Patent landscape, scope, and claims: |
Analyzing the Scope and Claims of United States Patent 5,607,690
Introduction
United States Patent 5,607,690, issued to Altergon S.A., pertains to a specific human drug product, notably the topical pain reliever FLECTOR. To understand the patent's implications and its place in the patent landscape, it is crucial to delve into its scope, claims, and the broader context of patent analytics.
Patent Overview
Patent Number and Title
- The patent in question is U.S. Patent 5,607,690, titled "Transdermal Therapeutic System for the Administration of Diclofenac."
Inventors and Assignees
- The inventors and assignees of this patent are key to understanding the ownership and development history of the drug. In this case, the patent was assigned to Altergon S.A.[5].
Scope of the Patent
Subject Matter
- The patent covers a transdermal therapeutic system designed for the administration of diclofenac, a nonsteroidal anti-inflammatory drug (NSAID) used for pain relief. This system involves a patch that delivers the drug through the skin, providing a controlled release over a specified period.
Claims
- The claims of a patent are its most critical components, as they define the scope of protection. For U.S. Patent 5,607,690, the claims would typically include:
- The composition of the transdermal patch.
- The method of manufacturing the patch.
- The specific dosage and delivery mechanism of diclofenac.
- Any unique features or improvements over existing transdermal systems[5].
Claim Analysis
Claim Types
- The patent includes various types of claims, such as:
- Independent Claims: These define the broadest scope of the invention.
- Dependent Claims: These narrow down the invention by adding specific limitations to the independent claims.
- Method Claims: These cover the process of making or using the transdermal system.
- Composition Claims: These cover the specific formulation of the patch[3].
Claim Coverage Matrix
- A Claim Coverage Matrix, as described in patent analytics, can help in understanding which claims are actively protecting the intellectual property and where gaps or opportunities exist. This matrix categorizes claims by scope concepts, allowing for a comprehensive analysis of the patent landscape[3].
Patent Landscape
Competitive Analysis
- To understand the competitive landscape, one must analyze similar patents and technologies. This involves searching databases such as the USPTO's Patent Public Search, European Patent Office's esp@cenet, and other international patent databases[1].
Global Dossier
- The Global Dossier service can be used to view the patent family for this specific application, including related applications filed at participating IP Offices. This helps in identifying potential competitors and understanding the global reach of similar technologies[1].
Citation Data
- The Common Citation Document (CCD) application provides a single point of access to citation data from multiple IP Offices. This helps in identifying prior art cited by different offices, which can be crucial in assessing the novelty and non-obviousness of the invention[1].
International Implications
International Patent Offices
- Searching international patent databases, such as those provided by the European Patent Office, Japan Patent Office, and World Intellectual Property Organization (WIPO), is essential to determine if similar inventions have been patented abroad. This includes accessing machine translations of patents in various languages[1].
Patent Analytics and Strategy
Tracking Patents by Claims and Scope Concepts
- Advanced patent analytics tools, such as those provided by Schwegman, help in categorizing patents by claims and overarching scope concepts. This facilitates a more efficient analysis of large numbers of patent claims and helps in identifying gaps in current coverage and future design opportunities[3].
Claim Charts
- Interactive claim charts generated by tools like ClaimScape® can be reviewed by technical experts to determine the applicability of scope concepts to target products or methods. These charts are useful for spotting areas where claim coverage is lacking and for highlighting future design opportunities[3].
Legal and Regulatory Considerations
Patent Term and Price Competition
- The patent term and its impact on price competition are critical factors. Patents like U.S. Patent 5,607,690 can affect the market dynamics by limiting generic competition until the patent expires. This is particularly relevant in the pharmaceutical industry, where patent protection can significantly influence drug pricing[5].
Key Takeaways
- Scope and Claims: The patent's scope and claims define the specific protection granted for the transdermal therapeutic system.
- Patent Landscape: Analyzing the competitive landscape involves searching global patent databases and using tools like Global Dossier and CCD.
- International Implications: Understanding international patent filings is crucial for global market strategies.
- Patent Analytics: Advanced analytics tools help in managing and analyzing large patent portfolios.
- Legal Considerations: The patent term and its impact on market competition are vital for business strategies.
FAQs
-
What is the main subject matter of U.S. Patent 5,607,690?
- The main subject matter is a transdermal therapeutic system for the administration of diclofenac.
-
How can one analyze the claims of this patent?
- Claims can be analyzed using a Claim Coverage Matrix and categorizing them by scope concepts.
-
What is the significance of the Global Dossier in patent searching?
- The Global Dossier provides access to the file histories of related applications from participating IP Offices, helping in understanding the global patent family.
-
How do international patent databases help in patent analysis?
- International databases help in identifying similar patents filed abroad and understanding the global reach of the technology.
-
What is the role of patent analytics in managing patent portfolios?
- Patent analytics helps in categorizing patents by claims and scope concepts, identifying gaps in coverage, and highlighting future design opportunities.
Sources
- USPTO - Search for Patents
- Regulations.gov - Patent
- SLWIP - Patent Analytics
- Kingsoft Cloud Holdings Limited
- GovInfo - Federal Register
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