United States Patent 5,880,283: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 5,880,283, hereafter referred to as the '283 Patent, is a significant intellectual property asset in the pharmaceutical sector. This patent, granted to the assignees of the invention, pertains to a specific compound and its production process. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The '283 Patent was filed on December 5, 1995, and it relates to the compound gatifloxacin sesquihydrate, a type of antibiotic. The patent describes the compound, its stability, and the process for producing it[2].
Scope of the Patent
The scope of the '283 Patent is defined by its claims, which outline the specific aspects of the invention that are protected. Here are the key elements:
Compound Description
The patent claims gatifloxacin sesquihydrate, a crystalline form of the antibiotic gatifloxacin. This compound is notable for its stability and efficacy in treating bacterial infections[2].
Production Process
The patent details a process for producing gatifloxacin sesquihydrate, which involves specific steps to ensure the stability and purity of the compound. This process is crucial for maintaining the pharmaceutical properties of the drug[1].
Stability and Dissolution
A significant aspect of the patent is the improved stability and dissolution rates of the gatifloxacin sesquihydrate compared to other forms of the compound. This is particularly important for pharmaceutical applications, as it affects the drug's bioavailability and effectiveness[1].
Claims of the Patent
The claims of the '283 Patent are the legal definitions of what is protected by the patent. Here are some key claims:
Claim 1
Claim 1 specifically claims gatifloxacin sesquihydrate, defining it as a crystalline form of the antibiotic. This claim sets the foundation for the patent's protection[2].
Subsequent Claims
Subsequent claims may include variations in the production process, specific conditions for crystallization, and other aspects that contribute to the stability and efficacy of the compound.
Patent Landscape
The patent landscape surrounding the '283 Patent involves several key aspects:
Prior Art
The patent application and subsequent grant were based on a thorough review of prior art in the field. This includes other patents and publications related to gatifloxacin and its various forms[4].
Related Patents
There are several related patents and applications that pertain to gatifloxacin and its derivatives. These patents may cover different aspects such as other crystalline forms, different production processes, or additional pharmaceutical applications[1].
International Protection
The '283 Patent has international counterparts, as indicated by the various country-specific patent numbers listed. This global protection is crucial for maintaining intellectual property rights across different markets[1].
Litigation and Challenges
The '283 Patent has been involved in legal proceedings, such as the case of Senju Pharmaceutical Co., Ltd. v. Lupin Ltd., where the validity of the reexamined claims was challenged. Such litigation highlights the importance of robust patent claims and the ongoing need to defend intellectual property rights[5].
Search and Analysis Tools
For professionals analyzing the '283 Patent, several tools and resources are available:
USPTO Patent Public Search
The USPTO's Patent Public Search tool allows for comprehensive searches of patent documents, including prior art and related patents. This tool is essential for understanding the broader patent landscape[4].
Global Dossier
The Global Dossier service provides access to file histories of related applications from participating IP Offices, helping to identify the patent family and related applications globally[4].
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset offers detailed information on claims from US patents and applications, which can be used to analyze the scope and claims of the '283 Patent[3].
Economic and Strategic Impact
The '283 Patent has significant economic and strategic implications:
Market Dominance
The patent protects a valuable pharmaceutical compound, giving the assignees a competitive edge in the market. This can lead to higher market share and revenue.
Research and Development
The stability and efficacy of gatifloxacin sesquihydrate, as protected by the patent, can drive further research and development in the field of antibiotics.
Licensing and Collaboration
The patent can be a valuable asset for licensing and collaboration agreements, allowing other companies to use the protected technology under specific terms.
Conclusion
The '283 Patent is a critical intellectual property asset in the pharmaceutical industry, particularly in the development and production of gatifloxacin sesquihydrate. Understanding its scope, claims, and the broader patent landscape is essential for business professionals, researchers, and legal experts.
Key Takeaways
- Compound and Process: The patent protects gatifloxacin sesquihydrate and its production process.
- Stability and Efficacy: The compound has improved stability and dissolution rates.
- Claims and Scope: The patent's claims define what is protected, including the compound and its production.
- Patent Landscape: The patent has international counterparts and has been involved in litigation.
- Search and Analysis Tools: Various USPTO tools are available for analyzing the patent and its context.
- Economic and Strategic Impact: The patent has significant implications for market dominance, research, and licensing.
FAQs
Q: What is the main compound protected by the '283 Patent?
A: The main compound protected is gatifloxacin sesquihydrate, a crystalline form of the antibiotic gatifloxacin.
Q: Why is the stability of gatifloxacin sesquihydrate important?
A: The stability of gatifloxacin sesquihydrate is crucial for its pharmaceutical properties, affecting its bioavailability and effectiveness.
Q: How can one search for related patents and prior art?
A: One can use the USPTO's Patent Public Search tool and the Global Dossier service to search for related patents and prior art.
Q: Has the '283 Patent been involved in any legal challenges?
A: Yes, the '283 Patent has been involved in legal proceedings, such as the case of Senju Pharmaceutical Co., Ltd. v. Lupin Ltd.
Q: What are the economic implications of the '283 Patent?
A: The patent can lead to market dominance, drive further research and development, and be a valuable asset for licensing and collaboration agreements.
Sources
- US5880283A - 8-alkoxyquinolonecarboxylic acid hydrate with excellent stability and process for producing the same - Google Patents
- IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT ... - Insight.RPXCorp
- Patent Claims Research Dataset - USPTO
- Search for patents - USPTO - USPTO
- Senju Pharmaceutical Co., Ltd. v. Lupin Ltd. - Robins Kaplan
