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127

CHAPTER 5. PATENTS ON DIABETIC RETINOPATHY

Overview

Patents can be physical innovations (e.g. chemicals, pharmaceuticals, medical equipment) or processes (e.g. treatments or diagnostic procedures). The United States Patent and Trademark Office defines a patent as a grant of a property right to the inventor, issued by the Patent and Trademark Office.8 Patents, therefore, are intellectual property. For the United States, the term of a new patent is 20 years from the date when the patent application was filed. If the inventor wishes to receive economic benefits, it is likely that the invention will become commercially available within 20 years of the initial filing. It is important to understand, therefore, that an inventor’s patent does not indicate that a product or service is or will be commercially available. The patent implies only that the inventor has “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States. While this relates to U.S. patents, similar rules govern foreign patents.

In this chapter, we show you how to locate information on patents and their inventors. If you find a patent that is particularly interesting to you, contact the inventor or the assignee for further information. IMPORTANT NOTE: When following the search strategy described below, you may discover non-medical patents that use the generic term “diabetic retinopathy” (or a synonym) in their titles. To accurately reflect the results that you might find while conducting research on diabetic retinopathy, we have not necessarily excluded non-medical patents in this bibliography.

Patents on Diabetic Retinopathy

By performing a patent search focusing on diabetic retinopathy, you can obtain information such as the title of the invention, the names of the inventor(s), the assignee(s) or the company that owns or controls the patent, a short abstract that summarizes the patent, and a few excerpts from the description of the patent. The abstract of a patent tends to be more technical in nature, while the description is often written for the public. Full patent descriptions contain much more information than is presented here (e.g. claims, references, figures, diagrams, etc.). We will tell you how to obtain this information later in the chapter.

8Adapted from the United States Patent and Trademark Office: http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm.

128 Diabetic Retinopathy

The following is an example of the type of information that you can expect to obtain from a patent search on diabetic retinopathy:

Apparatus for measuring the autofluorescence of the cornea of an eye

Inventor(s): Docchio; Franco (Brescia, IT), van Best; Jasper Anton (Leiden, NL) Assignee(s): Leiden University (Medical Center) (Leiden, NL)

Patent Number: 6,611,704 Date filed: July 27, 2000

Abstract: For the early detection of blindness-causing diabetic retinopathy, an apparatus for measuring the autofluorescence of the cornea of an eye, comprising means for tangentially illuminating the cornea, means for receiving the autofluorescent radiation generated in the cornea by this illumination, and means for processing the measured autofluorescent radiation, wherein the means for tangentially illuminating the cornea comprises at least one light source which radiates blue light and at least one filter which transmits at least a part of the blue light in a light path to the cornea, and the means for receiving the autofluorescent radiation generated in the cornea comprises at least one filter which transmits green light.

Excerpt(s): This invention relates to an apparatus for measuring the autofluorescence of the cornea of an eye, comprising means for substantially tangentially illuminating the cornea, means for receiving the autofluorescent radiation generated in the cornea by this illumination, and means for processing the measured autofluorescent radiation. Such an apparatus is known from Italian patent application IT-94.501.069. Apparatuses for measuring the autofluorescent radiation of the cornea of an eye are used in screening diabetes patients for diabetic retinopathy. Diabetic retinopathy is one of the moat important causes of blindness in the Western world and its timely detection can contribute to delaying or even preventing blindness in patients by administering laser therapy. Recent studies have shown that the autofluorescence of the corneal tissue in certain wavelength regions increases considerably with the severity of diabetic retinopathy. By other conventional methods, diabetic retinopathy and its progression are difficult to detect. The advantage of measuring corneal autofluorescence is that the cornea is readily accessible for examination and that the amount of corneal autofluorescence is not or only slightly age-dependent.

Web site: http://www.delphion.com/details?pn=US06611704__

Compositions and treatment for diabetic complications

Inventor(s): Mylari; Banavara L. (Waterford, CT) Assignee(s): Pfizer Inc. (New York, NY)

Patent Number: 6,413,965 Date filed: June 23, 2000

Abstract: This invention is directed to methods, pharmaceutical compositions and kits comprising an aldose reductase inhibitor (ARI), a prodrug thereof or a pharmaceutically acceptable salt of said ARI or said prodrug and a selective COX-2 inhibitor, a prodrug thereof or a pharmaceutically acceptable salt of said selective COX-2 inhibitor or said prodrug. This invention further relates to methods of using those pharmaceutical

Patents 129

compositions for the treatment of diabetic complications such as diabetic neuropathy, diabetic nephropathy, diabetic retinopathy and diabetic cardiomyopathy.

Excerpt(s): This invention relates to methods, pharmaceutical compositions and kits comprising an aldose reductase inhibitor (ARI), a prodrug thereof or a pharmaceutically acceptable salt of said ARI or said prodrug and a selective cyclooxygenase-2 (COX-2) inhibitor, a prodrug thereof or a pharmaceutically acceptable salt of said selective COX- 2 inhibitor or said prodrug. This invention further relates to methods of using such pharmaceutical compositions for the treatment of diabetic complications such as diabetic neuropathy, diabetic nephropathy, diabetic retinopathy, myocardial infarction, cataracts and diabetic cardiomyopathy. Aldose reductase inhibitors function by inhibiting the activity of the enzyme aldose reductase, which is primarily responsible for regulating the reduction of aldoses, such as glucose and galactose, to the corresponding polyols, such as sorbitol and galactitol, in humans and other animals. In this way, unwanted accumulations of galactitol in the lens of galactosemic subjects and of sorbitol in the lens, peripheral nervous cord and kidneys of various diabetic subjects are prevented or reduced. Accordingly, aldose reductase inhibitors are of therapeutic value for controlling certain diabetic complications, e.g., diabetic neuropathy, diabetic nephropathy, diabetic cardiomyopathy, myocardial infarction, cataracts and diabetic retinopathy. Two forms of cylcooxygenase (COX) are known to exist: COX-1 and COX- 2, the former being a constitutive form and the latter being an inducible form. COX-1 exists in the stomach, intestines, kidneys and platelets while COX-2 is expressed during inflammation. Both COX enzyme isoforms metabolize arachidonic by a similar mechanism, but each have different substrate specificities. Selective COX-2 inhibitors are advantageous in the treatment of pain and inflammation while avoiding such side effects as gastric and renal toxicity.

Web site: http://www.delphion.com/details?pn=US06413965__

Detecting genetic predisposition to sight-threatening diabetic retinopathy

Inventor(s): Duff; Gordon W. (South Yorkshire, GB), Rennie; Ian G. (Newbold, GB), Richardson; Patrick R. S. (Litton Nr. Buxton, GB)

Assignee(s): Interleukin Genetics, Inc. (Waltham, MA) Patent Number: 6,713,253

Date filed: March 10, 1998

Abstract: A method and kit for predicting increased risk of sight-threatening diabetic retinopathy which includes isolating genomic DNA from a sample from a diabetic patient. The genetic polymorphism pattern for the genes IL-1A, IL-1B and IL-1RN is then identified in the DNA. The identified pattern is compared with control patterns of known polymorphisms, and patients expressing a genetic polymorphism pattern associated with increased risk of sight-threatening diabetic retinopathy are identified.

Excerpt(s): This application is the national phase of PCT Patent Application GB97/02790 filed on Oct. 9, 1997; which claims priority to UK Provisional Application No. GB 9621129.7, filed on Oct. 10, 1996. This invention relates to a method of detecting a predisposition to, and determining risk of, sight-threatening diabetic retinopathy. The invention also provides diagnostic kits for the assessment of risk of developing sightthreatening diabetic retinopathy. Insulin dependent (Type I) and non-insulin dependent (Type II) diabetes mellitus are distinct diseases and patients with either form of the disease are at risk of developing microvascular and macrovascular complications

130 Diabetic Retinopathy

such as neuropathy, nephropathy, retinopathy, atherosclerosis and cardiovascular disease. These complications are a major clinical burden in diabetes, but their pathogenesis is not well understood. Susceptibility to diabetic complications has been reported to be inherited independently of diabetes itself. [Seaquist et al., 1989; Ko et al., 1995].

Web site: http://www.delphion.com/details?pn=US06713253__

Vascular endothelial growth factor 2 proteins and compositions

Inventor(s): Cao; Liang (Bethesda, MD), Hu; Jing-Shan (Mountain View, CA), Rosen; Craig A. (Laytonsville, MD)

Assignee(s): Human Genome Sciences, Inc. (Rockville, MD) Patent Number: 6,734,285

Date filed: February 28, 2002

Abstract: Disclosed are human VEGF-2 polypeptides, biologically active, diagnostically or therapeutically useful fragments, analogs, or derivatives thereof, and DNA(RNA) encoding such VEGF-2 polypeptides. Also provided are procedures for producing such polypeptides by recombinant techniques and antibodies and antagonists against such polypeptides. Such polypeptides and polynucleotides may be used therapeutically for stimulating wound healing and for vascular tissue repair. Also provided are methods of using the antibodies and antagonists to inhibit tumor angiogenesis and thus tumor growth, inflammation, diabetic retinopathy, rheumatoid arthritis, and psoriasis.

Excerpt(s): The present invention relates to newly identified polynucleotides, polypeptides encoded by such polynucleotides, the use of such polynucleotides and polypeptides, as well as the production of such polynucleotides and polypeptides. The polypeptides of the present invention have been identified as members of the vascular endothelial growth factor family. More particularly, the polypeptides of the present invention are human vascular endothelial growth factor 2 (VEGF-2). The invention also relates to inhibiting the action of such polypeptides. The formation of new blood vessels, or angiogenesis, is essential for embryonic development, subsequent growth, and tissue repair. Angiogenesis is also an essential part of certain pathological conditions, such as neoplasia (i.e., tumors and gliomas). Abnormal angiogenesis is associated with other diseases such as inflammation, rheumatoid arthritis, psoriasis, and diabetic retinopathy (Folkman, J. and Klagsbrun, M., Science 235:442-447(1987)). Both acidic and basic fibroblast growth factor molecules are mitogens for endothelial cells and other cell types. Angiotropin and angiogenin can induce angiogenesis, although their functions are unclear (Folkman, J., Cancer Medicine, Lea and Febiger Press, pp. 153-170 (1993)). A highly selective mitogen for vascular endothelial cells is vascular endothelial growth factor or VEGF (Ferrara, N. et al., Endocr. Rev. 13:19-32 (1992)), which is also known as vascular permeability factor (VPF).

Web site: http://www.delphion.com/details?pn=US06734285__