Understanding the Scope and Claims of United States Patent 5,703,110
Introduction
United States Patent 5,703,110, titled "Pharmaceutically acceptable salts of candesartan and process for preparing them," is a significant patent in the pharmaceutical industry. This patent, granted to AstraZeneca, pertains to the preparation and use of candesartan, a drug used to treat hypertension and heart failure. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of Candesartan
Candesartan is an angiotensin II receptor antagonist, used to treat conditions such as high blood pressure and heart failure. The drug works by blocking the action of angiotensin II, a potent vasoconstrictor, thereby reducing blood pressure and improving heart function[4].
Patent Overview
Publication Details
- Patent Number: 5,703,110
- Grant Date: October 30, 1997
- Assignee: AstraZeneca AB
- Inventors: Several inventors are listed, reflecting the collaborative nature of pharmaceutical research.
Claims
The patent includes multiple claims that define the scope of the invention. Here are some key claims:
- Claim 1: This claim describes the pharmaceutically acceptable salts of candesartan, including the specific chemical structures and their preparation methods.
- Claim 2: This claim covers the process for preparing these salts, which involves specific chemical reactions and conditions.
- Claim 3: This claim pertains to pharmaceutical compositions containing candesartan or its salts, along with methods for administering these compositions to treat hypertension and heart failure[4].
Scope of the Patent
Independent and Dependent Claims
The scope of the patent is defined by both independent and dependent claims. Independent claims stand alone and define the core invention, while dependent claims build upon the independent claims and provide additional details or limitations.
- Independent Claim Length and Count: Research has shown that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims, as seen in this patent, are often associated with a higher probability of grant and a shorter examination process[3].
Claim Language and Patent Scope
The language used in the claims is crucial for determining the patent's scope. In the case of US 5,703,110, the claims are specific and detailed, ensuring that the patent covers the exact methods and compositions related to candesartan without being overly broad. This specificity helps in avoiding potential litigation and ensures clarity in the patent's boundaries[3].
Patent Family and Global Dossier
Global Dossier
The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including all related applications filed at participating IP Offices. For US 5,703,110, this service would reveal other patents and applications related to candesartan, providing a comprehensive view of the global patent landscape for this invention[1].
Related Patents
Other patents related to candesartan, such as US 5,196,444 and US 6,177,587, are part of the same patent family. These patents describe different aspects of candesartan's preparation and use, highlighting the extensive research and development in this area[4].
Examination Process and Office Actions
Patent Examination Data System (PEDS)
The PEDS system allows users to search, view, and download bibliographic data for patent applications, including those related to US 5,703,110. This system provides insights into the examination process, including any office actions that may have been issued during the patent's prosecution[1].
Office Actions and Claim Narrowing
Research indicates that the patent examination process often narrows the scope of patent claims. For US 5,703,110, any office actions would have been addressed during the prosecution phase, resulting in the final set of claims that define the patent's scope. The narrowing of claims during examination ensures that the patent is granted with clear and valid boundaries[3].
Economic and Legal Implications
Patent Quality and Scope
The debate over patent quality often revolves around the breadth and clarity of patent claims. Patents like US 5,703,110, with well-defined and narrow claims, contribute to a healthier patent ecosystem by reducing the likelihood of litigation and licensing disputes. This clarity also incentivizes innovation by providing clear boundaries for other inventors and companies[3].
Small Claims Patent Court
The concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), aims to address the high costs associated with patent litigation. For patents like US 5,703,110, such a court could provide a more efficient and cost-effective way to resolve disputes related to patent infringement or validity[5].
Key Takeaways
- Specific Claims: The patent includes specific claims that define the preparation methods and pharmaceutical compositions of candesartan.
- Global Patent Landscape: The Global Dossier service provides a comprehensive view of related patents and applications.
- Examination Process: The PEDS system and office actions during prosecution ensure the patent's claims are valid and clear.
- Economic Implications: Well-defined claims contribute to a healthier patent ecosystem and incentivize innovation.
- Legal Considerations: The potential for a small claims patent court could impact how disputes related to this patent are resolved.
FAQs
Q: What is the main subject of United States Patent 5,703,110?
A: The main subject is the preparation and use of pharmaceutically acceptable salts of candesartan, an angiotensin II receptor antagonist.
Q: How does the Global Dossier service relate to this patent?
A: The Global Dossier service allows users to view the patent family for US 5,703,110, including all related applications filed at participating IP Offices.
Q: What is the significance of claim length and count in patent scope?
A: Narrower claims, often measured by independent claim length and count, are associated with a higher probability of grant and a shorter examination process.
Q: How does the PEDS system help in understanding the patent's examination process?
A: The PEDS system provides access to bibliographic data for patent applications, including office actions and other prosecution details.
Q: What are the potential benefits of a small claims patent court for patents like US 5,703,110?
A: A small claims patent court could provide a more efficient and cost-effective way to resolve disputes related to patent infringement or validity.
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- USPTO - Patent Claims Research Dataset. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- SSRN - Patent Claims and Patent Scope. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents - US8143435B2. Retrieved from https://patents.google.com/patent/US8143435B2/en
- ACUS - U.S. Patent Small Claims Court. Retrieved from https://www.acus.gov/research-projects/us-patent-small-claims-court
