United States Patent 3,641,127: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 3,641,127, titled "(3-BENZOYLPHENYL) ALKANOIC ACIDS," was patented on February 8, 1972, and is attributed to inventors Daniel Farge, Mayer Naoum Messer, and Claude Moutonnier, assigned to Rhone-Poulenc S.A., Paris, France. This patent is significant in the field of organic chemistry, particularly in the synthesis and application of specific alkanoic acids.
Background and Context
To understand the significance of this patent, it is crucial to delve into the background of the inventors and the company involved. Rhone-Poulenc S.A., now part of Sanofi, was a major French chemical and pharmaceutical company known for its innovative research and development in various fields, including pharmaceuticals and fine chemicals[1].
Patent Claims and Scope
Chemical Structure and Synthesis
The patent describes the synthesis and properties of (3-benzoylphenyl)alkanoic acids, which are compounds of the formula:
[ \text{R}_2 \text{R-KY-CO-GH-COOL R} ]
where ( \text{R} ) represents a hydrogen atom or an alkyl group containing 1 to 4 carbon atoms, ( \text{R}_2 ) represents a hydrogen atom or a hydroxy or methoxy group, and ( \text{R} ) represents a hydrogen atom or an alkylthio group containing 1 to 4 carbon atoms[1].
Specific Claims
The patent includes seven claims that detail the specific compounds, their synthesis methods, and the conditions under which these compounds are prepared. These claims are critical as they define the scope of protection for the inventors and the assignee company.
Inventorship and Contribution
Determining True Inventors
In the context of U.S. patent law, it is essential to identify the "true and only" inventors of the patentable subject matter. The inventors listed in this patent—Daniel Farge, Mayer Naoum Messer, and Claude Moutonnier—must have contributed to the conception of the idea or the reduction of the idea to practice, as required by U.S. patent law[2].
Patent Landscape and Technology Area
Classification and Trends
The USPTO classifies patents into various technology areas, which helps in analyzing trends and the impact of patents. The (3-benzoylphenyl)alkanoic acids fall under the chemical and pharmaceutical technology areas. According to the USPTO's classification system, such patents would be categorized under the International Patent Classification (IPC) technical fields related to organic chemistry and pharmaceuticals[4].
Industry Affiliation and R&D
The patent is associated with the pharmaceutical and chemical industries, which are known for high levels of R&D investment. In 2018, for example, the chemical manufacturing industry received a significant number of patents, reflecting the ongoing innovation in this sector[4].
Patent Analytics and Claim Coverage
Claim Coverage Matrix
To understand the protective scope of this patent, a Claim Coverage Matrix can be used. This matrix helps in identifying which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist. For the (3-benzoylphenyl)alkanoic acids patent, such an analysis would involve categorizing the claims by scope concepts and linking them to similar patents in the chemical and pharmaceutical fields[3].
Claim Charts and Scope Concepts
Claim charts generated by tools like ClaimScape® can facilitate a detailed review of the patent coverage. These charts help technical experts determine whether a particular scope concept is applicable to a target product or method, highlighting areas where claim coverage may be lacking or where future design opportunities exist[3].
Impact and Applications
Pharmaceutical and Chemical Applications
The (3-benzoylphenyl)alkanoic acids synthesized in this patent have potential applications in pharmaceuticals and fine chemicals. These compounds could be used as intermediates in the synthesis of more complex molecules or as active ingredients in various products.
Market and Competitive Landscape
Understanding the market and competitive landscape is crucial for assessing the value of this patent. The pharmaceutical and chemical industries are highly competitive, with numerous companies vying for market share. Patents like this one provide a competitive edge by protecting innovative compounds and synthesis methods.
Maintenance and Enforcement
Patent Maintenance
To keep the patent in force, the assignee must pay maintenance fees at specified intervals. Failure to pay these fees can result in the patent lapsing, which would allow others to use the patented technology without infringement[5].
Enforcement
Enforcing patent rights involves monitoring for infringement and taking legal action when necessary. The scope of the claims and the patent landscape analysis are essential in identifying potential infringers and in legal proceedings to protect the patented technology.
Key Takeaways
- Chemical Structure and Synthesis: The patent details the synthesis of (3-benzoylphenyl)alkanoic acids with specific chemical structures.
- Inventorship: The inventors must have contributed to the conception or reduction to practice of the patented subject matter.
- Patent Landscape: The patent falls under chemical and pharmaceutical technology areas, with significant implications for R&D-intensive industries.
- Claim Coverage: A Claim Coverage Matrix and claim charts are essential for understanding the protective scope and identifying gaps or opportunities.
- Impact and Applications: The patented compounds have potential applications in pharmaceuticals and fine chemicals.
FAQs
What is the significance of the (3-benzoylphenyl)alkanoic acids patent?
The patent is significant because it protects innovative compounds and their synthesis methods, providing a competitive edge in the pharmaceutical and chemical industries.
Who are the inventors of the patent?
The inventors are Daniel Farge, Mayer Naoum Messer, and Claude Moutonnier, all associated with Rhone-Poulenc S.A.
How is the patent classified by the USPTO?
The patent is classified under the chemical and pharmaceutical technology areas, using the International Patent Classification (IPC) system.
What is the role of a Claim Coverage Matrix in patent analytics?
A Claim Coverage Matrix helps in identifying which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist.
Why is it important to maintain the patent?
Maintaining the patent through the payment of maintenance fees ensures that the patented technology remains protected, preventing others from using it without infringement.
Sources
- United States Patent Office - 3,641,127 Patented Feb. 8, 1972
- Oregon State University - Determining Inventorship for US Patent Applications
- Schwegman Lundberg & Woessner - Patent Analytics
- National Center for Science and Engineering Statistics - Invention: U.S. and Comparative Global Trends
- USA.gov - U.S. Patent and Trademark Office (USPTO)
