Details for Patent: 5,789,449

Summary for Patent: 5,789,449

Title:	Treatment of symptoms associated with premenstrual disorders
Abstract:	There is disclosed a method for treating certain psychiatric symptoms including anger, rejection sensitivity and a lack of mental or physical energy with administration of a nontoxic dose of a serotonin re-uptake blocker. Preferably, the serotonin re-uptake blocker is fluoxetine or norfluoxetine.
Inventor(s):	Norden; Michael J. (Seattle, WA)
Assignee:
Application Number:	08/715,992
Patent Claim Types: see list of patent claims	Use;

Analyzing the Scope and Claims of United States Patent 5,789,449: A Comprehensive Guide

Introduction

Understanding the scope and claims of a patent is crucial for inventors, businesses, and legal professionals. This article will delve into the details of analyzing the scope and claims of a specific patent, using United States Patent 5,789,449 as an example. We will also explore the broader context of patent landscape analysis and the tools available for conducting such analyses.

Understanding the Patent System

Before diving into the specifics of a patent, it's essential to understand the broader patent system. The U.S. Patent and Trademark Office (USPTO) is responsible for granting U.S. patents and registering trademarks. Patents are allocated according to patent ownership information and classified technologically under the World Intellectual Property Organization (WIPO) classification system[4].

Finding the Patent

To analyze a patent, you first need to locate it. The USPTO provides several tools for searching patents, including the Patent Public Search tool, which replaced legacy search tools like PubEast and PubWest. This tool offers enhanced access to prior art and modern interfaces for a more efficient search process[1].

Reading the Patent Document

Once you have found the patent, it's crucial to read and understand the document thoroughly. A patent document typically includes several key sections:

• Abstract: A brief summary of the invention.
• Background of the Invention: Context and prior art related to the invention.
• Summary of the Invention: A detailed description of the invention.
• Detailed Description of the Invention: A comprehensive explanation of the invention, including drawings and examples.
• Claims: The legal definition of the invention, which defines the scope of protection.

Claims Analysis

The claims section is the most critical part of the patent document as it defines what is protected by the patent. Here are some steps to analyze the claims:

Independent and Dependent Claims

• Independent Claims: These claims stand alone and define the invention without reference to other claims.
• Dependent Claims: These claims refer back to an independent claim and further limit the scope of the invention.

Claim Elements

Each claim consists of several elements that describe the invention. For example:

• Preamble: Introduces the claim.
• Transitional Phrase: Connects the preamble to the body of the claim (e.g., "comprising," "consisting of").
• Body of the Claim: Describes the elements of the invention.

Claim Interpretation

Interpreting claims involves understanding the meaning of each term and how they interact. This often requires a deep understanding of the technology and the context in which the invention was made.

Patent Landscape Analysis

Patent landscape analysis is a comprehensive assessment of existing patents within a technology domain. Here are the key steps involved:

Define Scope and Keywords

Identify the technology field and specific terms that best represent the invention. This step is crucial for narrowing down the search to relevant patents[3].

Search and Organize Patents

Use databases such as the USPTO's Patent Public Search or international databases like the European Patent Office's esp@cenet to find relevant patents. Organize these patents by factors like filing date, assignee, and create visual aids like heat maps to visualize the data[3].

Identify Trends and Key Players

Recognize patterns in patent filings and pinpoint significant contributors. This helps in understanding the competitive landscape and identifying key players in the field[3].

Analyze Citations and Evolution

Study how patents reference each other to understand their impact and development. This can reveal the evolution of the technology and the influence of various patents[3].

Generate Insights for Decisions

Translate the analysis outcomes into practical guidance for strategic choices. Evaluate the competitive landscape and potential legal vulnerabilities to inform business decisions[3].

Tools and Resources for Patent Search

Several tools and resources are available for conducting patent searches and landscape analyses:

USPTO Resources

• Patent Public Search: A modern web-based patent search application.
• Global Dossier: Provides access to the file histories of related applications from participating IP Offices.
• Patent and Trademark Resource Centers (PTRCs): Local resources that offer training in patent search techniques[1].

International Resources

• European Patent Office (EPO): Provides access to European patent databases through esp@cenet.
• Japan Patent Office (JPO): Offers machine translations of Japanese patents.
• World Intellectual Property Organization (WIPO): Provides the PATENTSCOPE® Search Service for international patent applications[1].

Example: Analyzing United States Patent 5,789,449

To illustrate the process, let's consider an example analysis of United States Patent 5,789,449, though the specific details of this patent are not provided here.

Step-by-Step Analysis

1. Locate the Patent: Use the USPTO's Patent Public Search tool to find the patent.
2. Read the Patent Document: Understand the abstract, background, summary, detailed description, and claims.
3. Analyze Claims: Identify independent and dependent claims, and interpret each claim element.
4. Conduct Patent Landscape Analysis: Define the scope and keywords, search and organize relevant patents, identify trends and key players, analyze citations, and generate insights.

Key Takeaways

• Understand the Patent Document: Thoroughly read and analyze the patent document, focusing on the claims.
• Use Advanced Search Tools: Utilize tools like the USPTO's Patent Public Search and international databases for comprehensive searches.
• Conduct Landscape Analysis: Assess the broader patent landscape to understand trends, key players, and potential vulnerabilities.
• Interpret Claims Carefully: Claims define the scope of protection; accurate interpretation is crucial for legal and business decisions.

FAQs

Q: How do I find a specific patent using the USPTO's resources?

A: You can use the USPTO's Patent Public Search tool, which provides enhanced access to prior art and modern interfaces for efficient searching[1].

Q: What is the difference between independent and dependent claims in a patent?

A: Independent claims stand alone and define the invention without reference to other claims, while dependent claims refer back to an independent claim and further limit the scope of the invention.

Q: Why is patent landscape analysis important?

A: It helps in understanding the competitive landscape, identifying key players, and informing strategic business decisions by analyzing trends and potential legal vulnerabilities[3].

Q: How can I access international patent databases?

A: You can access international patent databases through resources like the European Patent Office's esp@cenet, Japan Patent Office, and the World Intellectual Property Organization's PATENTSCOPE® Search Service[1].

Q: What tools are available for analyzing patent citations and evolution?

A: Tools like the Common Citation Document (CCD) application consolidate citation data from participating IP Offices, enabling the visualization of citation relationships on a single page[1].

Sources

1. USPTO - Search for patents: https://www.uspto.gov/patents/search
2. USA.gov - U.S. Patent and Trademark Office: https://www.usa.gov/agencies/u-s-patent-and-trademark-office
3. Goldstein Patent Law - How to Do Patent Landscape Analysis: https://www.goldsteinpatentlaw.com/how-to-patent-landscape-analysis/
4. NCSES - Invention: U.S. and Comparative Global Trends: https://ncses.nsf.gov/pubs/nsb20204/invention-u-s-and-comparative-global-trends
5. ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court

Drugs Protected by US Patent 5,789,449

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate