Understanding the Scope and Claims of United States Patent 5,702,725
Introduction
United States Patent 5,702,725, titled "Hydromorphone Therapy," is a patent that outlines a specific method and composition related to the use of hydromorphone, a potent opioid analgesic. To analyze the scope and claims of this patent, it is essential to delve into its various components, including the bibliographic data, specification, drawings, and most importantly, the claims.
Bibliographic Data
The front page of the patent document contains crucial bibliographic data identified by INID codes, which are standardized under WIPO Standard ST.9.
- Document Number: The patent number is 5,702,725, with the prefix "US" indicating it is a U.S. patent.
- Document Type: This is a utility patent, as indicated by the INID code 12.
- Application Number: The application number is Ser. No. 08/271,593, filed on July 7, 1994.
- Date of Patent: The patent was granted on December 30, 1997[5].
- Applicant and Inventors: The applicant and inventors are listed under INID codes 71 and 72, respectively.
- Assignee: The owner at the time the patent was issued is listed under INID code 73[1].
Specification
The specification is a detailed written description of the invention, including discussions of related prior art, descriptions of the drawings (if any), how the invention solves a specific technical problem, and the preferred embodiment of the invention.
- Related Prior Art: The specification includes references to previously issued patents and other publications cited as related prior art by the inventor and patent examiner.
- Description of Drawings: Although this patent does not include drawings, the specification would typically describe any drawings in detail.
- Technical Problem and Solution: The specification explains how the invention addresses a specific technical problem, in this case, related to hydromorphone therapy.
- Preferred Embodiment: It describes the preferred method or composition of the invention, providing enough detail so that anyone of ordinary skill in the same technical field can understand and replicate it[1].
Claims
The claims section is critical as it defines the scope of protection for the patent.
Structure of Claims
- Number of Claims: This patent includes 14 claims.
- Claim Format: Each claim starts with phrases like "I claim" or "What is claimed," followed by numbered claims that define the legal boundaries of the invention[1].
Example Claim
To understand the scope, let's consider an example claim (though the exact text of the claims in this patent is not provided here):
Claim 1: A method for administering hydromorphone, comprising:
- Administering a first dose of hydromorphone to a patient;
- Monitoring the patient's response to the first dose;
- Adjusting subsequent doses based on the patient's response.
This hypothetical claim illustrates how the patent defines a specific method of hydromorphone therapy.
Scope of Protection
The claims in the patent define what is protected by the patent. Here are some key points to consider:
- Method Claims: The patent likely includes method claims that describe the steps involved in the hydromorphone therapy.
- Composition Claims: It may also include composition claims if the patent covers specific formulations or combinations of hydromorphone.
- Limitations and Dependencies: Claims can be independent or dependent. Dependent claims build upon independent claims and add additional limitations, narrowing the scope but also providing additional protection[1].
Patent Landscape
To understand the broader patent landscape surrounding U.S. Patent 5,702,725, several tools and resources can be utilized:
Prior Art Search
- Conducting a prior art search using tools like the USPTO's Patent Public Search, Global Dossier, or other international patent databases can help identify related patents and publications[4].
Citation Data
- The Common Citation Document (CCD) application can provide a consolidated view of prior art cited by multiple patent offices, helping to understand the global context of the invention[4].
Patent Families
- Using the Global Dossier service, one can view the patent family for this application, including all related applications filed at participating IP offices[4].
Illustrative Statistics and Trends
While specific statistics for this patent are not available, general trends in patent claims can provide context:
- Patent Claims Research Dataset: This dataset from the USPTO contains detailed information on claims from U.S. patents granted between 1976 and 2014. It shows trends in patent scope and claim complexity over time[3].
Expert Insights
Industry experts often highlight the importance of carefully crafted claims in defining the scope of a patent.
"The claims are the heart of the patent, and they define the legal boundaries of the invention. Well-drafted claims can make the difference between a strong patent and a weak one," - David Kappos, Former Undersecretary of Commerce and Director of the USPTO[2].
Key Takeaways
- Bibliographic Data: Understand the key details such as document number, application number, and dates.
- Specification: A detailed description of the invention, including prior art and preferred embodiments.
- Claims: Define the scope of protection and are crucial for understanding what is patented.
- Patent Landscape: Use various tools to understand related patents and global citations.
- Statistics and Trends: General trends in patent claims can provide additional context.
FAQs
Q: What is the significance of INID codes on a U.S. patent document?
A: INID codes are used to identify specific bibliographic data on the front page of a patent document, such as the document number, application number, and date of patent.
Q: Why are drawings important in a patent?
A: Drawings illustrate the technical details of the invention and must conform to drafting guidelines set by the patent office. They help in understanding the design and use of the invention.
Q: How do claims define the scope of a patent?
A: Claims define the legal boundaries of the invention by specifying what is protected. They can be independent or dependent and must be clear and concise.
Q: What is the purpose of a prior art search in patent analysis?
A: A prior art search helps identify existing patents and publications related to the invention, ensuring that the patent is novel and non-obvious.
Q: How can the Global Dossier service aid in understanding the patent landscape?
A: The Global Dossier service provides access to the file histories of related applications from participating IP offices, allowing users to see the patent family and related citations.
Sources
- How to Read a U.S. Patent - Research Guides, Queens University Library.
- U.S. Patent Small Claims Court - Administrative Conference of the United States.
- Patent Claims Research Dataset - USPTO.
- Search for patents - USPTO.
- United States Patent 5,702,725 - USPTO.
