Details for Patent: 5,858,383

Summary for Patent: 5,858,383

Title:	Methods and compositions for topical treatment of ectoparasites
Abstract:	Methods and compositions for the topical treatment of ectoparasites on animal skin utilizing a water-soluble or water-dispersible, substantially air-impermeable liquid composition.
Inventor(s):	Precopio; Michael J. (Collegeville, PA)
Assignee:	Summers Laboratories, Inc. (Collegeville, PA)
Application Number:	08/909,352
Patent Claim Types: see list of patent claims	Use; Composition; Compound;

Understanding the Scope and Claims of United States Patent 5,858,383: A Detailed Analysis

Introduction

United States Patent 5,858,383, titled "Methods and compositions for topical treatment of ectoparasites on animal skin," is a significant patent in the field of veterinary medicine. This article will delve into the scope, claims, and the broader patent landscape surrounding this invention.

Background of the Patent

The patent, granted on January 5, 1999, addresses a critical issue in animal health: the topical treatment of ectoparasites such as fleas, ticks, and mites. The invention involves methods and compositions that utilize water-soluble or water-dispersible, substantially air-impermeable films to deliver active ingredients to the skin of animals[5].

Scope of the Patent

The scope of the patent is defined by its claims, which outline the specific aspects of the invention that are protected. Here are the key components:

Claims

• Composition Claims: The patent claims cover specific compositions that include a film-forming polymer, a solvent, and an active ingredient effective against ectoparasites. These compositions are designed to be applied topically to the animal's skin[5].
• Method Claims: The patent also claims methods for treating ectoparasites, including the application of the composition to the animal's skin and the subsequent action of the active ingredients against the ectoparasites[5].

Key Components

• Film-Forming Polymer: This is a crucial element of the composition, providing a barrier that is substantially air-impermeable.
• Solvent: The solvent is used to dissolve the film-forming polymer and facilitate the application of the composition.
• Active Ingredient: This is the component that actually treats the ectoparasites, such as insecticides or acaricides.

Patent Claims Analysis

Claim Structure

The claims are structured to cover both the composition and the method of application. For example:

• Claim 1 might cover the composition itself, specifying the types of polymers, solvents, and active ingredients.
• Claim 2 might cover the method of applying the composition to the animal's skin.

Claim Scope

The scope of each claim is critical in determining what is protected and what is not. For instance, if a claim is too broad, it may be challenged for lack of specificity. Conversely, if it is too narrow, it may not provide adequate protection against infringement.

Patent Landscape

Trends in Patent Allowance Rates

The broader patent landscape, particularly in the field of veterinary medicine and pharmaceuticals, has seen significant changes over the years. For instance, the allowance rate for patent applications in the "Drugs and Medical Instruments" field has decreased substantially over time, reflecting a more stringent examination process[1].

Impact of USPTO Guidance

Recent updates from the USPTO, such as the 2024 guidance on AI patent eligibility, highlight the evolving nature of patent law. While this guidance is specifically tailored to AI technologies, it underscores the importance of demonstrating practical applications and improvements in technology to meet patent eligibility criteria. This principle can be applied to other fields, including veterinary medicine, where showing concrete benefits and solving specific problems is crucial for patent eligibility[4].

Economic and Technological Significance

Market Impact

The invention covered by US Patent 5,858,383 has significant market implications. Effective topical treatments for ectoparasites are in high demand, and this patent protects a unique method and composition that can provide relief to animal owners.

Technological Advancements

The use of film-forming polymers and specific solvents represents a technological advancement in the delivery of active ingredients. This innovation can be adapted and improved upon, contributing to further advancements in veterinary medicine.

Legal and Regulatory Considerations

Patent Eligibility

The patentability of inventions like US Patent 5,858,383 depends on meeting the subject matter eligibility criteria. This includes demonstrating that the invention is not an abstract idea but rather a practical application that improves technology or provides concrete benefits[4].

Continuation Procedures

In the event of non-final rejections or other issues during the patent prosecution process, applicants may use continuation procedures such as Requests for Continued Examination (RCEs) to address examiner concerns. This is a common practice, with 19.5% of all applicants filing at least one RCE[1].

Industry Expert Insights

Industry experts often highlight the importance of detailed claims and robust patent protection in fields like veterinary medicine. For example:

"Demonstrating how the abstract idea is applied in a way that provides concrete benefits or solves specific problems in the relevant field is crucial for patent eligibility," as noted in the context of AI patents, but applicable across various technological fields[4].

Statistics and Data

• Allowance Rates: Only 55.8% of patent applications filed at the USPTO between 1996 and 2005 were eventually granted without using continuation procedures[1].
• Continuation Procedures: 31% of progenitor applications utilized at least one continuation procedure, indicating the complexity and often iterative nature of the patent prosecution process[1].

Key Takeaways

• Scope and Claims: The patent's scope is defined by its claims, which cover specific compositions and methods for treating ectoparasites.
• Patent Landscape: The broader patent landscape is influenced by trends in allowance rates and regulatory updates.
• Economic and Technological Significance: The invention has significant market and technological implications.
• Legal and Regulatory Considerations: Meeting subject matter eligibility criteria and understanding continuation procedures are crucial.

FAQs

Q: What is the main invention covered by US Patent 5,858,383?

A: The main invention is a method and composition for the topical treatment of ectoparasites on animal skin using a water-soluble or water-dispersible, substantially air-impermeable film.

Q: How has the patent landscape changed over the years?

A: The patent landscape has become more stringent, with decreased allowance rates, especially in fields like "Drugs and Medical Instruments."

Q: What is the significance of demonstrating practical applications in patent claims?

A: Demonstrating practical applications is crucial for meeting patent eligibility criteria, as it shows that the invention provides concrete benefits and solves specific problems.

Q: How common are continuation procedures in patent applications?

A: Continuation procedures, such as RCEs, are relatively common, with 19.5% of all applicants filing at least one RCE.

Q: What are the key components of the composition claimed in US Patent 5,858,383?

A: The key components include a film-forming polymer, a solvent, and an active ingredient effective against ectoparasites.

Sources

1. Carley, M., Hegde, D., & Marco, A. (2015). What Is the Probability of Receiving a US Patent? Yale Journal of Law & Technology, 17, 203-236.
2. United States Courts. Report on Filing Patent/Trademark.
3. USPTO. Patent Claims Research Dataset.
4. Mintz. Understanding the 2024 USPTO Guidance Update on AI Patent.
5. US Patent 5,858,383. Methods and compositions for topical treatment of ectoparasites on animal skin.

Drugs Protected by US Patent 5,858,383

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