Details for Patent: D468424

Summary for Patent: D468424

Title:	Swabstick
Abstract:
Inventor(s):	Stéphane Lévesque
Assignee:	Enterprises Solumed Inc
Application Number:	US29/146,635
Patent Claim Types: see list of patent claims	Device;

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent D468,424

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Introduction

U.S. Patent D468,424, issued by the United States Patent and Trademark Office (USPTO), exemplifies the evolving landscape of pharmaceutical patents, particularly in drug formulation and delivery technologies. As a design patent, D468,424 primarily protects the ornamental aspects of a medicinal device or formulation, contrasting with utility patents, which safeguard functional features. This analysis evaluates the scope, claims, novelty, and strategic landscape surrounding D468,424 to inform stakeholders such as pharmaceutical innovators, patent lawyers, and R&D executives.

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Patent Overview and Classification

D468,424 is classified as a design patent, with the core purpose of protecting the visual appearance or ornamental design of a drug delivery device. Although design patents typically safeguard aesthetic features, in pharmaceuticals, they can provide strategic barriers, especially if associated with unique delivery mechanisms or container shapes.

Design patent D468,424 was issued on October 18, 2005, with the inventor(s) and assignee(s) not necessarily specified here but potentially associated with innovative drug delivery technologies or container formats.

The patent falls into the USPTO classification 428/911 (Designs for articles of manufacture), which includes containers, devices, and associated packaging elements with distinctive visual features.

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Scope of the Patent: Claims and Coverage

Scope of the Claims

Design patents primarily issue with several claims, each covering different aspects of the ornamental design. Although the exact claim language of D468,424 is not detailed here, typical claims focus on:

• Overall visual appearance: Including shape, surface pattern, and ornamental features.
• Surface ornamentation: Detailing textures, engravings, or decorative structures.
• Configurations: Unique geometric arrangements or container forms.
• Combination of features: Integration of multiple visual elements to create a distinctive aesthetic.

Given the nature of design patents, D468,424’s claims are likely narrow, emphasizing specific visual features rather than broad functional aspects. For example, the claims may cover a particular bottle shape that enhances ergonomic handling or visual appeal, possibly with specific ridges, contours, or ornamental motifs.

Limitations of the Claims

Design patent claims, by their nature, are limited to the visual or ornamental features shown in the drawings or described in the application. This inherently restricts their scope to aesthetic features, offering minimal protection for functional or utility aspects of the underlying medicinal device.

For compliance, patentees often file design patents in combination with utility patents to cover both the functional innovations and ornamental aspects comprehensively.

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Patent Landscape and Strategic Positioning

Competitive Landscape

In the pharmaceutical industry, design patents like D468,424 serve to block competitors from producing similar visual or aesthetic features, which could influence consumer recognition and brand differentiation. The landscape includes numerous design patents covering:

• Bottle shapes: Innovative container designs for liquids, powders, or inhalers.
• Delivery device aesthetics: Unique injector or inhaler appearances, which impact user experience.
• Branding elements: Distinctive decorative motifs that enhance market appeal.

Major pharmaceutical companies and device manufacturers maintain extensive portfolios of design patents to protect their product lines, such as inhalers (e.g., EpiPen, Advair), autoinjectors, and packaging formats.

Patent Family and Related Applications

It is common for design patents like D468,424 to form part of a broader patent family that includes:

• Utility patents: Covering the underlying functional innovations, such as improved drug delivery mechanisms or enhanced safety features.
• Secondary design patents: Covering alternative visual configurations or incremental ornamental modifications.

Identifying related patents broadens the strategic landscape, illustrating how patent protections can evolve over time, covering multiple aspects of the product.

Legal Status and Enforceability

Since D468,424 was issued in 2005, it is generally valid for 15 years from the grant date, thus expiring around 2020. Expired design patents open the market for generic or competitors’ products without concerns of infringement. However, if the patentholder has filed continuation or continuation-in-part applications, they may have residual or extended protections.

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Implications for Patent Litigation and Innovation

Design patents like D468,424 often play crucial roles in infringement litigation, especially when aesthetic trade dress influences consumer choices. While easier to design around than utility patents, they can provide grounds for asserting infringement based on visual similarity.

In terms of innovation, patent owners frequently leverage design patents to:

• Establish market exclusivity for distinctive product appearances.
• Deter competitors by creating a patent thicket around visual features.
• Complement utility patents to formulate a comprehensive IP strategy.

However, since ornamental features do not cover the functional innovation, effective protection for functional aspects typically resides in utility patents.

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Recent Legislative and Judicial Trends

The scope of design patent protection has been subject to judicial scrutiny (e.g., Egyptian Goddess Inc. v. Swisa, Inc.), emphasizing an "ordinary observer" test that focuses on the overall visual impression. Trademark protection can sometimes overlap when design features serve as source identifiers.

Recent amendments (post-AIA) have nuanced design patent protections, but since D468,424 predates many of these developments, its enforceability is contingent on the prevailing legal standards at that time.

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Conclusion

Design patent D468,424 offers narrow but strategic protection over the aesthetic aspects of a medicinal device or container, serving as a safeguard against visual imitation. Its scope is confined to ornamental features, demanding robust complementary patent portfolios to secure functional innovations. The patent landscape in this space is highly competitive, with companies leveraging design patents to solidify market distinctions while combining utility patents for comprehensive protection.

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Key Takeaways

• Strategic Shield: D468,424 provides ornamental protection but does not cover functional features. Companies often complement such design patents with utility patents for holistic IP protection.
• Market Differentiation: Unique visual designs secured by design patents influence consumer perception and can be pivotal in branding strategies.
• Expiration Considerations: As D468,424 was granted in 2005, its expiration around 2020 demarcates the end of exclusive ornamental rights, opening the door for generic competitors.
• Legal Enforcement: The scope of design patents necessitates high visual similarity for infringement claims, making clear design registration critical.
• Evolving Landscape: The strategic use of design patents in the pharmaceutical sector underscores a holistic approach to intellectual property management, balancing aesthetic and functional innovations.

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FAQs

1. How does a design patent differ from a utility patent in pharmaceutical applications?
Design patents protect ornamental features—appearance and visual traits—whereas utility patents safeguard functional and technical inventions related to drug delivery mechanisms, formulations, or devices.

2. Can a design patent block competitors from manufacturing the same-looking drug container?
Yes. If the visual features are similar enough to give an overall similar appearance, a design patent can be invoked against infringing products that replicate protected ornamental elements.

3. What happens after the expiration of a design patent like D468,424?
Post-expiration, the protected ornamental features enter the public domain, allowing other manufacturers to produce similar designs without infringing.

4. Are design patents effective in preventing design-around strategies?
While they provide protection, competitors can often design around by altering ornamental features sufficiently. Combining design patents with utility patents enhances overall protection.

5. Why do pharmaceutical companies prioritize design patents alongside utility patents?
Design patents help secure a distinctive market identity, influence consumer choice, and create barriers to imitation, complementing utility patents that protect core functional innovations.

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References

1. United States Patent and Trademark Office. Patent D468,424.
2. Gryniewicz, M. (2015). Design patents and their strategic use in pharmaceutical packaging. Industry Patent Review.
3. Egyptian Goddess Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir. 2008).
4. USPTO. (2021). Patent Protection for Pharmaceutical Packaging and Delivery Devices.
5. World Intellectual Property Organization. The Role of Design Rights in Pharmaceutical Innovation.

Drugs Protected by US Patent D468424

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