United States Patent 5,852,002: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 5,852,002, titled "Treatment of conditions and disease," was issued to inventors Falk et al. on December 22, 1998. This patent is part of a series of inventions related to the use of hyaluronic acid in various medical and cosmetic applications. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Background and Invention Overview
The patent 5,852,002 focuses on compositions and methods for treating various conditions and diseases using hyaluronic acid and other active agents. Hyaluronic acid, a naturally occurring polysaccharide, is known for its biocompatibility and ability to retain moisture, making it a versatile component in pharmaceutical and cosmetic formulations[5].
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically describe the composition and the method of treatment. For example:
- Claim 1 might describe a composition comprising hyaluronic acid and a specific drug or active agent.
- Claim 2 could outline a method for treating a particular condition using the composition described in Claim 1.
Dependent Claims
Dependent claims further narrow down the scope by adding specific details to the independent claims. These could include:
- The concentration of hyaluronic acid in the composition.
- The type of active agent used.
- The method of administration (e.g., topical, injectable).
Claim Scope and Validity
The scope of the claims is crucial for determining the patent's validity and enforceability. Overly broad claims can be vulnerable to invalidation due to prior art or failure to meet the written description requirement[3]. The claims in this patent must be anchored to the embodiments disclosed in the specification to avoid such risks.
Patent Landscape
Related Patents
The inventors, Falk et al., have been granted several related patents that complement the scope of 5,852,002. These include:
- U.S. Patent 5,639,738: Focuses on the treatment of basal cell carcinoma and actinic keratosis using hyaluronic acid and NSAIDs.
- U.S. Patent 5,792,753: Describes compositions comprising hyaluronic acid and prostaglandin-synthesis-inhibiting drugs.
- U.S. Patent 5,914,322: Covers the treatment of diseases and conditions using similar compositions[5].
Global Dossier and International Filings
To understand the global reach of this patent, tools like the Global Dossier provided by the USPTO can be useful. This service allows users to see the patent family for a specific application, including related applications filed at participating IP Offices[4].
Litigation and Enforcement
The patent has been involved in litigation, particularly in cases related to generic drug approvals. For instance, the submission of an Abbreviated New Drug Application (ANDA) by TOLMAR, which included a Paragraph IV certification for this patent, led to infringement claims by the patent holders[5].
Economic and Market Impact
Patents like 5,852,002 play a significant role in the pharmaceutical and cosmetic industries by protecting innovative compositions and methods. This protection allows companies to invest in research and development, knowing their inventions will be safeguarded. The economic impact is substantial, as these patents can influence market dynamics and competition.
Statistical Analysis and Trends
Using datasets like the Patent Claims Research Dataset from the USPTO, one can analyze trends in patent claims and scope. This dataset provides detailed information on claims from US patents granted between 1976 and 2014, which can help in understanding the broader patent landscape and how patents like 5,852,002 fit into it[2].
Expert Insights
Industry experts emphasize the importance of getting the claim scope right to avoid invalidation risks. "A patent with overly broad claims runs the risks of being invalidated," notes an article by Rimon Law, highlighting the need for claims to be anchored to the disclosed embodiments[3].
Intradermal Delivery Methods
The use of hyaluronic acid in intradermal delivery methods, as seen in other patents like the Canadian Patent 2662581, underscores the versatility of this compound. These methods involve using hyaluronans as delivery vehicles for bioactive microparticulates, further expanding the application scope of hyaluronic acid[1].
Key Takeaways
- Claim Scope: The claims in U.S. Patent 5,852,002 must be carefully defined to avoid invalidation risks.
- Related Patents: The patent is part of a series of related inventions by Falk et al., covering various medical and cosmetic applications.
- Litigation: The patent has been involved in litigation related to generic drug approvals.
- Market Impact: The patent protects innovative compositions, influencing market dynamics and competition.
- Global Reach: Tools like the Global Dossier help in understanding the international filings and reach of this patent.
FAQs
What is the main focus of U.S. Patent 5,852,002?
The main focus of U.S. Patent 5,852,002 is on compositions and methods for treating various conditions and diseases using hyaluronic acid and other active agents.
Why is the scope of claims important in this patent?
The scope of claims is crucial to avoid invalidation risks due to prior art or failure to meet the written description requirement.
How does this patent relate to other patents by Falk et al.?
This patent is part of a series of related inventions by Falk et al., covering various medical and cosmetic applications involving hyaluronic acid.
What tools can be used to analyze the global reach of this patent?
Tools like the Global Dossier provided by the USPTO can be used to see the patent family for a specific application, including related applications filed at participating IP Offices.
What is the economic impact of this patent?
This patent protects innovative compositions, allowing companies to invest in research and development, and influences market dynamics and competition in the pharmaceutical and cosmetic industries.
Sources Cited
- Canadian Patents Database: COSMETIC COMPOSITION FOR THE TREATMENT OF SKIN AND METHODS THEREOF.
- USPTO: Patent Claims Research Dataset.
- Rimon Law: The Importance of Getting the Claim Scope Right in a US Patent Application.
- USPTO: Search for patents - USPTO.
- RPX Corporation: Leda Dunn Wettre, Esq. Michael J. Gesualdo, Esq. ROBINSON, WETTRE & MILLER LLC.
