Details for Patent: 5,945,449

Summary for Patent: 5,945,449

Title:	Sterile bicarbonate concentrate
Abstract:	A sterile bicarbonate concentrate for use in the present invention relates to a sterile calcium-free bicarbonate concentrate for use in peritoneal dialysis, hemofiltration, cardiac bypass surgery and in electrolyte replacement therapy.
Inventor(s):	Purcell; Larry Joseph (Toronto, CA), Tobe; Sheldon William (North York, CA)
Assignee:	Dialysis Solutions Inc. (Toronto, CA)
Application Number:	08/961,778
Patent Claim Types: see list of patent claims	Use; Formulation; Device;

Analyzing the Scope and Claims of United States Patent 5,945,449: A Comprehensive Guide

Introduction

When analyzing a patent, understanding its scope and claims is crucial for determining its validity, enforceability, and potential impact on the market. This article will delve into the details of United States Patent 5,945,449, providing a step-by-step guide on how to conduct such an analysis.

Understanding Patent 5,945,449

To begin, it is essential to identify the patent in question. United States Patent 5,945,449 is a utility patent that was granted on August 31, 1999. Here are the key steps to analyze its scope and claims:

Patent Identification

• Patent Number: 5,945,449
• Grant Date: August 31, 1999
• Inventor(s) and Assignee: Identify the inventors and the assignee to understand the ownership and potential licensing agreements.

Accessing the Patent Document

To analyze the patent, you need to access the full-text document. Here are some resources to help you do so:

Using USPTO Resources

• The USPTO's Patent Public Search tool is an excellent resource for finding and viewing patent documents. This tool replaced legacy search tools like PatFT and AppFT and provides enhanced access to prior art[1].
• You can also visit the USPTO Public Search Facility in Alexandria, VA, or contact your nearest Patent and Trademark Resource Center (PTRC) for assistance[1].

Online Databases

• Google Patents is another useful resource that covers full-text patents from major patent offices worldwide. It can help in quickly identifying patent classification codes[4].
• Espacenet and Patentscope, provided by the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO), respectively, also offer full-text searches of international patent applications[4].

Analyzing the Claims

The claims section of a patent is the most critical part, as it defines the scope of the invention.

Types of Claims

• Independent Claims: These claims stand alone and define the invention without reference to other claims.
• Dependent Claims: These claims refer back to and further limit the independent claims.

Claim Construction

• Literal Meaning: Understand the literal meaning of each claim term.
• Contextual Analysis: Analyze the claim terms within the context of the entire patent specification, including the description and drawings.
• Prosecution History: Review the prosecution history to understand any amendments or arguments made during the patent application process.

Understanding the Scope of the Patent

The scope of a patent is determined by its claims, but it is also influenced by other factors.

Prior Art

• Use tools like the Common Citation Document (CCD) to consolidate prior art cited by all participating IP offices for the family members of the patent application. This helps in understanding the novelty and non-obviousness of the invention[1].

Enablement and Written Description

• Ensure that the patent specification provides sufficient enablement and written description to support the claims. This is crucial for the patent's validity, as per guidelines from the USPTO and court decisions like Amgen Inc. et al. v. Sanofi[5].

Patent Landscape Analysis

Understanding the broader patent landscape is essential for assessing the patent's relative value and potential impact.

Competitor Patents

• Conduct a thorough search using databases like PatFT, AppFT, Espacenet, and Patentscope to identify similar patents held by competitors[1][4].

Patent Family

• Use the Global Dossier service to view the patent family for the specific application, including all related applications filed at participating IP offices. This provides a comprehensive view of the patent's global reach[1].

Citation Data

• Analyze citation data to see how the patent is cited by other patents and the impact it has on the field. The CCD application can help in visualizing this data on a single page[1].

Statistical Analysis

For a deeper analysis, statistical data can be invaluable.

Patent Claims Research Dataset

• The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents granted between 1976 and 2014. This dataset can help in understanding trends and measurements of patent scope[3].

Legal and Policy Considerations

Legal and policy aspects can significantly affect the patent's scope and claims.

Small Claims Patent Court

• Consider the feasibility and potential structure of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS). This could impact how disputes related to the patent are resolved[2].

Practical Applications

Understanding the practical applications of the patent is crucial for its commercial viability.

Market Impact

• Assess how the patent affects the market by analyzing industry trends, competitor activity, and consumer demand.
• Example: If the patent is related to a technology with high market demand, its scope and claims become more critical for market domination.

Licensing and Enforcement

• Evaluate the potential for licensing agreements and the enforceability of the patent. Strong claims that are well-supported by the specification can make the patent more attractive for licensing and more defensible in court.

Key Takeaways

• Access and Analysis: Use USPTO resources, online databases, and statistical datasets to access and analyze the patent document.
• Claims Construction: Understand the literal meaning and contextual analysis of claim terms.
• Prior Art and Enablement: Ensure the patent meets novelty, non-obviousness, and enablement requirements.
• Patent Landscape: Analyze competitor patents, patent family, and citation data.
• Legal and Policy: Consider legal and policy implications, including the potential for small claims patent courts.

FAQs

Q: How do I access the full-text document of United States Patent 5,945,449?

A: You can access the full-text document using the USPTO's Patent Public Search tool, Google Patents, or by visiting the USPTO Public Search Facility.

Q: What is the importance of analyzing prior art in patent analysis?

A: Analyzing prior art helps in understanding the novelty and non-obviousness of the invention, which are critical for the patent's validity.

Q: How can I determine the scope of a patent?

A: The scope of a patent is determined by its claims, but it is also influenced by prior art, enablement, and written description.

Q: What is the role of the Global Dossier in patent analysis?

A: The Global Dossier provides access to the file histories of related applications from participating IP offices, helping users understand the patent family and global reach of the patent.

Q: Why is statistical analysis important in patent research?

A: Statistical analysis, such as using the Patent Claims Research Dataset, helps in understanding trends and measurements of patent scope, which can inform strategic decisions.

Sources

1. USPTO - Search for patents: https://www.uspto.gov/patents/search
2. ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
3. USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
4. Harvard Business School - Patent search: A comparative table of databases: https://asklib.library.hbs.edu/faq/266950
5. Federal Register - Guidelines for Assessing Enablement in Utility Applications: https://unblock.federalregister.gov

Drugs Protected by US Patent 5,945,449

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