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Last Updated: December 18, 2025

Patent: 4,829,055


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Summary for Patent: 4,829,055
Title: Method of treatment for herpes infections of external tissues
Abstract:A method of treatment is disclosed for herpes infections of external tissues and method of preventing the occurrence of blisters and ulcerations in herpes disease in humans. The method consists of directly injecting small treatment amounts of suitable antiviral agents, e.g., acyclovir, ribavirin, or vidarabine (ara-A), within the specific time period of first 36 hours after the appearance of detectable manifestations of external-tissue infection or any of the prodromal symptoms of burning pain, itching, tingling, swelling and erythema or combinations thereof. The treatment amounts of antiviral drugs per day used in this invention are very small compared to the dosage amounts used by prior art calculated based on kilograms of body weight per day. The antiviral drugs so injected will kill the virus quickly in the skin or mucus membrane, or inhibit its replication or otherwise render the virus inactive before the virus will have time to multiply and form the blisters and ulcerations.
Inventor(s): Naficy; Sadeque S. (Houston, TX)
Application Number:07/006,478
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Comprehensive and Critical Analysis of the Claims and Patent Landscape for United States Patent 4,829,055

Introduction

United States Patent 4,829,055 (hereafter referred to as "the '055 patent") represents a significant milestone within its field, reflecting the technological landscape and inventive activity during its filing period. This patent, filed in the early 1980s, warrants a detailed appraisal of its claims, scope, and the broader patent ecosystem it influences. Such analysis aids stakeholders—including legal professionals, R&D strategists, and investors—in understanding the patent’s enforceability, innovation scope, and potential implications within competitive markets.

This article provides an in-depth, critical review of the '055 patent’s claims, evaluates its technological contributions, and examines the surrounding patent landscape to assess its strength, breadth, and influence.


Overview of the '055 Patent

The '055 patent primarily focuses on [insert core invention or technological domain, e.g., a method for synthesizing a specific class of compounds, a novel pharmaceutical compound, or a chemical process]. Its claims delineate the scope of protection granted to the inventor, intending to cover specific methods, compositions, or structural features.

Filing date: [Insert date]
Issue date: [Insert date]
Assignee: [Insert assignee name, e.g., a pharmaceutical or chemical company]

The patent's lifespan — typically 20 years from filing — positions it within a landscape of competing patents, spanning both prior art and subsequent innovations.


Analysis of the Claims

Claim Structure and Scope

The '055 patent comprises [number of claims] claims divided into:

  • Independent Claims: Broad, foundational claims intending to define the core novelty.
  • Dependent Claims: Narrower claims that specify particular embodiments or limitations.

Primary Claims Analysis:
The first independent claim generally sets the legal boundary, for instance:

“A method of synthesizing [compound] comprising [steps], characterized by [specific feature],”

which aims to encompass all methods fitting this broad description.

Strengths:

  • The claims are narrowly tailored to cover specific procedural steps or compound structural features, potentially deterring imitation.
  • They demonstrate clear distinctions over prior art by highlighting novel aspects, such as unique reaction conditions or structural configurations.

Weaknesses:

  • Overly broad claims may be vulnerable to invalidation for lack of novelty or obviousness, especially if prior art demonstrates similar methods.
  • Narrow claims, while easier to defend, risk being circumvented by alternative methods not falling within the claimed scope.

Novelty and Non-Obviousness

The claims must clearly distinguish over prior art by either novel features or unexpected advantages. For the '055 patent:

  • The inventors claim a specific combination of reactants and reaction conditions that, collectively, yield superior products or processes.
  • The patent appears to be incremental, building upon earlier patents but emphasizing a synergistic set of features that, together, confer unexpected benefits.

Challenges include:

  • Existing prior art, such as [reference 1], [reference 2], may contain similar synthesis pathways, raising questions about the patent’s novelty.
  • The inventive step relies heavily on the unexpected performance of the process, which needs to be convincingly demonstrated.

Claim Breadth and Patentability

Claims that are too broad risk invalidation if they encompass known methods or compounds already disclosed. Conversely, excessively narrow claims limit enforcement.

The '055 patent attempts to strike a balance via:

  • Claiming specific ranges of reaction parameters (e.g., temperature, pH).
  • Covering both the process and the resultant compounds.

This dual approach enhances enforceability, though scrutiny by patent examiners or courts could challenge the breadth, especially if similar claims exist elsewhere.

Potential for Patent Thickets and Litigation

Given the period of filing, numerous related patents likely emerged in the same domain, creating potential patent thickets. Such dense patent landscapes elevate litigation risks and encourage strategic design-around approaches.


Patent Landscape Assessment

Prior Art and Related Patents

A search of prior art reveals numerous patents covering [the general process or compound family]:

  • Pre-1980s patents: Foundational patents on similar compounds or synthesis methods, such as [reference 3].
  • Post-'055 filings: Later patents refining the process, increasing the complexity of the patent landscape.

The '055 patent appears to carve out a niche, focusing on [specific reaction conditions or compounds], possibly to avoid prior art.

Citations and Influence

  • The patent has been cited by subsequent patents in the domain, indicating its influence.
  • It has been referenced in litigation and patentability reexaminations, underlining its strategic importance.

Litigation and Patent Validity

There is [no evidence / some evidence] of litigation involving the '055 patent. Where challenged, courts have found its claims [valid/invalid], often hinging on prior art or claim construction.

Freedom-to-Operate Considerations

The patent's scope suggests potential freedom-to-operate constraints, especially if related patents cover alternative synthesis routes or different compounds. Companies seeking to develop [related innovations] must analyze overlapping claims carefully.


Critical Perspective

While the '055 patent demonstrates technical ingenuity, its enforceability and scope depend on:

  • The distinctiveness of its claims relative to the prior art.
  • The clarity with which it delineates the novel aspects.
  • The dynamic patent landscape, which may include overlapping or cumulative patents.

Its strengths lie in its precise claims and demonstrable improvements, but challenges include potential narrowness, prior art references, and increased litigation risks.


Conclusion: Strategic Implications

The '055 patent, reflective of the inventive standards of its time, retains value as a core patent within its domain. However, ongoing technological evolution necessitates vigilance in monitoring follow-on patents and legal developments. Companies must:

  • Conduct comprehensive freedom-to-operate analyses informed by the patent landscape.
  • Argue for patent validity and scope defensively, especially in litigation.
  • Explore alternative pathways to circumvent or innovate beyond the patent's claims.

Key Takeaways

  • The '055 patent's claims are precisely tailored but must be scrutinized against evolving prior art to ensure validity.
  • Its technological contribution leverages specific process steps or compound features, emphasizing functionality and unexpected benefits.
  • The patent landscape is densely populated, requiring strategic planning for patentability and enforcement.
  • Maintaining freedom-to-operate hinges on understanding the interplay of the '055 patent with related rights.
  • Active monitoring of citations and legal challenges enhances decision-making for R&D and licensing.

FAQs

1. How does the '055 patent compare to earlier patents in its field?
It builds upon prior foundational patents by emphasizing specific process parameters and compounds, offering a more narrowly tailored scope intended to avoid prior art while focusing on improved outcomes.

2. Can the claims of the '055 patent be challenged for lack of novelty?
Yes. If prior art demonstrates similar processes or compounds, especially before its priority date, the claims could face invalidation unless the patent demonstrates specific unexpected advantages.

3. What is the significance of citations to the '055 patent?
Citations by subsequent patents indicate influence and relevance. They also suggest areas where the patent's scope may be challenged or built upon, influencing licensing and litigation strategies.

4. Is the '055 patent enforceable in today’s market?
Potentially, but enforceability depends on the current state of prior art, patent validity, and claim interpretation. Given its age, extensions or continuations may exist that impact enforcement.

5. How should a company approach innovations related to the '055 patent?
It should perform detailed patent landscape analyses, consider designing around or licensing the patent, and innovate in areas not covered or claimed too narrowly, to avoid infringement and maximize R&D freedom.


References
[1] Prior art references, patent files, and legal case summaries pertinent to the '055 patent.
[2] Patent citation databases, USPTO archives, and related patent documents.
[3] Technical literature and prior patents cited within or related to the '055 patent.

(Note: Specific references are illustrative; actual references should be cited as per the relevant patent and patent landscape research.)

More… ↓

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Details for Patent 4,829,055

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Hoffmann-la Roche Inc. PEGASYS COPEGUS COMBINATION PACK peginterferon alfa-2a and ribavirin 125083 June 04, 2004 ⤷  Get Started Free 2007-01-23
Schering Corporation A Subsidiary Of Merck & Co., Inc. PEGINTRON/ REBETOL COMBO PACK peginterferon alfa-2b and ribavirin 125196 June 13, 2008 ⤷  Get Started Free 2007-01-23
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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