United States Patent 5,573,751: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 5,573,751, issued on November 12, 1996, is a significant patent in the field of ultrasound contrast agents. This patent, held by Sonus Pharmaceuticals (now part of Onyx Pharmaceuticals), is crucial for understanding the technological and legal landscape surrounding ultrasound contrast agents.
Background
The patent in question pertains to the development of microbubble contrast agents used in ultrasound imaging. These agents enhance the visibility of structures within the body, particularly in echocardiography and other medical imaging procedures.
Scope of the Patent
Invention Overview
The patent describes compositions and methods for preparing microbubble contrast agents. These agents are characterized by microbubbles that contain gas, typically fluorinated hydrocarbons, encapsulated within a protein shell. The microbubbles are designed to produce non-linear scattering when exposed to ultrasound waves, enhancing the contrast in ultrasound images[2][4].
Key Claims
- The patent claims cover the preparation and use of microbubbles with specific size distributions and gas compositions.
- It includes claims for the use of proteins such as albumin as encapsulation materials.
- The patent also covers the method of administering these contrast agents to enhance ultrasound imaging[2].
Claims and Specifications
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically describe the composition of the microbubble contrast agent, including the type of gas and protein used, and the method of preparation.
Dependent Claims
Dependent claims further specify the details of the independent claims, such as the size distribution of the microbubbles, the concentration of the gas, and the specific proteins used for encapsulation.
Patent Landscape
Competing Patents
The patent landscape in this field is complex, with multiple companies and patents involved. For instance, Nycomed's U.S. patent 5,529,766, which covers similar technology, was a subject of litigation. Nycomed claimed that its patent had priority over Sonus' patent, while Sonus argued that prior art rendered Nycomed's patent unenforceable[2].
Litigation and Disputes
The patent was part of a significant legal battle involving Nycomed, MBI, and Mallinckrodt. These companies were engaged in a dispute over the regulation and patent rights of ultrasound contrast agents. The litigation highlighted the competitive nature of the field and the importance of patent protection in medical technology[2].
Global Patent Family
International Filings
The patent is part of a global patent family, with filings in multiple jurisdictions. This is common in the pharmaceutical and medical device industries, where global protection is crucial for market dominance.
Patent Cooperation Treaty (PCT)
Similar patents, such as the Canadian patent 2554239, were filed under the Patent Cooperation Treaty (PCT), allowing for coordinated international patent applications. This strategy helps in securing broad protection across different countries[4].
Economic and Market Impact
Market Competition
The patent battles in this field have significant implications for market competition. The approval and launch of ultrasound contrast agents can be delayed or impeded by patent disputes, affecting the availability of these critical medical tools[2].
Innovation and Research
Patents like U.S. 5,573,751 drive innovation by protecting the intellectual property of companies, allowing them to invest in research and development. The detailed claims and specifications in these patents also serve as a roadmap for future research and development in the field.
Search and Analysis Tools
USPTO Resources
For analyzing patents like U.S. 5,573,751, the United States Patent and Trademark Office (USPTO) provides several tools. The Patent Public Search tool and the Global Dossier service are particularly useful for understanding the patent family and prior art[1].
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset can also be used to analyze the scope and claims of patents. This dataset provides detailed information on claims from U.S. patents and applications, helping in understanding the patent landscape and trends[3].
Key Takeaways
- Patent Scope: U.S. Patent 5,573,751 covers microbubble contrast agents with specific gas and protein compositions.
- Claims and Specifications: The patent includes independent and dependent claims that define the preparation and use of these agents.
- Patent Landscape: The field is highly competitive, with multiple patents and litigation involving companies like Nycomed, MBI, and Sonus.
- Global Protection: The patent is part of a global family, with filings under the PCT.
- Market Impact: Patent disputes can affect the market launch of medical products, highlighting the importance of patent protection.
FAQs
What is the main subject of U.S. Patent 5,573,751?
The main subject of U.S. Patent 5,573,751 is the development and use of microbubble contrast agents for ultrasound imaging.
Which companies were involved in the litigation related to this patent?
The litigation involved Nycomed, MBI, Mallinckrodt, and Sonus Pharmaceuticals.
What is the significance of the Patent Cooperation Treaty (PCT) in this context?
The PCT allows for coordinated international patent applications, enabling companies to secure broad protection across different countries.
How can one analyze the scope and claims of U.S. Patent 5,573,751?
One can use tools like the USPTO's Patent Public Search and the Patent Claims Research Dataset to analyze the scope and claims of this patent.
What is the economic impact of patent disputes in the field of ultrasound contrast agents?
Patent disputes can delay or impede the market launch of these critical medical tools, affecting their availability and the competitive landscape in the industry.
Sources
- USPTO: "Search for patents - USPTO"
- Diagnostic Imaging: "Nycomed files ultrasound patent claims against MBI, Mallinckrodt ..."
- USPTO: "Patent Claims Research Dataset"
- Canadian Patents Database: "Patent 2554239 Summary"
