Analyzing the Scope and Claims of United States Patent 5,679,717: 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 5,679,717, exploring its claims, scope, and the broader patent landscape it inhabits.
Background of the Patent
United States Patent 5,679,717, titled "Aliphatic Amine Polymer Salts for Tableting," was granted to inventors associated with Genzyme Corporation. The patent describes compositions and methods involving aliphatic amine polymer salts, particularly for use in tableting to prevent or ameliorate acidosis, especially in patients with renal disease[4].
Claims of the Patent
The claims of a patent define the scope of the invention and are critical for determining what is protected by the patent. Here are some key aspects of the claims in U.S. Patent 5,679,717:
Independent Claims
Independent claims are the broadest claims in a patent and define the overall scope of the invention. For U.S. Patent 5,679,717, these claims typically include:
- The composition of the aliphatic amine polymer salts.
- The method of preparing these salts.
- The use of these salts in tableting to achieve specific medical benefits, such as preventing or ameliorating acidosis[4].
Dependent Claims
Dependent claims narrow down the scope of the independent claims by adding additional limitations. These might include specific types of aliphatic amine polymers, particular monovalent anions, or detailed conditions for the disintegration time and stability of the tablets.
Scope of the Patent
The scope of a patent is determined by its claims and is a critical factor in assessing its validity and enforceability.
Claim Language and Metrics
Research has shown that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims, as seen in U.S. Patent 5,679,717, are often associated with a higher probability of grant and a shorter examination process[3].
Specific Applications
The patent specifically addresses the use of aliphatic amine polymer salts in tableting, highlighting their stability and disintegration properties. This narrow focus indicates that the patent's scope is tailored to a specific application within the pharmaceutical industry.
Patent Landscape
Understanding the broader patent landscape is essential for contextualizing U.S. Patent 5,679,717.
Related Patents
Other patents, such as U.S. Patent Nos. 5,607,669 and 5,618,530, also relate to aliphatic amine polymers and their applications. These patents collectively form a family of inventions that contribute to the development of pharmaceutical compositions and methods[4].
International Patent Databases
To fully understand the global implications of U.S. Patent 5,679,717, one must also consider international patent databases. Resources like the European Patent Office's esp@cenet, the Japan Patent Office, and the World Intellectual Property Organization's PATENTSCOPE provide access to similar patents filed in other jurisdictions[1].
Search and Analysis Tools
Several tools and resources are available for searching and analyzing patents, which can help in understanding the scope and claims of U.S. Patent 5,679,717.
USPTO Resources
The United States Patent and Trademark Office (USPTO) offers various tools, including the Patent Public Search, Global Dossier, and the Patent and Trademark Resource Centers (PTRCs). These resources enable detailed searches and analyses of patent documents, including the file histories and citation data of related applications[1].
Common Citation Document (CCD)
The Common Citation Document (CCD) application consolidates prior art cited by multiple patent offices, providing a single point of access to citation data. This tool can be particularly useful in assessing the novelty and non-obviousness of the claims in U.S. Patent 5,679,717[1].
Practical Implications
Understanding the scope and claims of U.S. Patent 5,679,717 has several practical implications:
Licensing and Litigation
The clarity and breadth of the claims can affect licensing and litigation costs. Narrower, well-defined claims, as in this patent, can reduce the likelihood of disputes and make licensing negotiations more straightforward[3].
Innovation Incentives
The patent's scope and claims influence the incentives for innovation. By providing clear protection for specific inventions, patents like U.S. Patent 5,679,717 can encourage further research and development in related areas[3].
Conclusion
U.S. Patent 5,679,717 is a significant invention within the pharmaceutical industry, particularly in the area of aliphatic amine polymer salts for tableting. Understanding its claims and scope is crucial for navigating the patent landscape, assessing its validity, and leveraging its protection for innovation.
Key Takeaways
- Claims Definition: The patent's claims define the composition, method of preparation, and use of aliphatic amine polymer salts.
- Scope and Metrics: The scope is narrow, focusing on specific applications, and metrics like claim length and count can measure its breadth.
- Related Patents: Other patents in the same family contribute to the broader landscape of pharmaceutical compositions.
- Search and Analysis Tools: USPTO resources and international databases are essential for comprehensive analysis.
- Practical Implications: Clear claims impact licensing, litigation, and innovation incentives.
FAQs
Q: What is the main subject of U.S. Patent 5,679,717?
A: The main subject is aliphatic amine polymer salts for tableting, particularly for preventing or ameliorating acidosis in patients with renal disease.
Q: How do the claims of U.S. Patent 5,679,717 affect its scope?
A: The claims define the specific composition, method of preparation, and use of the aliphatic amine polymer salts, making the scope narrow and focused.
Q: What tools can be used to analyze the patent landscape related to U.S. Patent 5,679,717?
A: Tools include the USPTO's Patent Public Search, Global Dossier, and international patent databases like esp@cenet and PATENTSCOPE.
Q: How does the clarity of claims impact licensing and litigation?
A: Clear and narrow claims reduce the likelihood of disputes, making licensing negotiations more straightforward and reducing litigation costs.
Q: What are the practical implications of understanding the scope and claims of U.S. Patent 5,679,717?
A: Understanding the scope and claims can encourage innovation, reduce licensing and litigation costs, and provide clear protection for the invention.
Sources
- USPTO - Search for patents - USPTO
- ACUS - U.S. Patent Small Claims Court
- SSRN - Patent Claims and Patent Scope
- IC.gc.ca - Patent 2586023 Summary - Canadian Patents Database
- Google Patents - US7048917B1 - Fat-binding polymers
