Analyzing the Scope and Claims of United States Patent 5,759,565: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the details of United States Patent 5,759,565, exploring its background, claims, and the broader patent landscape it inhabits.
Background of the Patent
United States Patent 5,759,565, titled "Nasal Calcitonin Formulations," was granted on June 2, 1998. The inventors listed include several individuals associated with pharmaceutical research and development. This patent is part of a larger body of work focused on nasal delivery systems for calcitonin, a hormone used in the treatment of various medical conditions, including osteoporosis and hypercalcemia[5].
Claims of the Patent
The patent includes multiple claims that define the scope of the invention. Here are some key claims:
- Claim 1: This claim describes an aqueous solution of calcitonin suitable for intranasal administration, comprising calcitonin and chlorobutanol at a concentration of less than 0.4%[5].
- Dependent Claims: Subsequent claims elaborate on the composition, including the concentration of calcitonin, the presence of other excipients, and the pH range of the solution.
These claims are critical as they define what is protected under the patent and what would be considered an infringement.
Detailed Analysis of Claims
Composition
The patent specifies that the aqueous solution contains calcitonin, which is the active ingredient, and chlorobutanol, which serves as a preservative. The concentration of chlorobutanol is limited to less than 0.4%, which is important for ensuring the stability and safety of the formulation[5].
Intranasal Administration
The formulation is designed for intranasal administration, which is a key aspect of the invention. This delivery method is preferred for its non-invasive nature and the ability to bypass first-pass metabolism, potentially increasing the bioavailability of calcitonin.
pH Range
The patent may also specify a particular pH range for the solution to ensure stability and efficacy of the calcitonin. This detail is crucial for maintaining the integrity of the active ingredient and ensuring patient comfort during administration.
Patent Landscape
Related Patents
The patent 5,759,565 is part of a larger family of patents related to nasal calcitonin formulations. Other patents, such as those listed in the prior art section (e.g., U.S. Patents 5,211,950, 5,215,739, and 5,281,580), demonstrate the ongoing research and development in this area[2].
International Context
To understand the global implications, it is essential to search international patent databases. Resources like the European Patent Office's esp@cenet, the Japan Patent Office's database, and the World Intellectual Property Organization's (WIPO) PATENTSCOPE provide access to international patent applications and granted patents. This helps in identifying similar inventions and potential competitors worldwide[1][4].
Searching and Analyzing Patents
Tools and Resources
Several tools are available for searching and analyzing patents:
- Patent Public Search: This tool, provided by the USPTO, offers enhanced access to prior art and modern interfaces for searching patents[1].
- Global Dossier: This service allows users to view the patent family for a specific application, including related applications from participating IP Offices[1].
- Cooperative Patent Classification (CPC): This database helps in finding relevant classification schemes, which can be crucial for identifying similar patents[4].
Advanced Search Techniques
Advanced patent searching involves using specific classification systems like the CPC, full-text searching, and machine translation of patent documents. Resources such as the USPTO's Patent and Trademark Resource Centers (PTRCs) and the WIPO's PATENTSCOPE database are invaluable for comprehensive searches[1][4].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents granted between 1976 and 2014. This dataset can be used to analyze trends in patent scope and claims, offering insights into the broader patent landscape[3].
Economic Impact
Understanding the scope and claims of a patent like 5,759,565 can have significant economic implications. It helps in assessing the market potential, identifying competitors, and making informed decisions about research and development investments.
Key Takeaways
- Specific Claims: The patent specifies an aqueous solution of calcitonin with chlorobutanol for intranasal administration.
- Patent Landscape: The patent is part of a larger family of related patents and international applications.
- Search Tools: Utilize tools like Patent Public Search, Global Dossier, and CPC for comprehensive searches.
- Economic Implications: Analyzing patent claims can provide valuable insights into market potential and competitive landscape.
FAQs
What is the main invention described in U.S. Patent 5,759,565?
The main invention is an aqueous solution of calcitonin suitable for intranasal administration, containing calcitonin and chlorobutanol at a concentration of less than 0.4%.
How can I search for related patents internationally?
You can use databases like the European Patent Office's esp@cenet, the Japan Patent Office's database, and the World Intellectual Property Organization's (WIPO) PATENTSCOPE to search for related international patents.
What tools are available for advanced patent searching?
Tools include the USPTO's Patent Public Search, Global Dossier, Cooperative Patent Classification (CPC), and resources from Patent and Trademark Resource Centers (PTRCs).
Why is understanding patent claims important?
Understanding patent claims is crucial for defining what is protected under the patent, identifying potential infringements, and making informed decisions about research and development investments.
Where can I find detailed information on patent claims and scope?
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents granted between 1976 and 2014, which can be used to analyze trends in patent scope and claims.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- United States Patent 8,486,891 B2: https://patentimages.storage.googleapis.com/1b/e5/5d/26fa2f00e24071/US8486891.pdf
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Clemson University - Advanced Patent Searching: https://clemson.libguides.com/advanced_patent_searching
- Justia - US Patent for Nasal calcitonin formulations containing chlorobutanol: https://patents.justia.com/patent/8486891
