Analyzing the Scope and Claims of United States Patent 5,498,598
Introduction
United States Patent 5,498,598, titled "Composition for nasal administration of desmopressin," is a patent that has significant implications in the field of pharmaceuticals, particularly in the delivery of desmopressin, a synthetic analog of vasopressin. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication and Priority Dates
The patent was published on March 12, 1996, with a priority date of June 29, 1993. This indicates that the invention was first disclosed in a provisional or earlier application filed in 1993[4].
Inventors and Assignees
While the specific inventors are not mentioned in the provided sources, the assignee information is crucial for understanding the ownership and potential licensing of the patent. The patent is assigned to the entity that filed the application, which could be a pharmaceutical company or a research institution.
Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations.
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Independent Claims: These typically describe the core elements of the invention. For US Patent 5,498,598, an independent claim might read: "An aqueous composition for nasal administration of desmopressin, wherein the composition contains between 2.5 and 7.5 μg of desmopressin per 100 μl of the composition"[4].
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Dependent Claims: These build upon the independent claims by adding specific details or limitations. For example, a dependent claim might specify the pH range of the aqueous composition or the presence of particular excipients.
Claim Scope and Interpretation
The scope of the claims is critical in determining what is protected by the patent. The claims must be clear and definite to avoid ambiguity. In this case, the claims are focused on the specific concentration of desmopressin in an aqueous composition for nasal administration, which sets a clear boundary for what is considered within the scope of the invention.
Prior Art and Related Patents
Prior Art Keywords
The patent lists several prior art keywords, including "desmopressin," "composition," "aqueous," and "nasal administration." These keywords indicate the areas where the invention improves upon existing technologies[4].
Related Parent Applications and Publications
The patent has related parent applications and publications, such as US8489493A, which is a continuation of the original application. These related applications and publications provide a broader context of the invention's development and any additional claims or improvements made over time[4].
International Patent Landscape
The patent has international counterparts, such as EP0708657B1 in Europe, JPH09502425A in Japan, and others. This indicates that the invention is protected in multiple jurisdictions, which is crucial for global market protection[4].
Patent Life Cycle and Status
Legal Status
As of the current date, the patent has expired, as indicated by its "Lifetime" status. This means that the exclusive rights granted by the patent have lapsed, and the invention is now in the public domain[4].
Economic and Practical Implications
Market Impact
The expiration of the patent allows other companies to manufacture and market similar compositions for nasal administration of desmopressin, potentially increasing competition and reducing costs for consumers.
Research and Development
The availability of this patent in the public domain can also facilitate further research and development in related areas. Researchers can build upon the disclosed invention without needing to obtain a license, which can accelerate innovation in pharmaceutical delivery systems.
Key Takeaways
- Patent Scope: The patent protects a specific aqueous composition for nasal administration of desmopressin with a defined concentration range.
- Claims Analysis: Independent and dependent claims define the invention's scope, with a focus on the composition's characteristics.
- Prior Art and Related Patents: The patent improves upon existing technologies and has related international counterparts.
- Patent Life Cycle: The patent has expired, making the invention public domain.
- Economic and Practical Implications: Expiration allows for increased competition and facilitates further research.
FAQs
Q: What is the main subject of United States Patent 5,498,598?
A: The main subject is an aqueous composition for the nasal administration of desmopressin.
Q: What is the significance of the priority date in patent applications?
A: The priority date is the earliest date from which the patent application can claim priority, often the date of a provisional application or an earlier related application.
Q: How do independent and dependent claims differ in a patent?
A: Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations.
Q: What happens when a patent expires?
A: When a patent expires, the exclusive rights granted by the patent lapse, and the invention enters the public domain, allowing others to use, manufacture, and sell the invention without needing a license.
Q: How can expired patents benefit research and development?
A: Expired patents make the disclosed inventions publicly available, allowing researchers to build upon them without needing licenses, which can accelerate innovation.
Sources
- USPTO - Search for patents.
- ACUS - U.S. Patent Small Claims Court.
- USPTO - Patent Claims Research Dataset.
- Google Patents - Composition for nasal administration of desmopressin.
