United States Patent 5,602,176: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 5,602,176, titled "Phenyl carbamate," is a significant patent in the pharmaceutical sector, particularly for its application in treating various neurological and cognitive disorders. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background
The patent, issued on February 11, 1997, pertains to a novel phenyl carbamate compound with anticholinesterase activity. This compound is identified as (S)-N-ethyl-3-[(1-dimethylamino)ethyl]-N-methyl-phenylcarbamate, and it is useful in the treatment of conditions such as Alzheimer's disease, senile dementia, and other neurological disorders[4].
Scope of the Patent
The scope of the patent encompasses the free base form and various acid addition salt forms of the phenyl carbamate compound. Here are the key aspects:
- Compound Structure: The patent describes the specific structure of the phenyl carbamate compound, including its stereochemistry and the possible acid addition salt forms[4].
- Pharmacological Activity: The compound exhibits brain region-selective inhibition of acetylcholinesterase activity, which is crucial for its therapeutic effects. It also shows a long duration of action and is well tolerated when administered orally or through other routes[4].
- Therapeutic Applications: The patent highlights the compound's utility in treating a range of conditions, including Alzheimer's disease, Huntington's chorea, and other cognitive and motor disorders[4].
Claims of the Patent
The claims of the patent are critical in defining the invention's boundaries and what is protected under the patent. Here are some key claims:
- Claim 1: This claim typically defines the compound itself, including its chemical structure and stereochemistry.
- Dependent Claims: These claims often cover various aspects such as the free base form, acid addition salt forms, and specific pharmaceutical compositions containing the compound[4].
Patent Landscape
Understanding the patent landscape around U.S. Patent 5,602,176 involves examining related patents, litigation, and market dynamics.
Related Patents
- U.S. Patent Nos. 6,316,023 and 6,335,031: These patents, also related to Novartis, were involved in litigation concerning the generic version of Exelon® Patch. These patents, while distinct, are part of the broader intellectual property portfolio related to similar therapeutic areas[5].
Litigation and Enforcement
- Novartis vs. Watson: Novartis filed a lawsuit to prevent Watson from commercializing a generic version of Exelon® Patch, which is related to the compounds covered under these patents. This litigation highlights the importance of these patents in protecting market exclusivity[5].
Market Impact
- Exelon® Patch: The Exelon® Patch, which contains a related compound, enjoys significant market sales, approximately $424 million annually. This underscores the commercial importance of the inventions protected by these patents[5].
Global Dossier and Public Search Facilities
For researchers and practitioners, accessing detailed information about this patent and related applications is facilitated through services like the Global Dossier and the USPTO Public Search Facility.
- Global Dossier: This service allows users to view the file histories of related applications from participating IP Offices, including the IP5 Offices. This can be useful for understanding the global patent family and any office actions related to this patent[1].
- Public Search Facility: Located in Alexandria, VA, this facility provides public access to patent and trademark information, assisting users in conducting comprehensive searches and analyses[1].
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset can provide additional insights into the scope and trends of patent claims, including those related to pharmaceutical inventions.
- Dataset Details: This dataset contains detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014. It includes claim-level statistics and document-level statistics, which can help in analyzing the patent scope and trends[3].
Obviousness and Double Patenting
In patent litigation, issues of obviousness and double patenting are often critical.
- Obviousness: The patent's validity can be challenged if it is deemed obvious by combining prior art. However, the court must find clear and convincing evidence that the claimed invention would have been obvious to a person of ordinary skill in the art[2].
- Double Patenting: This doctrine prevents claims in separate applications or patents that are not patentably distinct. The court must determine whether the claimed invention in a later patent would have been obvious from the subject matter of the claims in an earlier patent[2].
Key Takeaways
- Novel Compound: U.S. Patent 5,602,176 protects a novel phenyl carbamate compound with significant therapeutic applications.
- Broad Therapeutic Use: The compound is useful in treating various neurological and cognitive disorders.
- Litigation and Market Impact: The patent has been involved in significant litigation and protects a commercially valuable product.
- Access to Information: Tools like the Global Dossier and Public Search Facility, along with the Patent Claims Research Dataset, are essential for comprehensive analysis.
FAQs
What is the primary compound protected by U.S. Patent 5,602,176?
The primary compound is (S)-N-ethyl-3-[(1-dimethylamino)ethyl]-N-methyl-phenylcarbamate, a phenyl carbamate with anticholinesterase activity.
What are the therapeutic applications of the compound?
The compound is useful in treating conditions such as Alzheimer's disease, senile dementia, Huntington's chorea, and other neurological disorders.
How does the Global Dossier help in patent research?
The Global Dossier provides access to the file histories of related applications from participating IP Offices, allowing users to view the patent family and office actions.
What is the significance of the Patent Claims Research Dataset?
The dataset provides detailed information on claims from U.S. patents and applications, helping in the analysis of patent scope and trends.
Why is obviousness a critical issue in patent litigation?
Obviousness determines whether a claimed invention would have been obvious to a person of ordinary skill in the art, which can affect the patent's validity.
Cited Sources
- USPTO - Search for patents.
- IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT.
- USPTO - Patent Claims Research Dataset.
- Google Patents - Phenyl carbamate.
- GB Patent - Pharmaceutical newsletter.
