Analyzing the Scope and Claims of United States Patent 5,529,766
Introduction
United States Patent 5,529,766, titled "Microbubble Contrast Agents," is a significant patent in the field of medical imaging, particularly in ultrasound technology. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Title and Inventors
The patent, "Microbubble Contrast Agents," was granted to Nycomed, a pharmaceutical company. The inventors are not specified in the provided sources, but the patent is associated with Nycomed's research and development in ultrasound contrast agents[5].
Grant Date and Status
The patent was granted on June 25, 1996. As of the current date, the patent has expired, given that U.S. patents typically have a term of 20 years from the filing date.
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.
- Independent Claims: These typically describe the core elements of the invention, such as the composition and structure of the microbubble contrast agents.
- Dependent Claims: These build upon the independent claims by adding specific details, such as the size of the microbubbles, the materials used, and the methods of preparation.
Claim Scope
The claims in this patent would cover various aspects of microbubble contrast agents, including:
- The composition of the microbubbles, such as the type of gas and the shell material.
- The size and distribution of the microbubbles.
- The methods of preparing these agents.
- The use of these agents in medical imaging, particularly in ultrasound.
Scope of the Invention
Technical Field
The invention falls under the technical field of medical imaging, specifically ultrasound imaging. It involves the use of microbubble contrast agents to enhance the visibility of structures within the body during ultrasound examinations.
Novelty and Nonobviousness
To be granted, the patent had to meet the criteria of novelty and nonobviousness. This means that the microbubble contrast agents described in the patent were new and not obvious to those skilled in the art at the time of filing.
Patent Landscape
Related Patents and Applications
The patent landscape in the field of ultrasound contrast agents is complex and involves numerous patents and applications. For instance, other companies like MBI and Mallinckrodt have also been involved in developing similar technologies, leading to patent disputes and counterclaims[5].
Global Dossier and Patent Families
Using tools like the Global Dossier, one can trace the patent family for this invention, including related applications filed at participating IP Offices. This helps in understanding the global reach and protection of the invention[1].
Citation Data
The Common Citation Document (CCD) application can provide insights into the prior art cited by various patent offices for this and related patent applications. This helps in understanding the technological context and the contributions of the invention[1].
Litigation and Enforcement
Patent Disputes
The patent has been involved in litigation, with Nycomed filing counterclaims against MBI and Mallinckrodt for infringement of this patent. Such disputes highlight the importance of patent protection in the competitive field of medical imaging[5].
Economic and Technological Impact
Market Influence
Patents like 5,529,766 play a crucial role in driving innovation and investment in the medical imaging sector. They provide exclusive rights to the inventors, allowing them to recoup their investment in research and development.
Technological Trends
The trend in patenting in the field of medical imaging, particularly in ultrasound technology, has been increasing. This is evident from the data provided by the USPTO, which shows a significant rise in patents related to electrical engineering and information and communication technologies (ICT), which include medical imaging technologies[4].
Conclusion
United States Patent 5,529,766 is a pivotal invention in the field of ultrasound contrast agents. Understanding its scope, claims, and the broader patent landscape is essential for companies and researchers working in this area. The patent's involvement in litigation underscores the importance of intellectual property protection in driving innovation and competition.
Key Takeaways
- Patent Scope: The patent covers microbubble contrast agents used in ultrasound imaging.
- Claims Analysis: Includes independent and dependent claims defining the composition, preparation, and use of these agents.
- Patent Landscape: Part of a complex landscape involving multiple patents and applications in medical imaging.
- Litigation: Involved in patent disputes highlighting the importance of IP protection.
- Economic Impact: Drives innovation and investment in medical imaging technologies.
FAQs
Q1: What is the title of United States Patent 5,529,766?
- The title of the patent is "Microbubble Contrast Agents."
Q2: Who was the patent granted to?
- The patent was granted to Nycomed.
Q3: What is the significance of this patent in medical imaging?
- This patent is significant because it enhances the visibility of structures within the body during ultrasound examinations using microbubble contrast agents.
Q4: How can one find related patents and applications?
- Tools like the Global Dossier and the Common Citation Document (CCD) can be used to find related patents and applications.
Q5: Why is patent protection important in medical imaging?
- Patent protection allows inventors to recoup their investment in research and development, driving innovation and competition in the field.
