Analyzing the Scope and Claims of United States Patent 5,461,081
Introduction
United States Patent 5,461,081, titled "Topical ophthalmic pharmaceutical vehicles," was granted on October 24, 1995. This patent pertains to universal ophthalmic pharmaceutical vehicles that increase in viscosity upon instillation in the eye. Here’s a detailed analysis of the scope, claims, and the patent landscape surrounding this invention.
Patent Overview
Publication Number and Dates
- Publication Number: US5461081A
- Priority Date: September 28, 1989
- Filing Date: January 7, 1994
- Publication Date: October 24, 1995[4].
Claim Scope
Importance of Claim Scope
The claim scope in a patent application is crucial as it defines the boundaries of the invention and the protection it offers. A well-crafted claim scope must balance breadth and specificity to ensure the patent is both enforceable and defensible[5].
Claims in US5461081A
The patent includes multiple claims that describe the composition and properties of the ophthalmic pharmaceutical vehicles. Here are some key aspects of the claims:
- Claim 1: Describes the ophthalmic pharmaceutical vehicle comprising a polymer, an electrolyte, and a solvent, where the vehicle increases in viscosity upon instillation in the eye[4].
- Subsequent Claims: These claims further specify the types of polymers, electrolytes, and solvents used, as well as the conditions under which the viscosity increase occurs.
Claim Analysis
Broad vs. Specific Claims
While broader claims might seem desirable for broader protection, they are more challenging to get granted and easier to invalidate. The claims in US5461081A are specific enough to be anchored to the embodiments disclosed in the specification but broad enough to cover various compositions and applications[5].
Claim Validity
The validity of the claims can be assessed by ensuring they meet the written description requirement and do not fall under the abstract idea exception. The claims in this patent are tied to specific embodiments and do not appear to be overly broad, reducing the risk of invalidation.
Patent Landscape
Prior Art and Related Patents
The patent landscape for ophthalmic pharmaceutical vehicles is rich with prior art and related patents. Here are a few notable examples:
- Priority Applications: The patent has several priority applications, including US41455089A and US91311092A, which indicate a long development process and multiple iterations of the invention[4].
- Related Parent Applications: The continuation-in-part application US10974893A suggests that the inventors refined their invention over time, incorporating new findings and improvements[4].
International and National Databases
To fully understand the patent landscape, one must also search international and national databases. For instance, the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO) provide access to similar patents and applications that could impact the validity and enforceability of US5461081A[1].
Global Dossier and Common Citation Document
Using tools like the Global Dossier and the Common Citation Document (CCD) can help in understanding the global patent family and prior art citations related to this patent. These tools consolidate information from multiple IP offices, providing a comprehensive view of the patent's status and related applications[1].
Patent Assignment and Ownership
The Patent Assignment Search website can be used to track changes in ownership of the patent. This is crucial for understanding the current legal status and any potential licensing or litigation issues[1].
Practical Applications and Market Impact
Pharmaceutical Industry
The invention described in US5461081A has significant implications for the pharmaceutical industry, particularly in the development of ophthalmic medications. The ability of the vehicle to increase in viscosity upon instillation enhances the retention time of the medication in the eye, potentially improving efficacy.
Competitive Landscape
Companies like Allergan and Alcon Laboratories have developed similar ophthalmic compositions, as seen in related patents such as US5882687A and US6174524B1. This indicates a competitive market where patent protection is vital for maintaining a market edge[4].
Claim Coverage Matrix and Scope Concepts
To manage and analyze the claims of US5461081A effectively, a Claim Coverage Matrix can be used. This matrix categorizes claims by scope concepts, helping to identify gaps in coverage and potential future design opportunities. This approach ensures that the patent claims are aligned with the company's current and future technological directions[3].
Conclusion
The scope and claims of United States Patent 5,461,081 are carefully crafted to provide specific yet broad protection for ophthalmic pharmaceutical vehicles. Understanding the patent landscape, including prior art, related patents, and global dossier information, is essential for maintaining and enforcing this patent. Effective management of the claims through tools like the Claim Coverage Matrix ensures that the patent remains a valuable asset in the competitive pharmaceutical industry.
Key Takeaways
- Specific yet Broad Claims: The claims in US5461081A balance specificity and breadth to ensure enforceable and defensible protection.
- Patent Landscape: The patent is part of a rich landscape with multiple related patents and prior art, necessitating thorough searches in national and international databases.
- Global Dossier and CCD: These tools are essential for understanding the global patent family and prior art citations.
- Practical Applications: The invention has significant implications for the pharmaceutical industry, particularly in ophthalmic medication development.
- Competitive Edge: Effective patent management and analysis are crucial for maintaining a competitive edge in the market.
FAQs
Q1: What is the main invention described in US5461081A?
A1: The main invention is a universal ophthalmic pharmaceutical vehicle that increases in viscosity upon instillation in the eye.
Q2: Why is the claim scope important in a patent application?
A2: The claim scope defines the boundaries of the invention and the protection it offers. It must balance breadth and specificity to ensure the patent is enforceable and defensible.
Q3: How can one analyze the patent landscape for US5461081A?
A3: One can use tools like the Global Dossier, Common Citation Document, and search international and national databases such as the EPO and WIPO.
Q4: What is the significance of the Claim Coverage Matrix in patent management?
A4: The Claim Coverage Matrix helps categorize claims by scope concepts, identifying gaps in coverage and potential future design opportunities.
Q5: How does the patent impact the pharmaceutical industry?
A5: The invention enhances the retention time of ophthalmic medications in the eye, potentially improving efficacy, and is a valuable asset in the competitive pharmaceutical industry.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Unified Patents - US-9707173-B2: https://portal.unifiedpatents.com/patents/patent/US-9707173-B2
- SLWIP - Patent Analytics: https://www.slwip.com/services/patent-analytics/
- Google Patents - US5461081A: https://patents.google.com/patent/US5461081A/en
- Rimon Law - The Importance of Getting the Claim Scope Right: https://www.rimonlaw.com/the-importance-of-getting-the-claim-scope-right-in-a-us-patent-application-i/
