United States Patent 5,736,165: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 5,736,165, titled "In-the-eye use of chlorine dioxide-containing compositions," is a significant patent in the field of ophthalmic antiseptics and ocular surgical irrigants. This patent, granted to the inventors, outlines the use of chlorine dioxide-containing compositions for various ophthalmic applications.
Background and Context
The patent addresses the need for effective and safe antiseptic solutions for ophthalmic use. Chlorine dioxide, known for its antimicrobial properties, is the key active ingredient in these compositions. The invention leverages the benefits of chlorine dioxide to create solutions that are ophthalmically acceptable and effective in preventing infections during eye surgeries and other ophthalmic procedures[1].
Claims and Scope
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims focus on the composition, method of preparation, and application of the chlorine dioxide-containing solutions.
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Claim 1: This claim describes the composition of the invention, which includes effective amounts of chlorine dioxide, making it suitable for in-the-eye use. The composition is formed from stable precursor compositions that can be converted to chlorine dioxide shortly before use[1].
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Claim 2: This claim details the method of preparing the solution, which involves mixing the precursor compositions to produce a solution with a reliable and reproducible concentration of chlorine dioxide[1].
Dependent Claims
Dependent claims further specify the details of the independent claims, including the types of oxygen-releasing components, the pH and isotonicity of the solution, and the method of dispensing the solution.
- Dependent Claims: These claims specify the use of water-soluble inorganic salts such as sodium, potassium, calcium, magnesium, lithium, and ammonium salts of oxygen-releasing sulfur compounds. They also describe the pH of the solution (about 7.3) and its isotonic nature, ensuring it is safe for ophthalmic use[1].
Key Components and Their Roles
Chlorine Dioxide
Chlorine dioxide is the primary active ingredient, known for its broad-spectrum antimicrobial activity. It is effective against bacteria, viruses, and fungi, making it an ideal component for ophthalmic antiseptics and surgical irrigants[1].
Precursor Compositions
The precursor compositions are stable and have a long shelf life. These compositions can be converted to chlorine dioxide-containing solutions shortly before use, ensuring the reliability and reproducibility of the chlorine dioxide concentrations[1].
Oxygen-Releasing Components
The patent specifies the use of water-soluble inorganic salts such as perthiosulfates, persulfates, peroxysulfates, and peroxydisulfates. These components are crucial for releasing oxygen and facilitating the conversion of the precursor to chlorine dioxide[1].
Ophthalmic Acceptability and Safety
The solutions described in the patent are designed to be ophthalmically acceptable, meaning they are safe for use in the eye. The pH of the solution is about 7.3, and it is substantially isotonic, which minimizes the risk of irritation or damage to the eye tissues[1].
Dispensing Method
The patent also describes a dispensing method using a bottle with an outlet tip containing polyethylene beads deposited with palladium. This setup ensures the controlled release of chlorine dioxide when the solution is dispensed[1].
Economic and Practical Implications
The invention is economically viable as it does not require significant additional costs compared to conventional ophthalmic antiseptics and ocular surgical irrigants. The use of existing techniques and materials makes it straightforward to practice[1].
Patent Landscape and Related Patents
Prior Art and Related Patents
The patent builds upon prior art in ophthalmic antiseptics and surgical irrigants. Other patents, such as U.S. Pat. No. 5,424,078 and WO 9602264A2, are referenced and incorporated by reference, indicating a continuum of innovation in this field[4].
Patent Infringement and Litigation
Patent infringement actions, such as the case of Bausch & Lomb, Inc. v. Alcon Laboratories, Inc., highlight the importance of clear and distinct claims in patents. The court's decisions in such cases emphasize the need for precise claim language to avoid invalidity and ensure the patent's validity[5].
Metrics for Measuring Patent Scope
Research on patent scope, such as the work by Marco, Alan C., and Sarnoff, Joshua D., suggests that metrics like independent claim length and independent claim count can be used to measure patent scope. These metrics help in understanding the breadth and clarity of the patent claims[3].
Conclusion and Key Takeaways
- Effective Use of Chlorine Dioxide: The patent demonstrates the effective use of chlorine dioxide in ophthalmic antiseptics and surgical irrigants.
- Ophthalmic Acceptability: The solutions are designed to be safe and acceptable for use in the eye.
- Economic Viability: The invention is cost-effective and straightforward to practice.
- Precursor Compositions: Stable precursor compositions ensure reliable and reproducible chlorine dioxide concentrations.
- Dispensing Method: A controlled dispensing method using palladium-deposited polyethylene beads ensures the optimal release of chlorine dioxide.
Frequently Asked Questions (FAQs)
What is the primary active ingredient in the compositions described in U.S. Patent 5,736,165?
The primary active ingredient is chlorine dioxide, known for its broad-spectrum antimicrobial activity.
How are the precursor compositions converted to chlorine dioxide-containing solutions?
The precursor compositions are converted to chlorine dioxide-containing solutions shortly before use by mixing them with oxygen-releasing components.
What is the pH and isotonicity of the solution described in the patent?
The solution has a pH of about 7.3 and is substantially isotonic, making it safe for ophthalmic use.
What method is used for dispensing the solution?
The solution is dispensed using a bottle with an outlet tip containing polyethylene beads deposited with palladium.
Why is the patent economically viable?
The patent is economically viable because it does not require significant additional costs compared to conventional ophthalmic antiseptics and ocular surgical irrigants.
Cited Sources
- US5736165A - In-the-eye use of chlorine dioxide-containing compositions - Google Patents
- Patent Claims Research Dataset - USPTO
- Patent Claims and Patent Scope - Hoover Institution
- Stabilized compositions comprising a therapeutically active agent ... - Google Patents
- Bausch & Lomb, Inc. v. Alcon Laboratories, Inc. - Justia
