Analyzing the Scope and Claims of United States Patent 5,643,607: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the specifics of United States Patent 5,643,607, titled "Prolonged release microcapsules," and provide a detailed analysis of its scope, claims, and the broader patent landscape.
Overview of the Patent
Patent Number and Title
United States Patent 5,643,607, titled "Prolonged release microcapsules," was granted for an invention designed to deliver physiologically active polypeptides over an extended period, specifically for at least two months, in a zero-order release manner[5].
Publication and Prior Art Dates
The patent was published on June 1, 1997, with a prior art date of October 25, 1994. This indicates that the invention was conceived and filed before the publication date, and any prior art cited would be relevant from the earlier date[5].
Scope of the Patent
Invention Description
The patent describes a microcapsule system designed for the prolonged release of physiologically active polypeptides. This system is engineered to maintain a consistent release rate over an extended period, which is a significant advancement in drug delivery technology. The microcapsules are composed of biodegradable materials and are designed to release the active polypeptide in a controlled manner[5].
Technical Details
The microcapsules are formulated using a combination of biodegradable polymers and oils, ensuring a stable and consistent release profile. The patent specifies the use of certain molecular weights of polymers and the incorporation of specific oils to achieve the desired release characteristics[5].
Claims of the Patent
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations.
- Independent Claims: These claims outline the core components and functionalities of the microcapsule system, including the type of biodegradable polymers, the method of preparation, and the release profile[5].
- Dependent Claims: These claims specify additional details such as the specific molecular weights of the polymers, the types of oils used, and other specific conditions under which the microcapsules are prepared and function[5].
Claim Analysis
The claims in this patent are structured to provide a clear and comprehensive description of the invention. For instance, Claim 1 might describe the general composition and function of the microcapsules, while subsequent claims might detail specific embodiments, such as the use of particular polymers or the method of encapsulating the polypeptide.
Patent Landscape
Related Patents and Prior Art
The patent landscape for microcapsules and drug delivery systems is extensive. The patent cites several prior art references, including other U.S. patents and international patents, which indicate the existing state of the art in this field. For example, it references patents related to LH-RH analogs and antagonists, which are relevant to the broader context of controlled release drug delivery systems[5].
Global Dossier and International Patent Offices
To fully understand the patent landscape, it is essential to look beyond U.S. patents. Tools like the Global Dossier and databases from international patent offices such as the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) provide access to related applications and patents filed in other jurisdictions[1].
Search and Analysis Tools
Patent Public Search and PEDS
The USPTO's Patent Public Search tool and the Patent Examination Data System (PEDS) are invaluable resources for conducting thorough searches and analyses of patent data. These tools allow users to search, view, and download bibliographic data for all publicly available patent applications, which can help in identifying similar inventions and understanding the examination process[1].
Common Citation Document (CCD)
The Common Citation Document (CCD) application consolidates prior art citations from multiple patent offices, providing a single point of access to citation data. This tool is particularly useful for analyzing the patent family and identifying relevant prior art across different jurisdictions[1].
Historical Context and Evolution
Early Patents and Historical Resources
For a deeper understanding of the evolution of drug delivery systems, historical patents and resources such as those available through the New York Public Library (NYPL) and the Hathi Trust can be consulted. These resources provide insights into early inventions and the development of patent law over time[4].
Impact on Innovation
Patent Scope and Quality
The scope and quality of patents, including those like US 5,643,607, are critical in the debate over patent quality. Research has shown that narrower claims during the examination process are associated with a higher probability of grant and a shorter examination process. This suggests that well-defined and specific claims, as seen in this patent, can facilitate innovation by providing clear boundaries and reducing litigation costs[3].
Key Takeaways
- Detailed Invention Description: The patent provides a detailed description of the microcapsule system, including materials and methods of preparation.
- Comprehensive Claims: The claims are structured to cover the core invention and various embodiments.
- Extensive Prior Art: The patent cites several prior art references, indicating a well-researched and developed field.
- Global Patent Landscape: Understanding the international patent landscape is crucial for navigating intellectual property in this field.
- Impact on Innovation: Well-defined claims can facilitate innovation and reduce legal complexities.
FAQs
Q: What is the main invention described in US Patent 5,643,607?
A: The main invention is a microcapsule system designed for the prolonged release of physiologically active polypeptides over at least two months in a zero-order release manner.
Q: How can I search for related patents in other countries?
A: You can use databases from international patent offices such as the EPO, JPO, and WIPO, and tools like the Global Dossier to search for related patents.
Q: What tools are available for analyzing patent data?
A: Tools like the USPTO's Patent Public Search, PEDS, and the CCD application are available for conducting thorough searches and analyses of patent data.
Q: Why is the scope of patent claims important?
A: The scope of patent claims is important because it defines the boundaries of the invention and can impact the probability of grant, examination process, and innovation incentives.
Q: Where can I find historical patent information?
A: Historical patent information can be found through resources such as the NYPL and the Hathi Trust, which provide access to early patents and annual reports from the Commissioner of Patents.
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- U.S. Patent and Trademark Office (USPTO) | USAGov. Retrieved from https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- Patent Claims and Patent Scope - Search eLibrary :: SSRN. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- How to Search for an Historical U.S. Patent - NYPL Libguides. Retrieved from https://libguides.nypl.org/patents/historical_patents
- US5643607A - Prolonged release microcapsules - Google Patents. Retrieved from https://patents.google.com/patent/US5643607A/en
