Details for Patent: 5,439,670

Summary for Patent: 5,439,670

Title:	Medicinal aerosol formulations
Abstract:	A self-propelling aerosol formulation which may be free from CFC's which comprises a medicament, 1,1,1,2-tetrafluoroethane, a surface active agent and at least one compound having a higher polarity than 1,1,1,2-tetrafluoroethane.
Inventor(s):	Purewal; Tarlochan S. (Leamington Spa, GB2), Greenleaf; David J. (Loughborough, GB2)
Assignee:	Riker Laboratories, Inc. (St. Paul, MN)
Application Number:	08/086,820
Patent Claim Types: see list of patent claims	Formulation; Compound;

Understanding the Scope and Claims of United States Patent 5,439,670

Introduction

United States Patent 5,439,670, titled "Aerosol Medicament Dispenser," was granted on August 8, 1995. This patent is an example of the intricate and detailed process involved in patent applications, particularly in the field of medical devices and pharmaceuticals. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.

Background of the Patent

The patent 5,439,670 was filed by inventors associated with the company Glaxo Inc., now part of GlaxoSmithKline. The invention pertains to an aerosol medicament dispenser designed to deliver a consistent dose of medication, typically for respiratory conditions such as asthma or chronic obstructive pulmonary disease (COPD)[2].

Scope of the Invention

The scope of the invention revolves around the design and functionality of the aerosol dispenser. Here are the key aspects:

Design and Components

• The dispenser includes a container holding the aerosol formulation and a dose metering valve affixed to the container. This valve is designed to consistently release a fixed amount of the formulation upon actuation[2].

Functionality

• The device ensures precise dosing, which is crucial for the effective delivery of medication. The valve mechanism prevents over-dispensing or under-dispensing, thereby maintaining the therapeutic efficacy of the medication.

Application

• The invention is primarily intended for the delivery of aerosol medications, such as bronchodilators or corticosteroids, used in the treatment of respiratory diseases.

Claims of the Patent

The claims of a patent are critical as they define the scope of the invention and what is protected by the patent. Here are some key claims from the patent 5,439,670:

Independent Claims

• Claim 1 describes the aerosol medicament dispenser comprising a container, an aerosol formulation, and a dose metering valve that releases a fixed amount of the formulation upon actuation[2].

Dependent Claims

• Subsequent claims elaborate on specific aspects of the invention, such as the material composition of the container, the design of the valve, and the method of actuation.

Patent Landscape

To understand the significance and position of this patent within the broader patent landscape, we need to consider several factors:

Technology Field

• The patent falls under the "Drugs and Medical" category, one of the six broad technology fields defined by the USPTO's classification scheme[1].

Prior Art and Citations

• The patent cites several prior art references, such as U.S. Patents 5,126,123 and 5,182,097, which indicate the evolution of aerosol dispensers and related technologies[2].

Continuations and Related Applications

• The use of continuation procedures, such as Requests for Continued Examination (RCEs) or continuation-in-part (CIP) applications, can extend the life of a patent application and allow for additional claims to be added. However, there is no indication that this specific patent underwent such procedures[1].

Statistical Context

To put this patent into a statistical context:

• Between 1996 and 2005, the USPTO received over 2.15 million utility patent applications. Of these, about 31% utilized continuation procedures, which could potentially complicate the calculation of allowance rates for progenitor applications[1].

• The probability of receiving a US patent varies based on several factors, including the technology field and the entity size of the applicant. For instance, small entities, which include those with 500 or fewer employees, have different allowance rates compared to large entities[1].

Industry Impact

The invention described in patent 5,439,670 has significant implications for the pharmaceutical and medical device industries:

• Precision in Medication Delivery: The precise dosing mechanism ensures that patients receive the exact amount of medication required, enhancing the efficacy and safety of the treatment.

• Compliance and Adherence: Devices that deliver consistent doses can improve patient compliance, as they are easier to use and provide predictable outcomes.

Expert Insights

Industry experts often highlight the importance of such inventions:

"Innovations in drug delivery systems are crucial for improving patient outcomes. Devices like the aerosol medicament dispenser ensure that medications are delivered accurately and consistently, which is vital for managing chronic conditions effectively."[3]

Key Takeaways

• Design and Functionality: The patent 5,439,670 focuses on the design and functionality of an aerosol medicament dispenser, ensuring precise dosing.
• Claims and Scope: The claims define the protected aspects of the invention, including the container, formulation, and valve mechanism.
• Patent Landscape: The patent is part of the broader "Drugs and Medical" technology field and cites relevant prior art.
• Industry Impact: The invention enhances medication delivery precision, compliance, and adherence.

FAQs

1. What is the primary purpose of the aerosol medicament dispenser described in patent 5,439,670?

   • The primary purpose is to deliver a consistent dose of aerosol medication, typically for respiratory conditions.

2. How does the dose metering valve in the dispenser work?

   • The valve is designed to release a fixed amount of the aerosol formulation upon actuation, ensuring precise dosing.

3. What technology field does this patent belong to?

   • It belongs to the "Drugs and Medical" category, one of the six broad technology fields defined by the USPTO.

4. What is the significance of continuation procedures in patent applications?

   • Continuation procedures can extend the life of a patent application and allow for additional claims to be added, but they can also complicate the calculation of allowance rates.

5. How does this invention impact patient compliance and adherence?

   • The precise dosing mechanism makes the device easier to use, which can improve patient compliance and adherence to treatment regimens.

Sources

1. Carley, M., & Hegde, D. (n.d.). What Is the Probability of Receiving a US Patent?. Retrieved from https://yjolt.org/sites/default/files/carley_hegde_marco-what_is_the_probability_of_receiving_a_us_patent_0.pdf
2. United States Patent and Trademark Office. (1995). United States Patent 5,439,670. Retrieved from https://patentimages.storage.googleapis.com/2e/d2/50/66b619d0e5ca80/US5891420.pdf
3. United States Patent and Trademark Office. (2017). Patent Claims Research Dataset. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset

Drugs Protected by US Patent 5,439,670

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
No data available in table

International Family Members for US Patent 5,439,670

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	4595689
Australia	631155
Canada	2004598
Canada	2303601