Understanding the Scope and Claims of United States Patent 3,910,924
Introduction
United States Patent 3,910,924, granted on October 7, 1975, is a significant patent in the field of pharmaceuticals, particularly focusing on 3,4-dihydrocarbostyril derivatives. This article delves into the details of the patent, including its scope, claims, and the broader patent landscape.
Background of the Patent
The patent, titled "3,4-Dihydrocarbostyril derivatives and a process for preparing the same," was invented by Yasumitsu Tamura, Takarazuka; Emmi Donald Daus, Kaluyuki Nakagawa, Tokushima; and Shim Yoshizaki, Komatsujima. It was assigned to Otsuka Pharmaceutical Co., Ltd., Tokyo, Japan[1].
Chemical Structure and Derivatives
The patent describes novel compounds represented by specific chemical formulas, particularly focusing on 3,4-dihydrocarbostyril derivatives. These compounds are known for their useful pharmacological activities, such as anti-inflammatory, analgesic, and antipyretic properties.
Claims of the Patent
The patent includes several claims that define the scope of the invention. Here are some key aspects:
Independent Claims
- The patent claims novel 3,4-dihydrocarbostyril derivatives with specific substituents such as propoxy and hydroxy groups.
- It also claims a process for preparing these derivatives, which involves specific chemical reactions and conditions[1].
Dependent Claims
- These claims further specify the structure of the derivatives, including the position and type of substituents.
- They also detail various methods for synthesizing these compounds, ensuring a broad coverage of the inventive process[1].
Patent Scope and Breadth
The scope of a patent is crucial in determining its validity and enforceability. Here’s how the scope of US Patent 3,910,924 can be analyzed:
Independent Claim Length and Count
Research suggests that the length and count of independent claims can be metrics for measuring patent scope. Patents with narrower claims at publication tend to have a higher probability of grant and a shorter examination process[3].
Patent Maintenance Payments and Forward Citations
The patent's scope can also be inferred from maintenance payments and forward citations. Patents that require higher maintenance payments and receive more forward citations often indicate a broader and more valuable scope[3].
Process for Preparing the Derivatives
The patent outlines a detailed process for preparing the 3,4-dihydrocarbostyril derivatives. This includes:
Synthesis Steps
- The process involves several chemical reactions, including condensation and reduction steps.
- Specific conditions such as temperature, solvent, and catalysts are also detailed to ensure the production of the desired compounds[1].
Purification Methods
- The patent also describes methods for purifying the synthesized derivatives to achieve high purity and yield[1].
Pharmaceutical Applications
The 3,4-dihydrocarbostyril derivatives covered by this patent have significant pharmaceutical applications:
Pharmacological Activities
- These compounds exhibit useful pharmacological activities such as anti-inflammatory, analgesic, and antipyretic effects.
- They can be used in the treatment of various conditions, making them valuable in the pharmaceutical industry[1].
Economic and Strategic Value
The economic and strategic value of a patent can be substantial:
Valuation Methods
- Patents can be valued using cost, income, and market approaches. For example, the income approach considers the future benefits provided by the patent, such as royalties or cost savings[4].
Market Transactions
- The sale of patent portfolios, such as the $4.5 billion paid for Nortel’s patents, highlights the significant value that patents can hold in the market[4].
Legal and Regulatory Landscape
The legal and regulatory environment surrounding patents is complex and evolving:
USPTO and Patent Courts
- The U.S. Patent and Trademark Office (USPTO) is responsible for granting patents and has been involved in discussions about establishing a small claims patent court to address issues related to patent litigation[5].
Public Comments and Stakeholder Input
- Public comments and input from stakeholders are crucial in shaping the legal and regulatory framework for patents. For instance, the Administrative Conference of the United States (ACUS) has sought public comments on the feasibility of a small claims patent court[5].
Impact on Innovation
The patent landscape, including the scope and claims of patents like US 3,910,924, can significantly impact innovation:
Incentives for Innovation
- Patents provide exclusive rights to inventors, which can incentivize further innovation by protecting their intellectual property and allowing them to recoup their investment[3].
Licensing and Litigation
- However, overly broad patents can lead to increased licensing and litigation costs, potentially diminishing the incentives for innovation[3].
Conclusion
United States Patent 3,910,924 is a significant contribution to the field of pharmaceuticals, particularly in the area of 3,4-dihydrocarbostyril derivatives. Understanding the scope, claims, and process outlined in this patent is crucial for both legal and practical purposes. The economic and strategic value of such patents underscores their importance in the pharmaceutical industry.
Key Takeaways
- Chemical Structure and Derivatives: The patent focuses on novel 3,4-dihydrocarbostyril derivatives with specific pharmacological activities.
- Claims and Scope: The patent includes detailed claims on the structure of the derivatives and the process for preparing them.
- Pharmaceutical Applications: These compounds have significant applications in treating various medical conditions.
- Economic Value: Patents like this can hold substantial economic value, as seen in market transactions and valuation methods.
- Legal and Regulatory Landscape: The patent is part of a broader legal and regulatory framework that influences innovation and intellectual property protection.
FAQs
Q: What is the main focus of United States Patent 3,910,924?
A: The main focus is on novel 3,4-dihydrocarbostyril derivatives and the process for preparing them.
Q: Who are the inventors of this patent?
A: The inventors include Yasumitsu Tamura, Takarazuka; Emmi Donald Daus, Kaluyuki Nakagawa, Tokushima; and Shim Yoshizaki, Komatsujima.
Q: What are the pharmacological activities of the compounds described in the patent?
A: The compounds exhibit anti-inflammatory, analgesic, and antipyretic effects.
Q: How is the scope of a patent like US 3,910,924 typically measured?
A: The scope can be measured using metrics such as independent claim length and count, patent maintenance payments, and forward citations.
Q: Why is the legal and regulatory landscape important for patents?
A: It influences innovation, licensing, and litigation costs, and shapes the framework for intellectual property protection.
Sources
- US Patent 3,910,924 - 3,4-Dihydrocarbostyril derivatives and a process for preparing the same.
- U.S. Patent and Trademark Office (USPTO) - USAGov.
- Patent Claims and Patent Scope - SSRN.
- The Value of a Patent - Perpetual Motion Patents.
- U.S. Patent Small Claims Court - ACUS.
