The Scope and Claims of United States Patent 5,721,263: A Detailed Analysis
Introduction
United States Patent 5,721,263, titled "Pharmaceutical composition for angiotensin II-mediated diseases," is a significant patent in the pharmaceutical industry, particularly in the treatment of cardiovascular diseases. This patent, assigned to Takeda Pharmaceutical Co Ltd, involves a pharmaceutical composition that targets angiotensin II-mediated diseases. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent was filed on June 7, 1993, and granted on February 24, 1998. It pertains to a pharmaceutical composition designed to treat diseases mediated by angiotensin II, a potent vasoconstrictor involved in the renin-angiotensin-aldosterone system (RAAS), which plays a crucial role in blood pressure regulation and cardiovascular health[2][5].
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 US Patent 5,721,263, the scope includes:
Claim Structure
The patent claims are structured to cover the pharmaceutical composition, the method of preparation, and the method of use. Here are some key aspects:
- Composition Claims: These claims specify the active ingredients, including compounds with angiotensin II antagonistic properties, and the formulation of the pharmaceutical composition.
- Method of Preparation Claims: These claims detail the process of preparing the pharmaceutical composition, including the synthesis of the active compounds and the formulation steps.
- Method of Use Claims: These claims describe how the pharmaceutical composition is used to treat angiotensin II-mediated diseases, such as hypertension and heart failure[2].
Claim Language and Scope Metrics
The scope of a patent can also be analyzed using metrics such as independent claim length and independent claim count. These metrics can indicate the breadth and clarity of the patent claims. For instance, narrower claims with shorter lengths and fewer counts often suggest a more focused and specific invention, which can be associated with a higher probability of grant and shorter examination processes[3].
Claims Analysis
Independent Claims
Independent claims are those that stand alone and do not depend on other claims. For US Patent 5,721,263, the independent claims typically include:
- A pharmaceutical composition comprising a compound having angiotensin II antagonistic activity.
- A method for preparing the pharmaceutical composition.
- A method for treating angiotensin II-mediated diseases using the pharmaceutical composition.
Dependent Claims
Dependent claims build upon the independent claims and provide additional specificity. These might include claims for specific formulations, dosages, or methods of administration.
Patent Landscape
Related Patents and Technologies
The patent landscape surrounding US Patent 5,721,263 includes other patents related to angiotensin II antagonists and their use in treating cardiovascular diseases. This landscape is dynamic, with ongoing research and development in the field leading to new patents and innovations.
Competitors and Collaborations
Companies like Takeda Pharmaceutical Co Ltd, along with other pharmaceutical giants, are actively involved in researching and developing treatments for cardiovascular diseases. Collaborations and licensing agreements are common in this field, as companies seek to leverage each other's research and intellectual property to bring new treatments to market.
Regulatory Environment
The regulatory environment plays a crucial role in the patent landscape. The USPTO's performance goals, such as optimizing patent quality and timeliness, and international agreements like the Cooperative Patent Classification (CPC) system, influence how patents are examined, granted, and enforced[4].
Valuation and Market Impact
Valuation Methods
The value of a patent like US Patent 5,721,263 can be determined using various methods: cost, income, and market approaches. The cost approach considers the development costs, the income approach looks at future benefits, and the market approach examines comparable sales of similar patents[1].
Market Data
Historical sales data of similar patents can provide insights into their market value. For instance, large portfolio sales in the technology sector have shown that patents can sell for significantly more than their development costs. While the prices for pharmaceutical patents might differ, the principle remains that valuable patents can command high prices due to their potential for generating revenue through licensing or direct use[1].
Litigation and Licensing
Patent Litigation
Patents in the pharmaceutical industry are often subject to litigation, particularly when they involve blockbuster drugs or critical treatments. The scope and claims of a patent like US Patent 5,721,263 can be crucial in defending against infringement claims or challenging the validity of competing patents.
Licensing Agreements
Licensing agreements are a common way for companies to monetize their patents. For US Patent 5,721,263, licensing could involve agreements with other pharmaceutical companies to use the patented composition, method of preparation, or method of use.
Conclusion
US Patent 5,721,263 represents a significant innovation in the treatment of angiotensin II-mediated diseases. Understanding the scope and claims of this patent, as well as the broader patent landscape, is essential for navigating the complex world of pharmaceutical intellectual property.
Key Takeaways
- Scope and Claims: The patent covers a pharmaceutical composition, its preparation, and its use in treating angiotensin II-mediated diseases.
- Metrics and Analysis: Claim length and count can indicate the breadth and clarity of the patent.
- Patent Landscape: The landscape includes related patents, competitors, collaborations, and regulatory environments.
- Valuation and Market Impact: The value can be determined using cost, income, and market approaches.
- Litigation and Licensing: The patent's scope and claims are crucial in litigation and licensing agreements.
FAQs
What is the main subject of US Patent 5,721,263?
The main subject is a pharmaceutical composition for treating angiotensin II-mediated diseases.
How is the scope of a patent determined?
The scope is determined by the patent claims, which outline the specific aspects of the invention that are protected.
What are the key metrics for analyzing patent scope?
Key metrics include independent claim length and independent claim count.
How is the value of a patent like US Patent 5,721,263 determined?
The value can be determined using cost, income, and market approaches.
Why is patent litigation important in the pharmaceutical industry?
Patent litigation is crucial for defending against infringement claims and challenging the validity of competing patents.
Sources
- The Value of a Patent - Perpetual Motion Patents
- US Patent for Pharmaceutical composition for angiotensin II ... - Justia
- Patent Claims and Patent Scope - SSRN
- Performance and Accountability Report - USPTO
- US-7528258-B2 - Unified Patents Portal - Unified Patents Portal
