Analyzing the Scope and Claims of United States Patent 5,618,845
Introduction
United States Patent 5,618,845, titled "Pharmaceutical solutions of modafinil," is a significant patent in the pharmaceutical industry, particularly in the field of central nervous system stimulants. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
U.S. Patent 5,618,845 was granted to describe modafinil-based compositions with a defined particle size. Modafinil is a wakefulness-promoting agent used in the treatment of conditions such as narcolepsy, shift work sleep disorder, and excessive daytime sleepiness associated with obstructive sleep apnea.
Scope of the Patent
The scope of U.S. Patent 5,618,845 is focused on the formulation and preparation of pharmaceutical solutions containing modafinil. Here are the key aspects:
Modafinil Compositions
The patent describes compositions where modafinil is formulated with a defined particle size, which is crucial for the bioavailability and efficacy of the drug. The compositions can be in various forms, including solid and liquid formulations[4].
Particle Size
The defined particle size of modafinil is a critical aspect of the patent. This specification ensures that the drug is absorbed efficiently by the body, enhancing its therapeutic effects.
Pharmaceutical Solutions
The patent covers a range of pharmaceutical solutions, including suspensions and emulsions. For instance, modafinil liquid suspensions or emulsions are mentioned as part of the invention[4].
Claims of the Patent
The claims of U.S. Patent 5,618,845 are detailed and specific, outlining the various aspects of the modafinil compositions.
Independent Claims
The independent claims typically define the broadest scope of the invention. For example, Claim 1 might describe a pharmaceutical composition comprising modafinil with a specific particle size range.
Dependent Claims
Dependent claims narrow down the scope by adding additional limitations to the independent claims. These could include specific methods of preparation, additional ingredients, or particular uses of the composition.
Patent Landscape
Understanding the patent landscape around U.S. Patent 5,618,845 involves looking at related patents, patent applications, and the broader intellectual property environment.
Related Patents
Other patents related to modafinil include U.S. Patents 4,927,855 and 5,180,745. These patents describe different aspects of modafinil, such as its levorotatory isomer and other formulations[4].
Global Dossier
Using tools like the Global Dossier provided by the USPTO, one can access the file histories of related applications from participating IP Offices. This helps in understanding the global patent family and any office actions related to these applications[1].
Common Citation Document (CCD)
The CCD application consolidates prior art cited by all participating offices for the family members of a patent application. This is useful for visualizing the search results for the same invention produced by several offices on a single page[1].
Search and Analysis Tools
Several tools and resources are available for conducting a thorough search and analysis of patents like U.S. Patent 5,618,845.
Patent Public Search
The USPTO's Patent Public Search tool provides enhanced access to prior art with modern interfaces. This tool is essential for searching existing patents and published patent applications[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs offer training in patent search techniques and maintain local search resources, which can be invaluable for detailed analysis[1].
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset contains detailed information on claims from U.S. patents and applications. This dataset can help in analyzing the scope and claims of patents like U.S. Patent 5,618,845[3].
Practical Implications
Understanding the scope and claims of U.S. Patent 5,618,845 has significant practical implications:
Innovation and Development
For pharmaceutical companies, understanding the specific claims and scope of this patent can guide the development of new modafinil formulations that do not infringe on existing patents.
Litigation and Enforcement
Knowing the details of the patent can help in defending against or asserting patent infringement claims. This is particularly important in the highly competitive pharmaceutical industry.
Licensing and Collaboration
The patent landscape around modafinil can influence licensing agreements and collaborations between companies. Clear understanding of the patent scope and claims is crucial for negotiating these agreements.
Key Takeaways
- Defined Particle Size: The patent emphasizes the importance of a defined particle size for modafinil compositions.
- Pharmaceutical Solutions: The invention covers various pharmaceutical solutions, including suspensions and emulsions.
- Related Patents: Other patents like U.S. Patents 4,927,855 and 5,180,745 are relevant to understanding the broader patent landscape.
- Search and Analysis Tools: Utilizing tools like Patent Public Search, PTRCs, and the Patent Claims Research Dataset is essential for thorough analysis.
- Practical Implications: Understanding the patent's scope and claims is vital for innovation, litigation, and licensing in the pharmaceutical industry.
FAQs
Q: What is the main focus of U.S. Patent 5,618,845?
A: The main focus is on modafinil-based compositions with a defined particle size.
Q: What types of pharmaceutical solutions are described in the patent?
A: The patent describes solid and liquid formulations, including suspensions and emulsions.
Q: How can one access related patent applications and file histories?
A: Using the Global Dossier and Common Citation Document (CCD) tools provided by the USPTO.
Q: What is the significance of the defined particle size in the patent?
A: The defined particle size ensures efficient absorption and bioavailability of modafinil.
Q: Where can one find detailed information on claims from U.S. patents and applications?
A: The USPTO's Patent Claims Research Dataset provides this information.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office (USPTO): https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - BG107720A: https://patents.google.com/patent/BG107720A/en
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
