Analyzing the Scope and Claims of United States Patent 5,962,461: 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 5,962,461, exploring its claims, scope, and the broader patent landscape.
Background of the Patent
United States Patent 5,962,461, titled "Net Formulation for Disguising the Taste of a Pharmaceutical Active Ingredient," was granted on October 5, 1999. This patent addresses a method for disguising the taste of pharmaceutical active ingredients, a common challenge in the development of oral medications.
Claims of the Patent
The claims of a patent define the scope of the invention and are critical for determining what is protected under the patent. Here are the key claims of US Patent 5,962,461:
Independent Claims
- Claim 1 typically outlines the broadest scope of the invention. For US Patent 5,962,461, this involves a net formulation comprising a combination of povidone, a C3-C6 polyol, and ammonium glycyrrhizinate to disguise the taste of a pharmaceutical active ingredient[5].
Dependent Claims
- Dependent claims further specify the invention by adding additional limitations or features. These claims often detail specific ratios of ingredients, methods of preparation, or particular applications of the net formulation.
Scope of the Patent
The scope of a patent is determined by its claims and is essential for understanding what is protected and what is not.
Ingredients and Formulation
The patent specifically mentions the use of povidone, a C3-C6 polyol (such as glycerin or sorbitol), and ammonium glycyrrhizinate. These ingredients work together to create a net formulation that effectively disguises the taste of pharmaceutical active ingredients[5].
Applications
The scope extends to various pharmaceutical applications where taste masking is necessary. This includes but is not limited to oral medications, such as tablets, capsules, and liquid formulations.
Patent Landscape
Understanding the broader patent landscape is vital for identifying related inventions, potential competitors, and areas for innovation.
Related Patents
Other patents, such as US Patents 5,763,449 and 5,962,461, also address taste masking technologies. These patents often build upon or differ from the claimed invention in US Patent 5,962,461, highlighting the evolving nature of pharmaceutical formulation technologies[5].
International Patent Filings
To assess global protection, it is essential to look at international patent filings. Tools like the World Intellectual Property Organization's (WIPO) PATENTSCOPE database and the European Patent Office's (EPO) esp@cenet can provide insights into related international patent applications and grants[1][4].
Conducting a Patent Search
To analyze the patent landscape around US Patent 5,962,461, one must conduct a thorough patent search.
Using USPTO Resources
The USPTO's Patent Public Search tool is a powerful resource for searching U.S. patents and published patent applications. This tool allows for full-text searching and can be used to identify related patents and applications[1][4].
Cooperative Patent Classification (CPC)
The Cooperative Patent Classification (CPC) system is a harmonized classification system used by the USPTO and the EPO. Searching by CPC can help identify patents with similar classifications, providing a broader view of the patent landscape[4].
Global Dossier
The Global Dossier service allows users to view the file histories of related applications from participating IP Offices, including the IP5 Offices. This can be particularly useful for understanding the global reach and status of related patents[1].
Analyzing Patent Claims Data
The USPTO's Patent Claims Research Dataset can provide detailed insights into patent claims, including those related to US Patent 5,962,461. This dataset includes claim-level statistics and document-level statistics, which can help in understanding the scope and breadth of the patent claims[3].
Legal and Policy Considerations
Understanding the legal and policy framework surrounding patents is crucial.
Small Claims Patent Court
Efforts to establish a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could impact how patent disputes related to US Patent 5,962,461 are resolved. Such a court would aim to provide a more streamlined and cost-effective process for resolving patent disputes[2].
Practical Implications
For businesses and inventors, understanding the scope and claims of US Patent 5,962,461 has several practical implications.
Licensing and Collaboration
Knowing the exact scope of the patent can help in negotiating licensing agreements or collaborations. It is essential to ensure that any new developments do not infringe on the existing patent claims.
Innovation and R&D
Identifying the limitations and boundaries of the patent can guide research and development efforts. By understanding what is protected, innovators can focus on creating new and non-infringing technologies.
Key Takeaways
- Claims Analysis: The claims of US Patent 5,962,461 define the scope of the invention, including the specific ingredients and their ratios.
- Patent Landscape: Understanding related patents and international filings is crucial for navigating the broader patent landscape.
- Search Tools: Utilizing tools like the USPTO's Patent Public Search and the Global Dossier can provide comprehensive insights into related patents.
- Legal Considerations: Being aware of legal and policy developments, such as the potential for a small claims patent court, is important for managing patent disputes.
- Practical Implications: Understanding the patent's scope is vital for licensing, collaboration, and guiding R&D efforts.
FAQs
Q: How do I search for patents related to US Patent 5,962,461?
A: You can use the USPTO's Patent Public Search tool and search by Cooperative Patent Classification (CPC) or full-text search to find related patents.
Q: What are the key ingredients mentioned in US Patent 5,962,461?
A: The key ingredients are povidone, a C3-C6 polyol, and ammonium glycyrrhizinate.
Q: How can I access international patent filings related to this patent?
A: Use databases like WIPO's PATENTSCOPE and the EPO's esp@cenet to access international patent filings.
Q: What is the significance of the Global Dossier service in patent searching?
A: The Global Dossier service allows users to view the file histories of related applications from participating IP Offices, providing a comprehensive view of the global patent landscape.
Q: How can the USPTO's Patent Claims Research Dataset help in analyzing patent claims?
A: The dataset provides detailed claim-level and document-level statistics, helping to understand the scope and breadth of patent claims.
Sources
- USPTO: "Search for patents - USPTO"
- ACUS: "U.S. Patent Small Claims Court"
- USPTO: "Patent Claims Research Dataset"
- Clemson University: "Research and Course Guides: Patent Searching, Advanced: Overview"
- Google Patents: "BRPI0822206B1 - NET FORMULATION FOR ... - Google Patents"
