
- FDA Approvals: The FDA plays a critical role in approving new drug formulations. The patent holder would need to navigate this regulatory landscape to bring their product to market[4].
Conclusion
United States Patent 5,403,858 represents a significant advancement in the formulation of taxane derivatives for cancer treatment. The scope of the invention, defined by its claims, highlights the innovative use of surfactants to enhance solubility and stability. Understanding the broader patent landscape, economic impact, and legal aspects is crucial for leveraging this patent effectively.
Key Takeaways
- Novel Compositions: The patent introduces new compositions of taxane derivatives using specific surfactants.
- Enhanced Solubility: The use of surfactants like polysorbate and polyethylene glycol improves the solubility of taxane derivatives.
- Market Impact: The patent can provide a competitive edge in the pharmaceutical market.
- Regulatory Compliance: Compliance with FDA and other regulatory bodies is essential for bringing the product to market.
- Legal Considerations: The patent's validity and potential challenges through reexamination or litigation must be considered.
FAQs
Q1: What is the main focus of United States Patent 5,403,858?
- The main focus is on new compositions containing taxane derivatives, specifically using surfactants to enhance their solubility and stability.
Q2: Who are the inventors and assignees of this patent?
- The inventors and assignees are listed in the patent document, but specific names are not provided here.
Q3: How can one search for related patents internationally?
- One can use databases provided by international intellectual property offices such as the EPO, JPO, and WIPO to search for related patents[1].
Q4: What is the significance of surfactants in this patent?
- Surfactants like polysorbate and polyethylene glycol are used to solubilize taxane derivatives, making them more effective for therapeutic use.
Q5: How does this patent impact the market for cancer treatments?
- This patent can give the assignee a competitive edge in the market for cancer treatments, allowing them to dominate sales of these specific formulations.
Sources
- USPTO - Search for patents
- US Patent for New compositions containing taxane derivatives
- Patent Claims Research Dataset - USPTO
- eCopy, Inc. - Regulations.gov
