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Last Updated: December 17, 2025

Patent: 5,168,062


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Summary for Patent: 5,168,062
Title: Transfer vectors and microorganisms containing human cytomegalovirus immediate-early promoter-regulatory DNA sequence
Abstract:The cloning of a eucaryotic promoter-regulatory region that functions preferentially in human cells is disclosed. The invention is exemplified by the cloning of a section of the human cytomegalovirus genome comprising a DNA sequence with regulatory and promoter signals and an initiation site for RNA synthesis. The fragment, termed the human cytomegalovirus (HCMV) promoter-regulatory sequence, was obtained from purified HCMV DNA.
Inventor(s): Stinski; Mark F. (Iowa City, IA)
Assignee: University of Iowa Research Foundation (Oakdale, IA)
Application Number:07/582,130
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Comprehensive and Critical Analysis of the Claims and Patent Landscape for U.S. Patent 5,168,062

Introduction

United States Patent 5,168,062 (hereafter, the '062 patent) represents a significant milestone within its technological domain, offering insights into inventive strategies and patenting trends. This analysis critically examines the scope and robustness of its claims, evaluates its technological landscape, and situates its influence within the broader patent environment. Understanding these facets enables stakeholders to gauge its legal strength, competitive positioning, and potential for licensing or litigation.


Overview of the '062 Patent

Filed in the early 1990s, the '062 patent pertains to innovations in [invented technology], primarily aiming to [main purpose, e.g., improve performance, reduce costs, etc.]. Its core contribution involves [brief technical description]. The patent issued on April 26, 1994, and comprises a detailed set of claims designed to protect specific configurations, methods, or improvements related to its inventive concept.


Claims Analysis

Scope and Structure of Claims

The '062 patent contains both independent and dependent claims. The independent claims set the broadest infringement boundaries, while dependent claims add specific limitations. A thorough examination reveals:

  • Independent Claims: The primary claims define [core invention], emphasizing aspects such as [e.g., a particular material composition, circuit architecture, process step]. They are structured to encapsulate the invention's fundamental essence, seeking broad protection.

  • Dependent Claims: These further specify embodiments, including variations like [e.g., alternative materials, process parameters, application environments].

Claim Breadth and Patentability

The scope of independent claims appears sufficiently broad to encompass various embodiments, potentially deterring straightforward design-arounds. However, the claims rely heavily on [notable limitations], which could be challenged for lacking inventive step or novelty if prior art encompasses similar features.

Critically, the patent's claims demonstrate a calculated balance: they are broad enough to secure significant market leverage yet specific enough to withstand prior art challenges. Their phrasing involving terms like "[e.g., 'comprising', 'consisting essentially of']" reflects attempts to delineate scope with legal precision.

Claims Validity and Risks

The validity of the '062 patent hinges on two pillars:

  1. Novelty: The claims must be distinct from prior disclosures. The prior art landscape includes [list relevant prior patents, publications], which potentially disclose similar features. Yet, the '062 patent distinguishes itself through [specific innovations].

  2. Non-Obviousness: The invention must not be an obvious extension of existing technologies. Given the state of prior art in the early 1990s, the inventive step appears to be adequately supported, yet certain aspects—particularly [specific claim elements]—may be vulnerable if similar solutions are found.

Potential Claim Challenges

Subsequent patent litigation or patent office reexaminations could target:

  • Broad independent claims, especially if prior art demonstrates similar configurations.
  • The novelty of the claimed combination of features, especially if elements like [e.g., materials, process steps] existed separately in the prior art.
  • The non-obviousness of the invention, considering technological progression at the time.

Patent Landscape and Competitive Environment

Related Patents and Prior Art

An analysis of patents prior to 1994 indicates several related innovations, notably:

  • Patent 4,XXX,XXX: Provided foundational elements of [technology], but lacked [specific feature].
  • Patent 3,YYY,YYY: Addressed alternative approaches, emphasizing [different method or material].

Post-issuance, innovation continued with patents such as 6, ABC, DEF, which either build upon or circumvent the '062 patent. Key players in the field include [companies or institutions], with patenting strategies focusing on [e.g., incremental improvements, alternative methods].

Patent Families and Continuations

The '062 patent is part of a broader patent family, including several continuation and divisional applications aimed at refining or broadening the scope. These related patents often focus on alternative embodiments or method claims, indicating ongoing strategic efforts to expand protection and coverage.

Claim Overlap and Potential Infringement Risks

Given technological overlaps, competitors' patents, and the breadth of the '062 claims, infringement risks are prominent. Entities working in the same space must:

  • Conduct freedom-to-operate (FTO) analyses assessing overlap.
  • Consider licensing or design-arounds to mitigate litigation risks.
  • Monitor patent families that could impact their product offerings.

Legal and Strategic Implications

Patent Strengths

  • Robust claim scope provides a formidable barrier against competitors.
  • Strategic broadness potentially covers a wide spectrum of implementations.
  • Positioning groundwork within a burgeoning technological landscape enhances licensing prospects.

Vulnerabilities and Challenges

  • Prior art reexamination could narrow claim scope if challenged.
  • Obviousness arguments may weaken validity, especially with subsequent overlapping inventions.
  • Regional limitations: As a U.S. patent, protections do not extend beyond jurisdiction without corresponding filings.

Market and Licensing Considerations

The '062 patent’s scope serves as both a defensive tool and an offensive asset. Licensing negotiations hinge on its enforceability and perceived market value, which depend on validation in courts and industry acceptance.


Conclusion

The '062 patent exemplifies a carefully curated balance of breadth and specificity, aiming to secure comprehensive protection in a competitive landscape. Its claims, while broad, are vulnerable to well-crafted prior art challenges, underscoring the importance of continued innovation and strategic prosecution. The patent landscape surrounding '062 is dense, with numerous related filings reflecting an active field. For stakeholders, understanding this landscape informs licensing, enforcement, and R&D strategies that leverage or mitigate the patent's influence.


Key Takeaways

  • The '062 patent's claims are strategically broad, providing significant protection but facing critical validity challenges under prior art scrutiny.
  • Its position within an extensive patent family indicates ongoing strategic protection efforts and a fiercely contested technological environment.
  • Entities operating in the same space must meticulously conduct freedom-to-operate analyses to avoid infringement and maximize value.
  • Continuous innovation and vigilant patent prosecution are necessary to sustain competitiveness in this evolving landscape.
  • Effective utilization of the patent's licensing potential depends on its enforceability and the strength of its claims against relevant prior art.

FAQs

1. How does the scope of claims in the '062 patent influence its enforceability?
The broad scope of the '062 claims enhances its enforceability by covering many embodiments; however, overly broad claims may be vulnerable to invalidity attacks based on prior art. Balancing breadth with specificity is critical for robust enforcement.

2. What are the main challenges to the validity of the '062 patent?
The primary challenges include demonstrating prior art that predates or discloses similar features and proving the claimed invention was obvious to a person skilled in the art at the time of filing.

3. How does the patent landscape impact competitors' innovation strategies?
Understanding the positioning of the '062 patent encourages competitors to seek alternative approaches or design-arounds, fostering innovation and avoiding infringement risks.

4. Can the '062 patent be effectively licensed or enforced internationally?
Since it is a U.S. patent, enforcement and licensing are limited to jurisdictions where it is filed and granted. International patent protection requires corresponding filings under treaties such as the Patent Cooperation Treaty (PCT).

5. What strategic actions should rights holders consider regarding the '062 patent?
Rights holders should actively monitor related patents, pursue continuation applications for broader coverage, and enforce rights where infringement is detected. Regular reexaminations ensure the patent remains valid amidst evolving prior art.


References

  1. U.S. Patent 5,168,062.
  2. [Relevant prior art patents and publications].
  3. Patent prosecution and litigation data.
  4. Industry patent landscape reports.

More… ↓

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Details for Patent 5,168,062

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Biogen Inc. TYSABRI natalizumab Injection 125104 November 23, 2004 5,168,062 2010-09-10
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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