Analyzing the Scope and Claims of United States Patent 5,869,082: A Comprehensive Guide
Introduction
United States Patent 5,869,082, titled "Buccal, non-polar spray for nitroglycerin," is a significant innovation in the field of pharmaceuticals, particularly for the delivery of nitroglycerin. This patent, granted to various inventors, introduces a novel method for administering nitroglycerin through a buccal aerosol spray. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Invention
Nitroglycerin is a widely used medication for the treatment of angina pectoris, a condition characterized by chest pain due to reduced blood flow to the heart. Traditional methods of administering nitroglycerin include sublingual tablets, sprays, and patches. However, these methods have limitations such as slow onset of action and variable bioavailability.
Scope of the Invention
The patent 5,869,082 describes a buccal aerosol spray that uses a non-polar solvent to deliver nitroglycerin. This innovation is designed to enhance the rapid absorption of nitroglycerin through the oral mucosa, providing quicker relief from angina symptoms.
Key Components
- Non-polar Solvent: The use of a non-polar solvent is crucial as it allows for better solubility and stability of nitroglycerin in the aerosol formulation.
- Buccal Delivery: The buccal route of administration bypasses the gastrointestinal tract, reducing first-pass metabolism and increasing bioavailability.
- Aerosol Spray: The aerosol form ensures a consistent and controlled dose delivery, which is essential for managing angina effectively[5].
Claims of the Patent
The patent includes several claims that define the scope of the invention:
Independent Claims
- Claim 1 typically describes the composition of the buccal aerosol spray, including the active ingredient nitroglycerin and the non-polar solvent.
- Claim 2 may specify the concentration of nitroglycerin and the type of non-polar solvent used.
Dependent Claims
- These claims further detail the formulation, such as the presence of additional ingredients like stabilizers or preservatives.
- They may also describe the method of preparation and the specific characteristics of the aerosol spray, such as particle size and spray pattern[5].
Patent Landscape
Prior Art and Related Patents
The patent landscape for buccal delivery systems and nitroglycerin formulations is extensive. Prior art includes various patents related to sublingual and buccal delivery systems, as well as different solvents and formulations for nitroglycerin.
- Global Dossier: Using the Global Dossier service provided by the USPTO, one can access the file histories of related applications from participating IP Offices. This helps in understanding the international patent family and any office actions related to similar inventions[1].
- Common Citation Document (CCD): The CCD application consolidates prior art cited by multiple offices, providing a comprehensive view of the prior art landscape for the same invention[1].
Competing Technologies
Other technologies and patents in the field of buccal delivery systems and nitroglycerin formulations include:
- Sublingual Sprays: Patents like JP2009534387A5 describe different pharmaceutical compositions and delivery systems, which may compete with or complement the buccal aerosol spray[2].
- Transdermal Patches: These are another common method for delivering nitroglycerin and have their own set of patents and innovations.
International Patent Databases
To fully understand the global patent landscape, one must search international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
Search and Analysis Tools
USPTO Resources
- Patent Public Search: This tool provides enhanced access to prior art and is essential for conducting a thorough search of existing patents and published patent applications[1].
- Patent and Trademark Resource Centers (PTRCs): These centers offer local search resources and training in patent search techniques, which can be invaluable for analyzing the patent landscape[1].
Data and Statistics
- Patent Claims Research Dataset: This dataset from the USPTO provides detailed information on claims from U.S. patents and applications, which can help in analyzing the scope and claims of related patents[3].
Legal and Regulatory Aspects
Patent Status and Maintenance
- The legal status of the patent, including any maintenance fees paid and the current ownership, is crucial for understanding its validity and enforceability. For example, the payment history and any changes in ownership can be found through the Patent Assignment Search website[1][4].
International Filings
- Patents like 5,869,082 may have international filings under the Patent Cooperation Treaty (PCT), which allows for a unified procedure for filing patent applications in multiple countries. This can be tracked through the PCT Filing Number and International Publication Number[4].
Key Takeaways
- Innovative Delivery Method: The buccal aerosol spray using a non-polar solvent represents a significant advancement in the delivery of nitroglycerin.
- Comprehensive Patent Landscape: Understanding the prior art, related patents, and international filings is essential for navigating the patent landscape.
- Legal and Regulatory Compliance: Ensuring the patent is properly maintained and understanding its legal status are critical for its enforcement and validity.
FAQs
Q: What is the primary innovation of United States Patent 5,869,082?
A: The primary innovation is the use of a buccal aerosol spray with a non-polar solvent to deliver nitroglycerin, enhancing its rapid absorption through the oral mucosa.
Q: How does the buccal delivery method compare to traditional sublingual tablets?
A: The buccal delivery method provides quicker relief and higher bioavailability compared to traditional sublingual tablets by bypassing the gastrointestinal tract.
Q: What tools can be used to analyze the patent landscape for this invention?
A: Tools such as the USPTO's Patent Public Search, Global Dossier, and Common Citation Document (CCD) can be used to analyze the patent landscape.
Q: Are there international filings for this patent?
A: Yes, patents like this may have international filings under the Patent Cooperation Treaty (PCT), which can be tracked through the PCT Filing Number and International Publication Number.
Q: How can one ensure the patent is properly maintained?
A: Ensuring the patent is properly maintained involves paying the required maintenance fees on time and keeping track of any changes in ownership through the Patent Assignment Search website.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Google Patents - JP2009534387A5: https://patents.google.com/patent/JP2009534387A5/en
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Canadian Patents Database - Patent 2649895 Summary: https://brevets-patents.ic.gc.ca/opic-cipo/cpd/eng/patent/2649895/summary.html
- Justia Patents - US Patent for Buccal, non-polar spray for nitroglycerin: https://patents.justia.com/patent/5869082
