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Last Updated: January 12, 2025

Details for Patent: 5,798,091


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Summary for Patent: 5,798,091
Title: Stabilized gas emulsion containing phospholipid for ultrasound contrast enhancement
Abstract:A gas emulsion forming composition comprising a dry, hollow, particulate, approximately microspherical material permeated with a gas or gas mixture, which upon dissolution in aqueous liquid forms a gas emulsion comprising a plurality of bubbles surrounded by a layer of at least a first and a second surfactant, wherein the first surfactant consists essentially of a phospholipid or mixture of phospholipids having at least one acyl chain which comprises at least 10 carbon atoms, and comprising at least about 5% w/w of total surfactant, and wherein the second surfactant may or may not be a phospholipid and is more water soluble than the first surfactant; kits for preparing such microbubbles; and methods for using such microbubbles as contrast agents.
Inventor(s): Trevino; Leo A. (San Diego, CA), Schutt; Ernest George (San Diego, CA), Klein; David H. (Carlsbad, CA), Tarara; Thomas E. (San Diego, CA), Weers; Jeffry G. (San Diego, CA), Kabalnov; Alexey (San Diego, CA)
Assignee: Alliance Pharmaceutical Corp. (San Diego, CA)
Application Number:08/395,680
Patent Claim Types:
see list of patent claims
Use; Compound; Composition;
Patent landscape, scope, and claims:

Analyzing the Scope and Claims of United States Patent 5,798,091

Introduction

When analyzing a patent, understanding its scope and claims is crucial for determining its validity, enforceability, and potential impact on the market. This article will delve into the details of United States Patent 5,798,091, exploring its claims, scope, and the broader patent landscape.

Understanding Patent Claims

Patent claims are the heart of any patent, defining the scope of the invention and what is protected by the patent. Claims can be independent or dependent, with independent claims standing alone and dependent claims referring back to an earlier claim[3].

Patent 5,798,091 Overview

To analyze the scope and claims of U.S. Patent 5,798,091, one must first identify the patent's title, inventors, and the date it was granted. Here is a general outline:

  • Title: The title of the patent provides a brief description of the invention.
  • Inventors: The names of the individuals who developed the invention.
  • Grant Date: The date when the patent was officially granted.

Claim Analysis

Independent Claims

Independent claims are the broadest claims in a patent and define the invention without reference to other claims. These claims are critical because they set the boundaries of what is considered novel and non-obvious.

Dependent Claims

Dependent claims narrow down the scope of the independent claims by adding additional limitations. These claims are often used to protect specific embodiments or variations of the invention.

Scope of the Patent

The scope of a patent is determined by its claims and is a key factor in patent litigation and licensing. Here are some aspects to consider:

Claim Language

The language used in the claims is crucial. Broader claims may cover a wider range of applications but are more likely to be challenged for being overly broad or lacking clarity[3].

Prior Art

Prior art refers to existing knowledge and inventions that predate the patent application. Ensuring that the claims do not overlap with prior art is essential for the patent's validity.

Patent Landscape

Global Dossier

For patents with international filings, tools like the Global Dossier can provide insights into the patent family, including related applications filed at participating IP Offices. This helps in understanding how the patent is treated globally[1].

Cooperative Patent Classification (CPC)

The CPC database is a useful resource for finding relevant classification schemes. This can help in identifying similar patents and understanding the broader technological landscape[4].

Searching and Analyzing Patents

To conduct a thorough analysis, one can use various resources provided by the USPTO and other international patent offices.

Patent Public Search

The USPTO's Patent Public Search tool offers enhanced access to prior art and allows for comprehensive searching of patent documents. This tool can help in identifying similar patents and assessing the novelty of the invention[1].

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 access to international patent collections. These resources are essential for a global analysis of the patent landscape[1].

Practical Steps for Analysis

Step-by-Step Search Strategy

The USPTO provides a step-by-step strategy for conducting a preliminary U.S. patent search. This includes using the Patent Public Search tool, searching by Cooperative Patent Classification (CPC), and utilizing other resources like the Global Dossier and Common Citation Document (CCD)[1][4].

Utilizing Patent and Trademark Resource Centers (PTRCs)

Local PTRCs offer training in patent search techniques and maintain local search resources, which can be invaluable for a detailed analysis[1].

Metrics for Measuring Patent Scope

Research has identified simple metrics to measure patent scope, such as independent claim length and independent claim count. These metrics can help in understanding the breadth of the patent and its potential impact on innovation[3].

Impact on Innovation

The scope and claims of a patent can significantly influence innovation. Broader claims may lead to increased licensing and litigation costs, potentially discouraging further innovation in the field. Conversely, narrower claims can facilitate a smoother examination process and higher grant probabilities[3].

Key Takeaways

  • Claims Analysis: Independent and dependent claims define the scope of the patent.
  • Scope Determination: Claim language, prior art, and global filings are crucial.
  • Patent Landscape: Tools like Global Dossier and CPC database help in understanding the broader landscape.
  • Search Strategies: Utilize USPTO resources and international databases for comprehensive analysis.
  • Metrics: Independent claim length and count can measure patent scope.

FAQs

Q: How do I find the claims of U.S. Patent 5,798,091? A: You can find the claims by searching the patent on the USPTO's Patent Public Search tool or other patent databases.

Q: What is the importance of independent claims in a patent? A: Independent claims define the broadest scope of the invention and stand alone without reference to other claims.

Q: How can I determine if a patent overlaps with prior art? A: Conduct a thorough search using resources like the Patent Public Search tool and international patent databases to identify existing knowledge and inventions.

Q: What is the Global Dossier, and how does it help in patent analysis? A: The Global Dossier provides access to file histories of related applications from participating IP Offices, helping users understand the global patent family.

Q: Why are metrics like independent claim length and count important? A: These metrics help in measuring the scope of the patent and can predict the likelihood of grant and the duration of the examination process.

Sources

  1. USPTO - Search for patents: https://www.uspto.gov/patents/search
  2. U.S. Patent and Trademark Office (USPTO) | USAGov: https://www.usa.gov/agencies/u-s-patent-and-trademark-office
  3. Patent Claims and Patent Scope - Search eLibrary :: SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
  4. Clemson University Libraries - Advanced Patent Searching: https://clemson.libguides.com/advanced_patent_searching

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Drugs Protected by US Patent 5,798,091

ApplicantTradenameGeneric NameDosageNDAApproval DateTETypeRLDRSPatent No.Patent ExpirationProductSubstanceDelist Req.Patented / Exclusive UseSubmissiondate
No data available in table
>Applicant>Tradename>Generic Name>Dosage>NDA>Approval Date>TE>Type>RLD>RS>Patent No.>Patent Expiration>Product>Substance>Delist Req.>Patented / Exclusive Use>Submissiondate
Showing 0 to 0 of 0 entries

International Family Members for US Patent 5,798,091

CountryPatent NumberEstimated ExpirationSupplementary Protection CertificateSPC CountrySPC Expiration
Australia 4922196 ⤷  Subscribe
Australia 5199701 ⤷  Subscribe
Australia 694135 ⤷  Subscribe
Australia 731099 ⤷  Subscribe
Austria 281183 ⤷  Subscribe
>Country>Patent Number>Estimated Expiration>Supplementary Protection Certificate>SPC Country>SPC Expiration
Showing 1 to 5 of 5 entries

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