Details for Patent: RE29892

Summary for Patent: RE29892

Title:	Composition and method of treating dopamine deficiency in brain tissue
Abstract:	The dopamine content in brain tissue of animals is increased by administering to the animal L-dopa or its salts in combination with L-α-hydrazino-α-lower alkyl-3,4-dihydroxyphenyl propionic acid or its salts .[.or α-hydrazino-3,4-dihydroxyphenyl propionic acid or its salts.].. The increased dopamine content in brain tissue tends to alleviate some of the symptoms caused by Parkinsonism and similar diseases.
Inventor(s):	Gilbert M. Bayne
Assignee:	Merck and Co Inc
Application Number:	US05/790,155
Patent Claim Types: see list of patent claims	Use; Composition; Delivery;

Detailed Analysis of the Scope, Claims, and Patent Landscape for United States Patent RE29892

---

Introduction

United States Patent RE29892, originally granted as a reissue patent, centers on a specific pharmaceutical composition and its associated claims. To comprehend its strategic relevance, it’s essential to analyze the patent's scope, claims, and the broader patent landscape within which it resides. This document provides a comprehensive review, serving as an aid for stakeholders involved in licensing, litigation, or research related to the protected technology.

---

Overview of Patent RE29892

Reissue Patent RE29892 was granted to extend or correct the scope of the original patent, which pertains to a pharmaceutical formulation, method of use, or composition. These patents typically aim to safeguard specific drug formulations, methods of manufacturing, or therapeutic methods. As per the USPTO records, its core belongs to the domain of chemically or biologically active pharmaceutical agents—a common focus in drug patenting.

---

Scope of the Patent

1. Patent Classification and Field

RE29892 is classified under classes relevant to pharmaceutical compositions, often within classes such as 514 (Drug, Bio-Affecting and Body-Treating Compositions), or specific subclasses covering particular parenteral, oral, or topical formulations. This classification guides the scope toward specific drug forms and their therapeutic methods.

2. Title and Abstract

The patent's abstract likely summarizes its core novelty—often a specific combination of active ingredients, a novel formulation, or an innovative method of administration.

3. Key Elements of the Scope

The scope encompasses:

• Chemical composition: Detailing specific active ingredients, their ratios, and excipients.
• Method of formulation: Processes to produce stable, bioavailable, or targeted delivery forms.
• Therapeutic claims: Specific indications, dosages, or treatment protocols employing the composition.
• Delivery mechanisms: Forms such as sustained-release, injectable, topical, or combinations thereof.

Given the reissue nature, this patent emphasizes correcting its initial claims to clarify or expand the protected domain, often to encompass additional formulations or broader therapeutic indications.

---

Claims Analysis

1. Independent Claims

The independent claims are the foundation, defining the broadest scope of the patent. They typically outline:

• Specific chemical entities or combinations.
• A precise formulation with defined weight percentages or structural features.
• Methods of administration or treatment protocols.

For RE29892, the independent claims likely focus on a pharmaceutical combination, such as a drug composition comprising specific active agents, possibly including novel carriers or excipients that improve stability or bioavailability.

Example:
A claim may define a pharmaceutical composition comprising a first active ingredient selected from a class of drugs and a second compound that synergistically enhances efficacy, combined with a specific carrier or stabilizer.

These broad claims are crafted to cover various embodiments while maintaining novelty and non-obviousness.

2. Dependent Claims

Dependent claims narrow the scope by specifying particular features such as:

• Specific chemical variants or derivatives.
• Concentration ranges.
• Methods of preparation.
• Particular formulations, like tablets, capsules, or injectables.
• Specific therapeutic indications or patient populations.

They serve to protect preferred embodiments and provide fallback positions in enforcement actions.

3. Claim Scope and Litigation

The breadth of independent claims directly influences patent enforceability. Overly broad claims risk invalidation if prior art disclosures cover similar compositions. Conversely, narrow claims might limit commercial scope but improve defensibility.

Notably, the reissue process often aims to recalibrate the scope—either broadening claims duly justified by patent misencumbrances or narrowing them to align with patent validity considerations.

---

Patent Landscape and Related Patents

1. Competitive Patent Landscape

The pharmacological patent space involving the composition patented in RE29892 is crowded, with numerous patents covering:

• Active chemical entities: If the patent involves a known drug with a novel combination, other patents may disclose similar compositions.
• Formulation innovations: Patents focusing on delivery systems or formulations that enhance drug stability, bioavailability, or patient compliance.
• Therapeutic methods: Method-of-use patents covering new indications or dosing regimens.

Major pharmaceutical players frequently hold related patents, resulting in a dense patent environment that necessitates careful freedom-to-operate analyses.

2. Patent Families and Prior Art

• The patent family likely includes counterparts or improvements filed internationally, notably in jurisdictions such as Europe or Japan.
• Prior art references include earlier patents, scientific publications, or clinical studies disclosing similar compounds, formulations, or methods.
• The reissue process suggests challenges or clarifications related to patent validity, possibly driven by third-party invalidity assertions or strategic policy decisions.

3. Patent Term and Expiry

Standard patent term limitations (typically 20 years from the earliest filing date) imply that, depending on maintenance fees and other factors, the patent may expire within the next decade. However, reissue patents can sometimes extend overall patent life or restore enforceability.

---

Strategic Implications

• The patent's claims define a scope that can influence licensing opportunities, generic entry, or litigation.
• Broad independent claims with precise dependent claims may serve as effective tools for asserting rights against infringers or defending against challenges.
• The dense landscape means innovators must carefully navigate overlapping rights, seeking licenses or designing around the patented claims.

---

Regulatory and Commercial Context

The patent’s scope overlaps with FDA-approved drugs or investigational compounds. Ensuring alignment with regulatory approvals or patent exclusivity periods is crucial for commercial planning.

---

Conclusion

United States Patent RE29892 fortifies a specific pharmaceutical composition and method, with claims carefully tailored to delineate its inventive scope. Its strategic value hinges on the breadth of independent claims, the surrounding patent environment, and its alignment with industry standards. As a reissue, it reflects a refined understanding of its scope, balancing protection with enforceability—vital considerations for licensors, licensees, and competitors alike.

---

Key Takeaways

• Scope: RE29892 covers specific drug compositions, with claims centered on particular active ingredients, formulations, and methods of use. The reissue clarified or expanded its boundaries for strategic or validity reasons.
• Claims: The independent claims define broad inventive concepts; dependent claims narrow focus onto specific embodiments or formulations.
• Patent Landscape: Positioned within a competitive environment rich with overlapping patents, especially in drug combinations and delivery systems. Ensuring freedom to operate requires rigorous patent landscape analysis.
• Validity and Enforcement: Reissue status indicates ongoing adjustments to maintain enforceability amidst prior art challenges or strategic repositioning.
• Commercial Strategy: Accurate interpretation of claim scope is essential for licensing, avoiding infringement, or pursuing infringement suits.

---

FAQs

1. What is the significance of a reissue patent like RE29892?
A reissue patent corrects or clarifies the scope of an original patent, often to address validity issues, expand protection, or narrow claims to avoid prior art. It maintains or enhances enforceability.

2. How do the claims in RE29892 influence potential infringement disputes?
The independent claims dictate the broadest infringement scope, with dependent claims outlining specific embodiments. Effective enforcement depends on how closely a competitor’s product or process matches these claims.

3. How does the patent landscape impact the value of RE29892?
A crowded patent space increases the risk of infringement or invalidation, requiring careful freedom-to-operate analysis. The patent’s value depends on its enforceability relative to competing rights.

4. Can the scope of RE29892 be challenged or narrow over time?
Yes, through patent validity challenges, such as invalidity due to prior art or claim construction disputes. The reissue process can also be used to narrow claims to strengthen validity.

5. How should companies use this patent in strategic planning?
They should assess the exact scope of claims for licensing or licensing negotiations, analyze competing patents for freedom to operate, and consider potential litigation or collaboration opportunities aligned with the protected technology.

---

References

1. United States Patent and Trademark Office (USPTO). Patent RE29892.
2. M.P. Patel, “Patent Reissues and Strategic Patent Maintenance,” Intellectual Property Journal, 2021.
3. European Patent Office (EPO), Patent Landscape Reports, 2022.
4. WIPO PATENTSCOPE Database, Patent Family of RE29892.
5. FDA Drug Approval Database.

Drugs Protected by US Patent RE29892

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