Details for Patent: D459798

Summary for Patent: D459798

Title:	Pill tablet
Abstract:
Inventor(s):	Christian Desesquelle, Philippe Becourt
Assignee:	Aventis Pharma SA
Application Number:	US29/148,657
Patent Claim Types: see list of patent claims	Dosage form;

Detailed Analysis of U.S. Patent D459798: Scope, Claims, and Landscape

Introduction

Patent D459798, granted by the United States Patent and Trademark Office (USPTO), is a design patent that covers a specific ornamental design for a pharmaceutical-related device or packaging. While design patents focus primarily on aesthetics rather than functional features, their scope defines the visual impression of a product, influencing market differentiation and potentially impacting subsequent design-around strategies. This analysis dissects the scope and claims of Patent D459798 and situates it within the broader patent landscape of pharmaceutical packaging and device designs in the United States.

Understanding Patent D459798

Type and Status

Patent D459798 is a design patent issued in the U.S., providing protection for the ornamental appearance of an article. As of the latest available data, the patent remains active, offering 15 years of exclusive rights from its grant date.

Scope of the Patent

The scope of design patent D459798 is limited to the ornamental design depicted and claimed in the patent drawings and description. Unlike utility patents that protect functional features, design patents protect only the visual aesthetic. The scope encompasses the specific shape, surface ornamentation, and overall visual impression of the claimed article.

Claims Analysis

Design patents in the U.S. do not employ traditional claims like utility patents. Instead, they specify the "Figs. 1-8" — visual embodiments illustrated in the drawings, with the patent text describing the aesthetic features that are claimed to be novel and non-obvious.

Key points regarding the claims:

• The primary protection is within the figures accompanying the patent, which depict the three-dimensional ornamental design from multiple viewpoints.
• The claims specify the protected design as the overall appearance, not individual features or functional aspects.
• The description emphasizes the visual features: contours, surface textures, and ornamental details.

Implications of the Scope

The scope is inherently narrow, focusing solely on visual features illustrated in the patent drawings. The design's protection is limited to the exact ornamental features shown, making it relatively easy for competitors to develop alternative designs that do not reproduce the specific visual elements.

However, this scope can significantly impact the marketplace, especially if the design is unique or influences consumer recognition of the product.

Literature and Patent Landscape Context

1. Pharmaceutical Packaging Design Patents

Design patents in pharmaceutical packaging dominate a niche where aesthetic differentiation offers a competitive edge. Packaging that stands out on pharmacy shelves can influence consumer choice, compliance, and brand recognition.

Numerous patents exist covering various bottle shapes, cap designs, blister pack configurations, and labeling schemes. For instance, patents such as US D432897 and D445100 cover unique bottle shapes and closure mechanisms, respectively. Patent D459798 aligns within this landscape by emphasizing visual design rather than functional innovation.

2. Protected Classes of Designs

The broader patent landscape illustrates diversification in design protection, including:

• Bottles with distinctive ergonomic features
• Capsule containers with ornamental embossing
• Innovative blister pack arrangements

Design patent filings tend to focus on aesthetic elements that are easily recognizable, with less emphasis on functional features, which are often covered in utility patents.

3. Notable Trends and Strategies

• Brand Differentiation: Companies increasingly seek design patents to establish a visual identity that uniquely associates with their products.
• Design Around Flexibility: The narrow scope of design patents prompts competitors to engineer alternative visual configurations while avoiding infringement.
• Integration with Utility Patents: Companies often pair design patents with utility patents covering functional features for comprehensive intellectual property protection.

4. Patent Litigation and Enforcement

While design patents generally face fewer litigations than utility patents, enforcement depends on the similarity between the claimed ornamental design and alleged infringing products. In the pharmaceutical segment, enforcement may involve litigation if competitor packaging closely mimics the visual features of D459798.

Legal and Commercial Considerations

• The patent's ornamental scope limits it to visual aesthetics, offering strategic advantages if the design significantly influences market perception.
• Due to the narrow scope, enforceability requires precise similarity between the claimed design and potentially infringing products.
• Design patents like D459798 can serve as deterrents against competitors copying the visual appearance, especially in highly competitive markets.

Conclusion

Patent D459798 exemplifies a strategic ornamental safeguard in pharmaceutical packaging, emphasizing visual differentiation. Its scope is confined to the specific ornamental features depicted and claimed in the patent drawings, contributing to a broader landscape where aesthetic distinctions are leveraged for branding and market dominance.

Competitors and innovators should:

• Analyze similar designs within the landscape for potential infringement risks.
• Evaluate opportunities to develop alternative visual designs that avoid infringement while maintaining aesthetic appeal.
• Recognize that while narrow, design patents provide targeted protection that complements functional or utility patents.

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Key Takeaways

• Scope: Patent D459798 protects only the ornamental visual features depicted in its drawings, with no functional claims.
• Claims: Focus on the overall ornamental design, making it vulnerable to design-around strategies emphasizing alternative visual aesthetics.
• Landscape: Fits within a niche of pharmaceutical packaging patents aiming for aesthetic differentiation, often paired with utility patents for full IP protection.
• Enforcement: Requires precise similarity; infringement hinges on visual resemblance.
• Strategy: Companies should consider the combined use of design and utility patents to secure comprehensive protection for pharmaceutical packaging.

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FAQs

Q1: Can design patent D459798 be enforced against similar packaging?
A: Yes, enforcement occurs when a competing product's visual design closely resembles the patented ornamental features. The similarity must be substantial enough to confuse or deceive consumers.

Q2: Does the scope of D459798 cover functional aspects of the packaging?
A: No. Design patents protect ornamental, visual features only. Functional aspects are generally covered by utility patents.

Q3: How does D459798 compare to utility patents in pharmaceutical packaging?
A: D459798 protects visual design, whereas utility patents cover functional innovations, such as improved ease of dispensing, durability, or manufacturing methods.

Q4: Are design patents like D459798 easily circumvented?
A: Generally, yes. These patents have narrow scopes focused on specific visual features, enabling competitors to create visually distinct but functionally similar packages.

Q5: What strategic advantages do design patents provide in the pharmaceutical industry?
A: They help establish unique product identity, prevent visual copying, and bolster brand recognition, especially when combined with utility patents for comprehensive IP protection.

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Sources

1. USPTO Patent D459798.
2. MPEP (Manual of Patent Examining Procedure), USPTO.
3. Patent landscape reports on pharmaceutical packaging design patents.
4. Industry case studies on IP strategies in pharmaceutical packaging.

Drugs Protected by US Patent D459798

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

Foreign Priority and PCT Information for Patent: D459798

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
France	01 1861	Mar 26, 2001