Analyzing the Scope and Claims of United States Patent 5,434,171
Introduction
Understanding the scope and claims of a patent is crucial for navigating the intellectual property landscape, especially for businesses and inventors. This article will delve into the details of United States Patent 5,434,171, exploring its claims, scope, and the broader patent landscape.
Patent Overview
United States Patent 5,434,171 was issued to Eli Lilly and Company and pertains to a specific invention within the pharmaceutical domain. Here is a brief overview:
Title and Inventors
The patent is titled "Peripherally Selective Piperidine Carboxylate Opioid Antagonists" and was invented by Buddy E. Cantrell and Dennis M. Zimmerman[4].
Issue and Application Dates
The patent was issued on July 18, 1995, with the application filed on July 17, 1992[4].
Claims Analysis
Claim Structure
Patent claims are the heart of any patent, defining the scope of protection. For U.S. Patent 5,434,171, the claims would typically include independent and dependent claims.
- Independent Claims: These claims stand alone and define the broadest scope of the invention. They are crucial for understanding the core of what is patented.
- Dependent Claims: These claims are narrower and depend on the independent claims. They provide additional specificity and often cover variations or specific embodiments of the invention.
Metrics for Measuring Patent Scope
Research suggests that the scope of a patent can be measured using metrics such as independent claim length and independent claim count. These metrics can indicate the breadth and complexity of the patent claims. For example, longer independent claims and a higher number of independent claims might suggest a broader patent scope[3].
Scope of the Invention
Technical Description
The patent describes peripherally selective piperidine carboxylate opioid antagonists, which are compounds designed to counteract the effects of opioids at peripheral sites without affecting the central nervous system. This is significant in medical applications where opioid side effects need to be managed without compromising the therapeutic benefits.
Novelty and Non-Obviousness
The patent must meet the criteria of novelty and non-obviousness. The invention must be new and not obvious to one skilled in the art at the time of the invention. The claims and specification of the patent would detail how the invention meets these requirements.
Patent Landscape
Related Patents and Applications
To understand the broader patent landscape, it is essential to look at related patents and applications. Tools like the USPTO's Patent Public Search and Global Dossier can help identify patent families and related applications filed at participating IP Offices[1].
Citation Data
The Common Citation Document (CCD) application can provide insights into prior art cited by multiple offices for the same invention, helping to visualize the global patent landscape for similar inventions[1].
Patent Maintenance and Assignments
Maintenance Fees
Patent maintenance fees are crucial for keeping the patent in force. For U.S. Patent 5,434,171, the maintenance fees would have been paid at specified intervals to ensure the patent remains valid[4].
Assignments
The patent assignment details show that the patent was assigned to Eli Lilly and Company. This information is critical for understanding the current ownership and any potential licensing or litigation issues[4].
Legal and Regulatory Considerations
Reissue Claims
In the event of reissue claims, the patent must adhere to the "original patent" requirement under 35 U.S.C. § 251. This means that reissue claims must be directed to the invention disclosed in the original patent and cannot introduce new subject matter[2].
Patent Term Extension
Patent term extensions can be applied for under certain conditions, such as delays in the FDA approval process. For pharmaceutical patents like U.S. Patent 5,434,171, this could be relevant if the patent term was extended due to regulatory delays[5].
Industry Impact and Innovation
Pharmaceutical Sector
The invention described in U.S. Patent 5,434,171 has significant implications for the pharmaceutical sector, particularly in the management of opioid side effects. This innovation can drive further research and development in opioid antagonists.
Licensing and Litigation
The scope and claims of the patent can influence licensing agreements and potential litigation. Companies must ensure that their products do not infringe on the claims of U.S. Patent 5,434,171, or they may need to negotiate licensing terms with Eli Lilly and Company.
Key Takeaways
- Patent Claims: Understanding the independent and dependent claims is crucial for determining the scope of protection.
- Patent Scope Metrics: Metrics like independent claim length and count can help analyze the breadth of the patent.
- Related Patents: Using tools like Patent Public Search and Global Dossier to identify related patents and applications.
- Maintenance and Assignments: Ensuring maintenance fees are paid and understanding the current ownership through assignment records.
- Legal Considerations: Adhering to the "original patent" requirement for reissue claims and considering patent term extensions.
FAQs
Q1: What is the main subject of U.S. Patent 5,434,171?
A1: The main subject is peripherally selective piperidine carboxylate opioid antagonists.
Q2: Who are the inventors of U.S. Patent 5,434,171?
A2: The inventors are Buddy E. Cantrell and Dennis M. Zimmerman.
Q3: How can the scope of a patent be measured?
A3: The scope can be measured using metrics such as independent claim length and independent claim count.
Q4: What is the significance of the "original patent" requirement for reissue claims?
A4: The "original patent" requirement ensures that reissue claims must be directed to the invention disclosed in the original patent and cannot introduce new subject matter.
Q5: How can one find related patents and applications for U.S. Patent 5,434,171?
A5: Tools like the USPTO's Patent Public Search and Global Dossier can help identify related patents and applications.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- In Re FLOAT'N'GRILL LLC: https://cafc.uscourts.gov/opinions-orders/22-1438.OPINION.7-12-2023_2156183.pdf
- Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Patent Maintenance Fees (Patent Number: 5250542): https://downloads.regulations.gov/FDA-2009-E-0073-0003/content.pdf
- The Honorable Jon Dudas P.O. Box 1450 Alexandria, VA 22313: https://downloads.regulations.gov/FDA-2009-E-0073-0006/attachment_1.pdf
