Analyzing the Scope and Claims of United States Patent 5,721,244
Introduction
United States Patent 5,721,244, titled "Combination of angiotensin-converting enzyme inhibitors with calcium antagonists," is a significant patent in the pharmaceutical industry. This patent, issued to Sanofi-Aventis, pertains to a specific combination of drugs used to treat cardiovascular conditions. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent in question involves the combination of angiotensin-converting enzyme (ACE) inhibitors and calcium antagonists. These classes of drugs are commonly used to treat hypertension and other cardiovascular diseases. The combination therapy aims to enhance the therapeutic effects while minimizing side effects[2].
Scope of the Patent
The scope of a patent is defined by its claims, which outline the specific aspects of the invention that are protected. For Patent 5,721,244, the scope includes:
Claim Structure
The patent claims are structured to cover the combination of ACE inhibitors and calcium antagonists, the processes for preparing these combinations, and their use in treating cardiovascular conditions. The claims are divided into independent and dependent claims, with the independent claims defining the broadest scope of the invention and the dependent claims narrowing down to more specific embodiments[2].
Independent Claim Length and Count
Research on patent scope suggests that independent claim length and count can be metrics for measuring the breadth of a patent. For Patent 5,721,244, the independent claims are concise yet comprehensive, indicating a well-defined scope. The number of independent claims also suggests a focused approach to protecting the core aspects of the invention[3].
Claims Analysis
The claims of Patent 5,721,244 can be analyzed in several key areas:
Composition Claims
These claims cover the specific combinations of ACE inhibitors and calcium antagonists. For example, the patent claims combinations such as enalapril (an ACE inhibitor) with nifedipine (a calcium antagonist)[2].
Process Claims
The patent also includes claims related to the processes for preparing these combinations. This ensures that not only the final product but also the methods of manufacturing are protected[2].
Use Claims
The use claims specify the therapeutic applications of the combination, such as treating hypertension and other cardiovascular diseases. These claims are crucial as they define the intended use and benefits of the invention[2].
Patent Examination Process
The examination process for Patent 5,721,244 would have involved a thorough review by the USPTO to ensure that the claims were novel, non-obvious, and enabled. Research indicates that the patent examination process often narrows the scope of patent claims, particularly in terms of claim length and count. This process helps in ensuring that the granted patent is valid and does not overly broaden the scope of protection[3].
Patent Landscape
The patent landscape surrounding Patent 5,721,244 includes several key aspects:
Prior Art
To ensure the novelty of the invention, a thorough search of prior art would have been conducted. This includes searching databases such as those provided by the USPTO, EPO, JPO, and WIPO. Tools like the Patent Public Search and Global Dossier would have been utilized to identify any existing patents or applications that might affect the novelty of the claimed invention[1].
International Protection
Given the global nature of pharmaceutical research, it is likely that Sanofi-Aventis sought protection in multiple jurisdictions. Databases like PATENTSCOPE and esp@cenet would have been used to search for international patent applications and granted patents related to this invention[1].
Litigation and Enforcement
Patent 5,721,244 has been involved in litigation, such as the case of Sanofi-Aventis Deutschland GmBH v. Glenmark Pharms. Inc., which highlights the importance of enforcing patent rights to protect the invention from infringement[5].
Impact on the Pharmaceutical Industry
The combination of ACE inhibitors and calcium antagonists has been a significant advancement in cardiovascular treatment. This patent has likely influenced the development of similar combination therapies and has contributed to the broader landscape of pharmaceutical innovation.
Key Takeaways
- Scope and Claims: The patent's scope is defined by its claims, which cover the combination of ACE inhibitors and calcium antagonists, their preparation, and therapeutic use.
- Examination Process: The patent examination process likely narrowed the claims to ensure validity and non-obviousness.
- Patent Landscape: The patent is part of a broader landscape that includes international protection, prior art searches, and litigation to enforce patent rights.
- Industry Impact: The patent has contributed to advancements in cardiovascular treatment and influenced the development of similar combination therapies.
FAQs
Q: What is the main subject of United States Patent 5,721,244?
A: The main subject is the combination of angiotensin-converting enzyme (ACE) inhibitors with calcium antagonists for treating cardiovascular conditions.
Q: How are the claims structured in this patent?
A: The claims are structured into independent and dependent claims, with independent claims defining the broadest scope and dependent claims narrowing down to more specific embodiments.
Q: What metrics can be used to measure the scope of a patent?
A: Metrics such as independent claim length and count can be used to measure the scope of a patent.
Q: Has this patent been involved in any litigation?
A: Yes, it has been involved in litigation, such as the case of Sanofi-Aventis Deutschland GmBH v. Glenmark Pharms. Inc.
Q: How does the patent examination process affect the scope of patent claims?
A: The patent examination process often narrows the scope of patent claims to ensure validity and non-obviousness.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- US Patent for Combination of angiotensin-converting enzyme inhibitors with calcium antagonists: https://patents.justia.com/patent/5721244
- Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- USPTO Patents Dashboard: https://www.uspto.gov/dashboard/patents/
- Sanofi-Aventis Deutschland GmBH v. Glenmark Pharms. Inc.: https://www.jdsupra.com/legalnews/sanofi-aventis-deutschland-gmbh-v-glenm-42447
