Analyzing the Scope and Claims of United States Patent 3,732,340: A Comprehensive Patent Landscape
United States Patent 3,732,340, granted on May 8, 1973, to H. Arnold et al., represents a significant development in the field of phosphoric acid ester diamides[7]. This patent, titled "N',o-propylene phosphoric acid ester diamides," discloses novel compounds with potential applications in various industries. Let's dive deep into the scope, claims, and patent landscape surrounding this invention.
The Invention: N',o-propylene phosphoric acid ester diamides
The core of Patent 3,732,340 revolves around new N-substituted amides and ester amides of phosphoric acid. These compounds are represented by the general formula:
O<(-P(=O)(-X2)-N(-R1)-(C(-Z)2)M-)[7]
This formula represents a class of compounds with potential applications in pharmaceuticals, agrochemicals, and other industries. The invention's novelty lies in its unique structural features and the potential properties these compounds may possess.
Scope of the Patent
To understand the scope of Patent 3,732,340, we need to examine its claims and the breadth of protection they offer. The patent's scope is crucial in determining its value and potential impact on related technologies.
Claim Analysis
The patent contains multiple claims, each defining a specific aspect of the invention. While the exact number of claims isn't provided in the available information, we can infer that they cover:
- The general formula of the compounds
- Specific variations of the compounds
- Methods of synthesis
- Potential applications
Breadth of Protection
The breadth of protection offered by Patent 3,732,340 likely extends to:
- Various substituents on the phosphoric acid backbone
- Different alkyl or aryl groups attached to the nitrogen atom
- Potential stereoisomers of the compounds
- Methods of preparation and purification
Patent Landscape
To fully appreciate the significance of Patent 3,732,340, we need to consider its place within the broader patent landscape.
Related Patents
Several other patents in the field of phosphoric acid derivatives and related compounds may be relevant to understanding the context of this invention:
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U.S. Patent 4,882,452: This patent, granted in 1989, describes a process for preparing ifosfamide with improved properties[4]. While not directly related to Patent 3,732,340, it demonstrates ongoing research in phosphoric acid derivatives.
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SK317692A3: This patent discusses improved lyophilized ifosfamide formulations, showing continued interest in related compounds[5].
Technological Advancements
Since the granting of Patent 3,732,340 in 1973, there have been significant advancements in the field of organic synthesis and pharmaceutical development. These advancements may have built upon or been influenced by the compounds described in this patent.
Impact on Innovation
The compounds described in Patent 3,732,340 may have paved the way for further research and development in several areas:
- Pharmaceutical applications
- Agrochemical developments
- Materials science innovations
Potential Applications
While the specific applications of the compounds aren't detailed in the available information, phosphoric acid derivatives often find use in:
- Drug development
- Pesticide formulations
- Flame retardants
- Plasticizers
Patent Quality and Examination Process
The quality of a patent and its examination process play crucial roles in determining its validity and enforceability. While we don't have specific information about the examination process for Patent 3,732,340, we can discuss general trends in patent examination.
Claim Scope and Examination
Research has shown that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[6]. This suggests that the claims in Patent 3,732,340 may have been relatively focused, contributing to its successful grant.
Changes During Examination
Studies have found that the examination process tends to narrow the scope of patent claims in terms of both claim length and claim count[6]. The changes are often more significant when the duration of examination is longer. Without access to the file history of Patent 3,732,340, we can't confirm if this trend applied in this case, but it's a common occurrence in patent prosecution.
Measuring Patent Scope
Measuring patent scope is crucial for understanding the breadth of protection offered by a patent. Two simple metrics for measuring patent scope based on claim language are:
- Independent claim length
- Independent claim count
These metrics have been shown to have explanatory power for several correlates of patent scope used in literature, including:
- Patent maintenance payments
- Forward citations
- Breadth of patent classes
- Novelty[6]
Application to Patent 3,732,340
Without access to the full text of the patent claims, we can't apply these metrics directly to Patent 3,732,340. However, understanding these metrics can help us appreciate the potential scope and value of the patent.
Patent Value and Maintenance
The value of a patent is often reflected in its maintenance over time. Patents that are maintained for longer periods are generally considered more valuable to their owners.
Maintenance Payments
Patent maintenance payments are fees paid at specific intervals to keep a patent in force. The willingness of patent owners to pay these fees is often seen as an indicator of the patent's perceived value[6].
Forward Citations
Forward citations, or the number of times a patent is cited by subsequent patents, can be another indicator of a patent's value and influence in its field[6]. A high number of forward citations suggests that the patent has been influential in driving further innovation.
Patent Classification
Patent classification helps organize patents into technological fields and can provide insights into the breadth of a patent's potential applications.
Classification of Patent 3,732,340
While we don't have specific information about the classification of Patent 3,732,340, it likely falls under categories related to:
- Organic chemistry
- Phosphorus compounds
- Potentially pharmaceutical preparations
Breadth of Patent Classes
The breadth of patent classes a patent is assigned to can be an indicator of its scope[6]. Patents that span multiple classes or subclasses may have broader applications and potentially higher value.
Novelty and Inventive Step
The novelty and inventive step of a patent are crucial factors in determining its validity and value.
Assessing Novelty
Novelty is assessed by comparing the claimed invention to the prior art. For Patent 3,732,340, this would have involved a thorough search of existing literature and patents related to phosphoric acid derivatives.
Inventive Step
The inventive step, or non-obviousness, is determined by considering whether the invention would have been obvious to a person skilled in the art at the time of filing. The unique structural features of the compounds described in Patent 3,732,340 likely contributed to its inventive step.
Patent Landscape Evolution
Since the granting of Patent 3,732,340 in 1973, the patent landscape has evolved significantly.
Technological Advancements
Advancements in organic synthesis, analytical techniques, and computational chemistry have likely influenced the development of related compounds and technologies.
Regulatory Changes
Changes in patent law and regulations since 1973 may have affected how similar inventions are patented and protected today.
Key Takeaways
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United States Patent 3,732,340 discloses novel N',o-propylene phosphoric acid ester diamides with potential applications in various industries.
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The patent's scope likely covers various substituents, preparation methods, and potential applications of these compounds.
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The patent landscape surrounding phosphoric acid derivatives has evolved significantly since 1973, with ongoing research in related fields.
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Patent scope can be measured using metrics like independent claim length and count, which correlate with patent value indicators.
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The examination process typically narrows patent claims, potentially affecting the final scope of protection.
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Patent classification, maintenance payments, and forward citations can provide insights into a patent's value and influence.
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The novelty and inventive step of Patent 3,732,340 likely stem from the unique structural features of the disclosed compounds.
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Technological advancements and regulatory changes since 1973 have shaped the current patent landscape for similar inventions.
FAQs
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Q: What is the main invention disclosed in United States Patent 3,732,340?
A: The patent discloses novel N',o-propylene phosphoric acid ester diamides, represented by a specific general formula.
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Q: How can the scope of a patent be measured?
A: Patent scope can be measured using metrics such as independent claim length and count, which correlate with various indicators of patent value.
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Q: What factors contribute to the value of a patent?
A: Factors contributing to patent value include maintenance payments, forward citations, breadth of patent classes, and the patent's novelty and inventive step.
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Q: How has the patent landscape evolved since 1973?
A: The patent landscape has evolved through technological advancements in fields like organic synthesis and analytical techniques, as well as changes in patent law and regulations.
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Q: What potential applications might the compounds described in Patent 3,732,340 have?
A: While specific applications aren't detailed in the available information, phosphoric acid derivatives often find use in pharmaceuticals, agrochemicals, flame retardants, and plasticizers.
Sources cited:
[4] https://patentimages.storage.googleapis.com/86/9f/aa/ec41d7bb7eb4df/US4882452.pdf
[5] https://patents.google.com/patent/SK317692A3/en
[6] https://www.hoover.org/sites/default/files/ip2-wp16001-paper.pdf
[7] https://patents.google.com/patent/US3732340A/en