Understanding the Scope and Claims of United States Patent 5,736,555
Introduction
United States Patent 5,736,555, titled "Azilsartan and Its Salts," is a patent that discloses a specific class of angiotensin II receptor antagonists, which are used in the treatment of hypertension and other cardiovascular disorders. Here, we will delve into the details of the patent, including its scope, claims, and the broader patent landscape.
Patent Structure
A U.S. patent, such as 5,736,555, typically consists of three main sections: the cover page, the specification, and the claims[3].
Cover Page
The cover page provides bibliographic information, including the patent number, title, inventors, assignees, and relevant dates such as the filing and issue dates.
Specification
The specification section describes the invention in detail, including the background of the invention, a detailed description of the preferred embodiments, and any necessary drawings or diagrams. For U.S. Patent 5,736,555, this section would explain the chemical structure of Azilsartan, its synthesis, and its pharmacological properties.
Claims
The claims section defines the scope of the invention and outlines what the patentee has the right to exclude others from making, using, or selling. These claims are crucial as they determine the extent of the patent's protection.
Scope of the Invention
U.S. Patent 5,736,555 focuses on Azilsartan, a specific angiotensin II receptor antagonist. Here’s a breakdown of the scope:
Chemical Structure and Synthesis
The patent describes the chemical structure of Azilsartan and its salts, along with methods for synthesizing these compounds. This includes detailed descriptions of the reactants, reaction conditions, and purification processes.
Pharmacological Properties
The specification would also cover the pharmacological properties of Azilsartan, including its efficacy in treating hypertension and other cardiovascular disorders. This might involve data from clinical trials or preclinical studies.
Claims Analysis
The claims in U.S. Patent 5,736,555 are divided into independent and dependent claims.
Independent Claims
Independent claims stand alone and define the broadest scope of the invention. For example, an independent claim might cover the compound Azilsartan itself, its salts, and its use in treating hypertension.
Dependent Claims
Dependent claims narrow the scope of the invention by adding additional limitations to the independent claims. These might include specific formulations, dosages, or methods of administration.
Patent Landscape
To understand the broader patent landscape surrounding U.S. Patent 5,736,555, it is essential to consider several factors:
Related Patents
Other patents related to angiotensin II receptor antagonists, such as those for Candesartan (U.S. Patent 5,196,444) and Irbesartan (U.S. Patent 5,270,317), provide context on the competitive landscape and the evolution of these compounds[4].
International Filings
Patents filed in other jurisdictions, such as the European Patent Office (EPO) or the World Intellectual Property Organization (WIPO), can indicate global protection strategies and market intentions[1].
Patent Family
The patent family for U.S. Patent 5,736,555 includes related applications filed in other countries. Tools like the Global Dossier or the Common Citation Document (CCD) can help track these related applications and their status across different intellectual property offices[1].
Search and Analysis Tools
Several tools are available for searching and analyzing patents, which can be useful for understanding the scope and claims of U.S. Patent 5,736,555:
Patent Public Search
The USPTO's Patent Public Search tool allows for comprehensive searches of prior art and related patents, providing enhanced access to patent information[1].
Global Dossier
This service provides access to the file histories of related applications from participating IP offices, helping to identify the patent family and related citations[1].
Common Citation Document (CCD)
The CCD consolidates citation data from multiple IP offices, enabling a single-page view of the prior art cited by different offices for the same invention[1].
Practical Implications
Understanding the scope and claims of U.S. Patent 5,736,555 is crucial for several reasons:
Licensing and Collaboration
Knowing the exact claims can help in negotiating licensing agreements or collaborations, ensuring that all parties are aware of the protected areas.
Research and Development
Researchers and developers need to be aware of the existing patents to avoid infringement and to identify areas where they can innovate without encroaching on existing intellectual property.
Litigation
In the event of disputes, a clear understanding of the claims can be pivotal in determining infringement or validity issues.
Key Takeaways
- Patent Structure: A U.S. patent includes a cover page, specification, and claims.
- Scope of Invention: U.S. Patent 5,736,555 covers Azilsartan, its synthesis, and its pharmacological properties.
- Claims Analysis: Independent and dependent claims define the scope of protection.
- Patent Landscape: Consider related patents, international filings, and the patent family.
- Search and Analysis Tools: Utilize tools like Patent Public Search, Global Dossier, and CCD for comprehensive analysis.
FAQs
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What is the main subject of U.S. Patent 5,736,555?
- The main subject is Azilsartan, an angiotensin II receptor antagonist used in treating hypertension and other cardiovascular disorders.
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How do I search for related patents?
- Use tools like the USPTO's Patent Public Search, Global Dossier, and the Common Citation Document (CCD) to find related patents.
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What are the key sections of a U.S. patent?
- The key sections include the cover page, specification, and claims.
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Why is it important to understand the claims of a patent?
- Understanding the claims helps in avoiding infringement, negotiating licensing agreements, and identifying areas for innovation.
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How can I access international patent databases?
- Databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) offer free online access to international patent collections[1].
Sources
- USPTO - Search for patents[1]
- ACUS - U.S. Patent Small Claims Court[2]
- The Lens - How To Read a Patent[3]
- Canadian Patents Database - Patent 2846387 Summary[4]
