United States Patent 5,639,738: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 5,639,738, titled "Treatment of basal cell carcinoma and actinic keratosis employing hyaluronic acid and NSAIDs," was issued on June 17, 1997, to inventors Falk et al. This patent is significant in the medical field, particularly in dermatology, and its analysis can provide valuable insights into the treatment of skin conditions and the broader patent landscape.
Background of the Patent
The patent describes a method for treating basal cell carcinoma and actinic keratosis using a combination of hyaluronic acid and non-steroidal anti-inflammatory drugs (NSAIDs). This treatment approach is designed to enhance the patient's defense mechanisms and prevent infections, which is particularly important for patients with compromised skin conditions[4].
Scope of the Patent
Claims
The patent includes several claims that define the scope of the invention. These claims typically cover the specific methods, compositions, and uses of hyaluronic acid and NSAIDs in treating the mentioned skin conditions. Here are some key aspects of the claims:
- Method of Treatment: The patent claims a method of treating basal cell carcinoma and actinic keratosis by administering a combination of hyaluronic acid and NSAIDs.
- Composition: The claims specify the use of hyaluronic acid, such as Healon provided by Pharmacia AB, and various NSAIDs.
- Administration: The method involves administering hyaluronic acid subcutaneously and NSAIDs either intravenously or intramuscularly[4].
Limitations and Exclusions
The patent does not cover the use of hyaluronic acid alone for general skin care or cosmetic purposes. It is specifically focused on the therapeutic application in conjunction with NSAIDs for treating basal cell carcinoma and actinic keratosis.
Patent Landscape Analysis
Technological Domain
The patent falls within the domain of dermatological treatments, specifically targeting skin cancers and pre-cancerous conditions. Here are some key points from the patent landscape analysis:
- Competitors and Market Trends: The patent landscape reveals that several companies and researchers have been actively involved in developing treatments for skin cancers. This includes pharmaceutical companies like Nycomed US Inc. and Jagotec AG, which have been involved in patent infringement cases related to similar treatments[2].
- Legal Status: As of the current date, the patent has expired, given its issuance in 1997. However, understanding its legal status and that of related patents can help in navigating potential litigation and licensing issues[3].
Related Patents and Applications
- Family Patents: The inventors, Falk et al., have several related patents, such as U.S. Patent No. 5,792,753, U.S. Patent No. 5,852,002, and U.S. Patent No. 5,914,322, which also deal with compositions and treatments involving hyaluronic acid and other drugs. These patents form a family of related inventions that collectively contribute to the broader patent landscape[2].
- Cross-References: Other patents, such as U.S. Pat. No. 4,636,524, disclose cross-linked gels of hyaluronic acid and their applications, which can be relevant for understanding the broader technological context[4].
Global Dossier and International Filings
Using tools like the Global Dossier, one can access the file histories of related applications from participating IP Offices. This helps in understanding the global patent family for this specific application and related inventions, including their legal status, classification, and citation data[1].
Market Impact and Business Insights
Market Developments
Patent landscape analysis reveals significant market developments such as mergers and acquisitions, in/out-licensing agreements, and litigation activities. For instance, the patent infringement case involving Nycomed US Inc. and Jagotec AG against TOLMAR, Inc. highlights the competitive and legal dynamics in this market[2].
Business Risks and Opportunities
Understanding the patent landscape helps in identifying business risks, such as potential litigation, and opportunities, such as licensing agreements or new market entries. For example, the expiration of this patent opens up opportunities for generic or similar treatments to enter the market.
Litigation and Enforcement
Patent Infringement Cases
The patent has been involved in litigation, as seen in the case of Nycomed US Inc. and Jagotec AG vs. TOLMAR, Inc. This case illustrates the importance of enforcing patent rights and the legal complexities involved in such disputes[2].
Conclusion
United States Patent 5,639,738 is a significant patent in the field of dermatological treatments, particularly for basal cell carcinoma and actinic keratosis. Understanding its scope, claims, and the broader patent landscape is crucial for both legal and business strategies.
Key Takeaways
- Specific Treatment Method: The patent describes a specific method of treating skin conditions using hyaluronic acid and NSAIDs.
- Expired Patent: The patent has expired, which affects its current legal status and potential for generic treatments.
- Related Patents: There are several related patents by the same inventors that form a family of inventions.
- Market Impact: The patent landscape analysis reveals market trends, litigation activities, and business opportunities.
- Global Context: Tools like the Global Dossier provide insights into the global patent family and related applications.
FAQs
Q: What is the main subject of United States Patent 5,639,738?
A: The main subject is a method for treating basal cell carcinoma and actinic keratosis using hyaluronic acid and NSAIDs.
Q: Who are the inventors of this patent?
A: The inventors are Falk et al.
Q: What is the current legal status of this patent?
A: The patent has expired since its issuance in 1997.
Q: Are there related patents by the same inventors?
A: Yes, there are several related patents by Falk et al., such as U.S. Patent No. 5,792,753 and U.S. Patent No. 5,852,002.
Q: How can the Global Dossier be useful in analyzing this patent?
A: The Global Dossier provides access to the file histories of related applications from participating IP Offices, helping in understanding the global patent family and related applications.
Sources
- USPTO: "Search for patents - USPTO"
- Robinson, Wettre & Miller LLC: "AMENDED COMPLAINT FOR PATENT INFRINGEMENT"
- Sagacious Research: "Navigating Technological Domains with Patent Landscape Analysis"
- Google Patents: "US5639738A - Treatment of basal cell carcinoma and actinic keratosis employing hyaluronic acid and NSAIDs"
