Details for Patent: 5,459,163

Summary for Patent: 5,459,163

Title:	Medicament to combat autoimmune diseases
Abstract:	A pharmaceutical composition for use in the treatment of chronic Graft-versus-host diseases as well as autoimmune diseases, in particular for the treatment of systemic lupus erythematosus containing as an active ingredient at least one compound of the formulae 1 or 2 ##STR1## the latter being present per se or in the form of a physiologically tolerable salt. The invention also relates to a dosage unit form of said pharmaceutical composition and a method of treating chronic Graft-versus host diseases as well as autoimmune diseases, in particular systemic lupus erythematosus.
Inventor(s):	Bartlett; Robert R. (Darmstadt, DE), Schleyerbach; Rudolph (Hofheim am Taunus, DE), Kammerer; Friedrich-Johannes (Hochheim am Main, DE)
Assignee:	Hoechst Aktiengesellschaft (Frankfurt, DE)
Application Number:	08/119,840
Patent Claim Types: see list of patent claims	Composition; Compound;

Analyzing the Scope and Claims of United States Patent 5,459,163

Introduction

United States Patent 5,459,163, titled "Medicament to combat autoimmune diseases," is a significant patent in the pharmaceutical sector, particularly in the treatment of autoimmune and chronic graft-versus-host diseases. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.

Patent Overview

Patent Title and Number

• Title: Medicament to combat autoimmune diseases
• Patent Number: US 5,459,163

Inventors and Assignees The patent was granted to specific inventors and assigned to a particular entity, although the specific names are not provided in the search results. Typically, this information can be found in the patent document itself.

Filing and Grant Dates

• The filing date and grant date are crucial for understanding the timeline of the patent. These dates can be found in the patent document and are essential for determining the patent's validity period and any potential continuations or related applications.

Scope of the Invention

The patent describes a pharmaceutical composition designed for the treatment of chronic graft-versus-host diseases and autoimmune diseases. Here are some key aspects of the scope:

Therapeutic Use

• The medicament is specifically formulated to combat autoimmune diseases, which are conditions where the body's immune system mistakenly attacks its own tissues.
• It is also intended for the treatment of chronic graft-versus-host disease, a complication that can occur after a stem cell or bone marrow transplant[5].

Composition

• The patent details the specific components of the pharmaceutical composition, including any active ingredients, excipients, and the formulation process.
• Understanding the composition is vital for replicating the invention and for any potential improvements or variations.

Claims Analysis

The claims section of a patent is critical as it defines the legal boundaries of the invention.

Independent and Dependent Claims

• Independent Claims: These claims stand alone and define the broadest scope of the invention. For US 5,459,163, the independent claims would outline the core components and uses of the medicament.
• Dependent Claims: These claims are narrower and depend on the independent claims. They often specify additional features or limitations that further define the invention.

Claim Scope and Breadth

• The scope of the claims determines what is protected by the patent. For a pharmaceutical patent, this could include the specific chemical structure of the active ingredient, the method of administration, and any particular formulations.
• The breadth of the claims is crucial for understanding what variations of the invention are covered and what might be considered infringement.

Patent Landscape

Understanding the broader patent landscape helps in assessing the competitive environment and potential opportunities or challenges.

Related Patents and Applications

• Using tools like the USPTO's Patent Public Search or Global Dossier, one can identify related patents and applications within the same technology field. This includes continuations, continuations-in-part, and divisional applications that may have arisen from the same progenitor application[1][4].

Technology Field Classification

• The USPTO classifies patents into specific technology fields. For pharmaceuticals, this would typically fall under the "Drugs and Medical" category. Understanding the classification helps in identifying similar inventions and trends within the field[1].

Patent Allowance Rates

• The probability of receiving a patent in the pharmaceutical sector can be influenced by various factors, including the technology field and the complexity of the examination process. Studies have shown that allowance rates can vary significantly over time and across different technology fields[1].

Legal and Regulatory Considerations

Patent Term and Exclusivity

• The patent term for US 5,459,163 would typically be 20 years from the filing date of the earliest non-provisional application to which the patent is entitled. However, exclusivity periods for pharmaceuticals can be extended through various mechanisms such as Hatch-Waxman exclusivities[5].

Litigation and Enforcement

• The patent's validity and enforcement can be subject to legal challenges. A small claims patent court, as proposed by some studies, could potentially streamline the process for resolving patent disputes, especially for smaller entities[2].

Economic Impact

Market Dominance

• Holding a patent like US 5,459,163 can provide significant market dominance, especially if the invention addresses a critical need in the treatment of autoimmune diseases.
• The economic impact can be substantial, considering the potential for exclusive rights to manufacture, use, and sell the medicament.

Research and Development

• The patent can also influence research and development in the field by setting a benchmark for future innovations. It may encourage further research into related therapeutic areas or improvements to the existing composition.

Key Takeaways

• Scope and Claims: The patent's scope and claims are critical for understanding what is protected and how the invention can be used.
• Patent Landscape: Analyzing related patents and applications helps in understanding the competitive environment and potential opportunities.
• Legal and Regulatory Considerations: Understanding the patent term, exclusivity, and potential legal challenges is essential for strategic planning.
• Economic Impact: The patent can have a significant economic impact by providing market dominance and influencing future research and development.

FAQs

1. What is the primary use of the medicament described in US 5,459,163?

   • The primary use is for the treatment of chronic graft-versus-host diseases and autoimmune diseases.

2. How can one identify related patents and applications?

   • Using tools like the USPTO's Patent Public Search or Global Dossier to search for patents within the same technology field.

3. What determines the scope of a patent's claims?

   • The scope of the claims is determined by the independent and dependent claims, which define the legal boundaries of the invention.

4. How long is the typical patent term for a pharmaceutical invention?

   • The typical patent term is 20 years from the filing date of the earliest non-provisional application.

5. What is the potential economic impact of holding a patent like US 5,459,163?

   • Holding such a patent can provide significant market dominance and influence future research and development in the field.

Sources

1. Hegde, D., & Marco, A. (n.d.). What Is the Probability of Receiving a US Patent?. The Yale Journal of Law & Technology.
2. Administrative Conference of the United States. (n.d.). U.S. Patent Small Claims Court. ACUS.
3. United States Patent and Trademark Office. (n.d.). Patent Claims Research Dataset. USPTO.
4. United States Patent and Trademark Office. (n.d.). Search for patents. USPTO.
5. United States Patent and Trademark Office. (n.d.). US5459163A - Medicament to combat autoimmune diseases. Google Patents.

Drugs Protected by US Patent 5,459,163

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

Foreign Priority and PCT Information for Patent: 5,459,163

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
Germany	35 34 440.7	Sep 27, 1985

International Family Members for US Patent 5,459,163

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Austria	122033
Austria	96669
Australia	588629
Australia	6316786