Analyzing the Scope and Claims of United States Patent 3,862,332: A Detailed Examination
Introduction
United States Patent 3,862,332, titled "Method of lowering serum cholesterol," was granted on January 21, 1975, to inventors James W. Barnhart and Philip J. Shea, and assigned to The Dow Chemical Company. This patent is a significant contribution to the field of medical science, particularly in the area of cholesterol reduction. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Invention
The patent describes novel compositions and methods for reducing serum cholesterol levels in animals. The invention is centered around the use of specific bis(dialkylphenol) compounds, which are administered to achieve a hypocholesteremic effect[5].
Claims of the Patent
The patent includes 16 claims that define the scope of the invention. Here are some key aspects of these claims:
Independent Claims
- Claim 1 describes the method of lowering serum cholesterol by administering a hypocholesteremic amount of a bis(dialkylphenol) compound.
- Claim 2 specifies the structure of the bis(dialkylphenol) compounds, including the molecular weights and specific substituents.
Dependent Claims
- Subsequent claims detail various aspects of the method, such as the dosage, the form of the compounds (e.g., mixtures), and the specific compounds used (e.g., bis(3,5-di-tert-butyl-4-hydroxyphenyl) acetone mercaptole)[5].
Scope of the Patent
The scope of the patent is defined by the claims and the detailed description provided.
Chemical Compounds
The patent focuses on specific chemical compounds, particularly bis(dialkylphenol) derivatives. These compounds are characterized by their molecular structure and the presence of tert-butyl and other alkyl groups[5].
Method of Administration
The method involves administering these compounds to animals to reduce serum cholesterol levels. The patent specifies the hypocholesteremic amounts and the forms in which these compounds can be administered.
Applications
The invention is applicable to vertebrate animals, including humans, for the purpose of reducing cholesterol levels. This makes it a valuable contribution to the field of cardiovascular health.
Patent Landscape
Related Patents and Publications
- The patent references earlier U.S. patents and publications, such as U.S. Patent 3,129,262 and Derwent Farmdoc No. 34,790, indicating a continuum of research in the field of cholesterol reduction[5].
Classification
- The patent is classified under the International Patent Classification (IPC) system as A61K31/00, which pertains to medicinal preparations containing organic active ingredients, and more specifically A61K31/095 for sulfur, selenium, or tellurium compounds[5].
Ownership and Assignee
- The patent was assigned to The Dow Chemical Company, reflecting the company's involvement in pharmaceutical and chemical research.
Impact on Patent Quality and Scope
Metrics for Patent Scope
Research on patent scope, such as the paper by the Hoover Institution, highlights the importance of metrics like independent claim length and independent claim count in assessing patent quality. These metrics can indicate the breadth and clarity of patent claims, which are crucial for evaluating the innovation and validity of patents[3].
Examination Process
The examination process for patents, as discussed in the Hoover Institution paper, tends to narrow the scope of patent claims. This process ensures that patents are granted with clearer and more defined claims, which can impact the overall quality and enforceability of the patent[3].
Industry and Market Implications
Pharmaceutical Industry
The patent's focus on cholesterol reduction places it within the broader context of the pharmaceutical industry's efforts to develop treatments for cardiovascular diseases. This invention would have been part of a larger trend in the 1970s to develop effective cholesterol-lowering therapies.
Licensing and Litigation
The clarity and scope of the patent claims can influence licensing agreements and potential litigation. Clear and narrow claims, as opposed to broad and vague ones, can reduce the likelihood of disputes and make the patent more attractive for licensing[3].
Statistics and Trends
Patent Grants and Applications
According to USPTO statistics, the number of utility patents granted annually has been increasing over the years. This trend reflects the growing innovation in various fields, including pharmaceuticals. For instance, in recent years, the USPTO has granted over 300,000 utility patents annually[4].
Ownership and Origin
The ownership of patents, whether by corporations, governments, or individuals, also provides insights into the patent landscape. For example, corporate-owned patents dominate the landscape, with significant contributions from U.S. and foreign entities[4].
Key Takeaways
- Specificity of Claims: The patent's claims are specific and detailed, focusing on the structure and administration of bis(dialkylphenol) compounds.
- Industry Impact: The invention is part of the broader efforts in the pharmaceutical industry to develop cholesterol-lowering therapies.
- Patent Quality: The clarity and scope of the claims are crucial for patent quality and can influence licensing and litigation.
- Trends in Patent Grants: The increasing number of utility patents granted annually reflects growing innovation in various fields.
FAQs
What is the main focus of United States Patent 3,862,332?
The main focus of the patent is on methods and compositions for reducing serum cholesterol levels in animals using specific bis(dialkylphenol) compounds.
Who are the inventors of the patent?
The inventors are James W. Barnhart and Philip J. Shea.
What company was the patent assigned to?
The patent was assigned to The Dow Chemical Company.
How many claims are included in the patent?
The patent includes 16 claims.
What is the significance of the patent in the pharmaceutical industry?
The patent is significant as it contributes to the development of cholesterol-lowering therapies, a critical area in cardiovascular health.
How does the patent's scope relate to broader patent quality metrics?
The patent's scope, defined by its claims, is important for assessing patent quality. Metrics such as independent claim length and count can indicate the clarity and breadth of the patent claims.
