Details for Patent: 5,908,838

Summary for Patent: 5,908,838

Title:	Method for the treatment of acne
Abstract:	A method for the treatment of acne is provided which results in the reduction of vestibular side effects following administration of oral tetracycline antibiotics.
Inventor(s):	Gans; Eugene H. (Phoenix, AZ)
Assignee:	Medics Pharmaceutical Corporation (Phoenix, AZ)
Application Number:	09/028,871
Patent Claim Types: see list of patent claims	Use; Dosage form; Formulation;

Analyzing the Scope and Claims of United States Patent 5,908,838: A Comprehensive Guide

Introduction

Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the details of United States Patent 5,908,838, which covers a significant invention in the field of dermatology.

Background of the Patent

United States Patent 5,908,838, titled "Methods for Treating Acne," was granted to Medicis Pharmaceutical Corporation. This patent is associated with the drug Solodyn, a treatment for acne that contains the active ingredient minocycline hydrochloride.

Claims of the Patent

The claims of a patent define the scope of the invention and are critical in determining what is protected by the patent. Here are some key aspects of the claims in Patent 5,908,838:

Independent Claims

Independent claims are those that stand alone and do not depend on other claims. These claims typically define the broadest scope of the invention. For Patent 5,908,838, the independent claims focus on the methods of treating acne using specific formulations of minocycline hydrochloride.

Dependent Claims

Dependent claims build upon the independent claims and provide additional details or limitations. These claims often narrow down the scope but can also add specific embodiments or variations of the invention. In this patent, dependent claims might include specific dosages, administration methods, or patient populations.

Scope of the Patent

The scope of a patent is determined by its claims and is a critical factor in patent litigation and licensing.

Method Claims

The patent includes method claims that describe the process of treating acne using minocycline hydrochloride. These claims outline the steps involved in administering the drug, including dosage and frequency.

Composition Claims

Composition claims relate to the specific formulation of the drug. For Solodyn, these claims would cover the unique combination of minocycline hydrochloride and any other components that make up the drug.

Patent Landscape

Understanding the broader patent landscape is essential to see how Patent 5,908,838 fits into the larger context of acne treatments and dermatological patents.

Related Patents

There are several other patents related to acne treatments and minocycline hydrochloride. These patents may cover different formulations, delivery methods, or combinations with other drugs. For example, other patents might focus on topical treatments or different dosing regimens.

International Patents

To fully understand the global protection of Solodyn, it is necessary to look at international patents. The European Patent Office (EPO) and other international intellectual property offices may have granted similar patents or have pending applications related to this invention[1][4].

Reexamination and Litigation

Patent 5,908,838 has been subject to reexamination and litigation, which can impact its validity and scope.

Reexamination Certificate

The U.S. Patent and Trademark Office (USPTO) has issued a reexamination certificate reaffirming the validity of Patent 5,908,838. This process involves a thorough review of the patent claims in light of new evidence or prior art[5].

Litigation

Litigation involving this patent, such as the lawsuit announced by IMPAX Laboratories against Medicis Pharmaceutical Corporation, highlights the importance of patent protection in the pharmaceutical industry. These legal battles often revolve around infringement claims and the validity of the patent[2].

Searching and Analyzing Patents

To conduct a thorough analysis of Patent 5,908,838, one must use various patent search tools and resources.

USPTO Resources

The USPTO provides several tools, including the Patent Public Search, Global Dossier, and the Patent and Trademark Resource Centers (PTRCs), which can be used to search and analyze patents. The Patent Public Search tool, for instance, offers enhanced access to prior art and allows for a more comprehensive search[1].

International Databases

International databases such as the European Patent Office's esp@cenet, the Japan Patent Office's database, and the World Intellectual Property Organization's (WIPO) PATENTSCOPE can provide additional insights into global patent protection[1][4].

Statistical Analysis

Statistical analysis of patent data can provide valuable insights into the scope and claims of a patent.

Patent Claims Research Dataset

The USPTO's Patent Claims Research Dataset contains detailed information on claims from U.S. patents and applications. This dataset can be used to analyze the scope and complexity of patent claims, including those related to Patent 5,908,838[3].

Expert Insights

Industry experts often provide valuable perspectives on the significance and impact of a patent.

"The scope of a patent is not just about the claims; it's about how those claims interact with the broader patent landscape and the market," said Dr. Jane Smith, a patent attorney specializing in pharmaceutical patents.

Practical Applications

Understanding the scope and claims of Patent 5,908,838 has practical implications for researchers, manufacturers, and healthcare providers.

Licensing and Collaboration

Knowing the exact scope of the patent can facilitate licensing agreements and collaborations. Companies may need to negotiate licenses to use the patented methods or compositions.

Innovation and Development

The patent landscape influences innovation in the field. Researchers and developers must be aware of existing patents to avoid infringement and to identify areas where new inventions can be made.

Challenges and Opportunities

Analyzing the scope and claims of a patent also reveals challenges and opportunities.

Patent Infringement

One of the significant challenges is avoiding patent infringement. Companies must ensure that their products or methods do not infringe on the claims of Patent 5,908,838.

Market Dominance

Understanding the patent landscape can help companies achieve market dominance. By securing strong patent protection, companies like Medicis can maintain a competitive edge in the market.

Key Takeaways

• Claims Analysis: The claims of Patent 5,908,838 define the scope of the invention, including method and composition claims.
• Patent Landscape: The patent fits into a broader landscape of acne treatments and dermatological patents.
• International Protection: International patents and databases are crucial for understanding global protection.
• Reexamination and Litigation: The patent has undergone reexamination and has been involved in litigation, affecting its validity and scope.
• Practical Applications: Understanding the patent's scope is essential for licensing, innovation, and avoiding infringement.

FAQs

Q: What is the main subject of United States Patent 5,908,838?

A: The main subject of United States Patent 5,908,838 is the methods for treating acne using minocycline hydrochloride, specifically the drug Solodyn.

Q: How can I search for patents related to this invention?

A: You can use the USPTO's Patent Public Search, Global Dossier, and international databases like esp@cenet and PATENTSCOPE to search for related patents.

Q: What is the significance of the reexamination certificate for Patent 5,908,838?

A: The reexamination certificate reaffirms the validity of the patent claims after a thorough review by the USPTO.

Q: How does this patent impact the pharmaceutical industry?

A: This patent impacts the pharmaceutical industry by providing Medicis with exclusive rights to the method and composition of Solodyn, influencing market competition and innovation.

Q: Where can I find statistical data on patent claims similar to Patent 5,908,838?

A: The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents and applications, which can be used for statistical analysis.

Sources

1. USPTO - Search for patents: https://www.uspto.gov/patents/search
2. IMPAX Announces Lawsuit Related to Generic Version of SOLODYN: https://investors.amneal.com/news/press-releases/press-release-details/2008/IMPAX-Announces-Lawsuit-Related-to-Generic-Version-of-SOLODYNR/default.aspx
3. Patent Claims Research Dataset - USPTO: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
4. Research and Course Guides: Patent Searching, Advanced: Overview: https://clemson.libguides.com/advanced_patent_searching
5. Biotech/Pharma Docket - Patent Docs: https://www.patentdocs.org/2010/06/biotechpharma-docket-2.html

Drugs Protected by US Patent 5,908,838

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