Analyzing the Scope and Claims of United States Patent 5,776,894: A Comprehensive Guide
Introduction
United States Patent 5,776,894, titled "Chelated somatostatin peptides and complexes," is a patent that deals with a method for the in vivo treatment of somatostatin receptor-positive tumors and metastases. This analysis will delve into the scope and claims of the patent, as well as the broader patent landscape surrounding this technology.
Patent Overview
Title and Abstract
The patent, granted on July 7, 1998, describes a method for treating somatostatin receptor-positive tumors by administering chelated somatostatin peptides. These peptides are designed to target and bind to somatostatin receptors, which are often overexpressed in certain types of tumors, thereby facilitating targeted therapy[5].
Scope of the Patent
Claims
The patent includes several claims that define the scope of the invention. Here are the key claims:
- Claim 1: A method for in vivo treatment of somatostatin receptor-positive tumors and metastases, comprising administering to a subject in need of such treatment a chelated somatostatin peptide.
- Claim 2: The method of claim 1, wherein the chelated somatostatin peptide is conjugated to a radionuclide.
- Claim 3: The method of claim 1, wherein the chelated somatostatin peptide is conjugated to a cytotoxic agent.
These claims outline the core aspects of the invention, including the use of chelated somatostatin peptides, their conjugation to radionuclides or cytotoxic agents, and their application in treating specific types of tumors[5].
Patent Landscape Analysis
Defining Scope and Keywords
To analyze the patent landscape surrounding US 5,776,894, it is crucial to define the scope and identify relevant keywords. Key terms include "somatostatin peptides," "chelated peptides," "tumor treatment," and "targeted therapy"[3].
Search and Organize Patents
Using patent databases such as the USPTO's Patent Public Search tool, the European Patent Office's esp@cenet, and the World Intellectual Property Organization's PATENTSCOPE, one can retrieve patents related to these keywords. Organizing these patents by factors like filing date, assignee, and technology subcategories helps in understanding the evolution and distribution of related patents[1][3].
Identify Trends and Key Players
The analysis reveals several trends and key players in the field of targeted tumor therapy using somatostatin peptides:
- Trends: There has been a significant increase in patent filings related to targeted therapies, especially those involving peptides and radionuclides. This trend indicates ongoing innovation in cancer treatment technologies.
- Key Players: Pharmaceutical companies and research institutions such as Novartis, Merck, and various universities have been actively involved in developing and patenting similar technologies[3].
Analyze Citations and Evolution
Studying how patents reference each other provides insights into the impact and development of the technology. For example, US 5,776,894 has been cited by numerous subsequent patents related to targeted cancer therapies, indicating its influence on the field. The evolution of these patents shows advancements in conjugation techniques, radionuclide selection, and the development of new cytotoxic agents[3].
Generate Insights for Decisions
The analysis translates into practical guidance for strategic decisions:
- Competitive Landscape: Understanding the patent landscape helps in identifying competitors and potential collaborators. It also highlights areas where there is a need for further innovation.
- Legal Vulnerabilities: Analyzing the claims and scope of existing patents like US 5,776,894 can help in identifying potential legal vulnerabilities and opportunities for differentiation[3].
International Patent Landscape
Search International Patent Offices
To see if similar ideas have been patented abroad, it is essential to refer to searchable databases from other international intellectual property offices. For instance, the European Patent Office (EPO) and the Japan Patent Office (JPO) provide access to machine translations of European and Japanese patents, respectively. This helps in understanding the global patent landscape and potential international competitors[1].
Tools and Resources for Patent Search
USPTO Resources
The USPTO offers several tools for conducting a thorough patent search, including the Patent Public Search tool, Global Dossier, and the Patent and Trademark Resource Centers (PTRCs). These resources provide enhanced access to prior art and help in identifying related applications from participating IP offices[1].
Public Search Facility and PTRCs
The USPTO Public Search Facility in Alexandria, VA, and local PTRCs offer trained staff assistance and access to patent and trademark information in various formats. These resources are invaluable for conducting detailed patent searches and landscape analyses[1].
Case Study: Hydrogen and Fuel Cell Technologies
Patent Tracking and Analysis
The Department of Energy's Hydrogen and Fuel Cell Technologies Office (HFTO) conducts annual reviews of patents related to fuel cells, hydrogen production, delivery, and storage. This approach can be applied to the field of somatostatin peptides by tracking patent applications and awards, identifying trends, and analyzing the impact of these patents on the technological landscape[4].
Key Takeaways
- Patent Scope: US 5,776,894 is focused on the use of chelated somatostatin peptides for targeted tumor therapy.
- Patent Landscape: The landscape is characterized by ongoing innovation in targeted therapies, with key players including pharmaceutical companies and research institutions.
- International Landscape: Global patent searches are crucial for understanding international competitors and potential legal vulnerabilities.
- Tools and Resources: Utilizing USPTO resources, international patent databases, and local PTRCs is essential for comprehensive patent searches and landscape analyses.
FAQs
What is the main claim of US 5,776,894?
The main claim of US 5,776,894 is a method for in vivo treatment of somatostatin receptor-positive tumors and metastases by administering a chelated somatostatin peptide.
How can I conduct a patent landscape analysis for somatostatin peptides?
To conduct a patent landscape analysis, define the scope and keywords, search and organize relevant patents, identify trends and key players, analyze citations and evolution, and generate insights for strategic decisions.
What tools are available for searching patents related to somatostatin peptides?
Tools available include the USPTO's Patent Public Search, Global Dossier, Public Search Facility, and PTRCs, as well as international databases like esp@cenet and PATENTSCOPE.
Why is it important to analyze the international patent landscape?
Analyzing the international patent landscape helps in identifying global competitors, understanding legal vulnerabilities, and uncovering opportunities for international collaboration and innovation.
How can I identify trends in patent filings related to somatostatin peptides?
Identify trends by organizing patents by filing date, assignee, and technology subcategories, and by studying the citations and references between patents to understand the evolution of the technology.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
- Goldstein Patent Law - How to Do Patent Landscape Analysis: https://www.goldsteinpatentlaw.com/how-to-patent-landscape-analysis/
- Department of Energy - hfto-2021-patent-analysis.pdf: https://www.energy.gov/sites/default/files/2023-03/hfto-2021-patent-analysis.pdf
- Google Patents - US5776894A: https://patents.google.com/patent/US5776894A/en
