Analyzing the Scope and Claims of United States Patent 5,597,815
Introduction
United States Patent 5,597,815, titled "Prevention of hyperphosphatemia in kidney disorder patients," is a patent that addresses a critical medical issue through the use of specific vitamin D analogs. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Number and Authority
The patent, US5597815A, was granted by the United States Patent and Trademark Office (USPTO) and is now expired, having completed its lifetime[4].
Inventorship and Assignees
Determining True Inventors
Inventorship is a crucial aspect of patent law, and it is essential to identify the "true and only inventors" of the patentable subject matter. For US5597815A, the inventors would have been determined based on who conceived the idea and reduced it to practice, a two-step process outlined in US patent law[2].
Claims and Scope
Claim Structure
The patent claims are the heart of any patent, defining the scope of the invention. US5597815A includes claims related to the use of 19-nor-vitamin D analogs, specifically 19-nor-1α,25-dihydroxyvitamin D2, for preventing hyperphosphatemia in patients with kidney disorders. These claims would have been carefully drafted to ensure they are novel, non-obvious, and useful[4].
Independent and Dependent Claims
- Independent Claims: These claims stand alone and define the invention without reference to other claims. For US5597815A, independent claims would likely focus on the specific vitamin D analogs and their application in treating hyperphosphatemia.
- Dependent Claims: These claims refer back to and further limit the independent claims. They might include specific dosages, methods of administration, or additional compounds used in conjunction with the vitamin D analogs.
Claim Analysis
The claims in US5597815A would be analyzed for their breadth and specificity. For instance, the patent might claim:
- The use of 19-nor-1α,25-dihydroxyvitamin D2 for treating hyperphosphatemia.
- Specific dosages or administration methods.
- Combinations with other compounds to enhance efficacy.
Prior Art and Citation Data
Common Citation Document (CCD)
To understand the prior art landscape, tools like the Common Citation Document (CCD) can be used. The CCD consolidates citation data from participating IP offices, providing a single point of access to prior art cited by multiple offices. This helps in visualizing the search results for the same invention across different jurisdictions[1].
Patent Family and Global Dossier
Global Dossier
The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP offices. This service provides access to the dossier, classification, and citation data for these applications, helping to understand the global patent landscape surrounding US5597815A[1].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents, including those related to medical treatments. This dataset can be used to analyze trends and measurements of patent scope, offering insights into how patents like US5597815A contribute to the broader landscape of medical innovation[3].
Legal Status and Expiration
Patent Lifetime
US5597815A has expired, which means that the exclusive rights granted by the patent are no longer in effect. This expiration allows others to use, manufacture, and sell the invention without infringing on the original patent[4].
Practical Applications and Impact
Medical Significance
The invention described in US5597815A addresses a significant medical issue—hyperphosphatemia in kidney disorder patients. The use of 19-nor-vitamin D analogs with low calcemic and phosphatemic activity provides a valuable treatment option, highlighting the practical impact of this patent on healthcare.
Conclusion
US5597815A is a patent that has made a notable contribution to the treatment of hyperphosphatemia in patients with kidney disorders. Understanding its claims, scope, and the broader patent landscape is crucial for both legal and practical purposes.
Key Takeaways
- Inventorship: Correctly identifying the true inventors is essential for the validity of the patent.
- Claims Analysis: The patent's claims define its scope and are critical for determining its novelty and non-obviousness.
- Prior Art: Tools like the CCD help in understanding the prior art landscape.
- Global Dossier: This service provides insights into the global patent family and related applications.
- Economic Impact: The Patent Claims Research Dataset offers a way to analyze the economic and research implications of such patents.
- Legal Status: The patent has expired, allowing others to use the invention without infringement.
FAQs
Q1: What is the main subject matter of US5597815A?
The main subject matter is the use of 19-nor-vitamin D analogs for preventing hyperphosphatemia in patients with kidney disorders.
Q2: Why is correct inventorship important in patent law?
Correct inventorship is crucial because it ensures that the true and only inventors are listed, which is a requirement for patent validity and enforceability[2].
Q3: What is the Common Citation Document (CCD), and how is it useful?
The CCD consolidates prior art citation data from multiple IP offices, providing a single point of access to visualize search results for the same invention across different jurisdictions[1].
Q4: What is the Global Dossier service, and how does it help?
The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP offices, along with dossier, classification, and citation data[1].
Q5: Why is the Patent Claims Research Dataset important?
The dataset provides detailed information on claims from U.S. patents, enabling the analysis of trends and measurements of patent scope, which is valuable for understanding the broader landscape of medical innovation[3].
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Determining Inventorship for US Patent Applications: https://agsci.oregonstate.edu/sites/agsci/files/main/research/vrc_release_inventorship-gattari.pdf
- Patent Claims Research Dataset - USPTO: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Prevention of hyperphosphatemia in kidney disorder patients - Google Patents: https://patents.google.com/patent/US5597815A/en
