Details for Patent: 3,922,305

Summary for Patent: 3,922,305

Title:	Chemical compounds
Abstract:	1. A compound selected from the group consisting of: ##SPC1## And acid addition salts thereof wherein R is selected from the group consisting of hydrogen, alkyl having up to 6 carbon atoms, benzyl, or cycloalkyl having up to 8 carbon atoms; Y is selected from the group consisting of hydrogen, chloro, or bromo; and X and X' are selected from the group consisting of hydrogen, chloro, or bromo. 2. A compound selected from the group consisting of: ##SPC2## And acid addition salts thereof wherein R is selected from the group consisting of hydrogen and alkyl having up to 6 carbon atoms.
Inventor(s):	Engelhardt; Edward L. (Gwynedd Valley, PA)
Assignee:	Merck & Co., Inc. (Rahway, NJ)
Application Number:	04/297,710
Patent Claim Types: see list of patent claims	Compound;

Analyzing the Scope and Claims of United States Patent 3,922,305

Introduction

United States Patent 3,922,305, though an older patent, provides a valuable case study for understanding the scope and claims of a patent, as well as the broader patent landscape. Here, we will delve into the details of this patent, its claims, and the context in which it was granted.

Patent Overview

Patent Number and Title

• The patent in question is U.S. Patent 3,922,305. While the specific title and inventors are not provided in the query, this section would typically include that information.

Issue Date and Expiration

• Patents typically have a term of 20 years from the filing date. Given that this patent was issued in the 1970s, it would have expired long ago, usually around the late 1990s or early 2000s, depending on the filing date.

Claims Analysis

Understanding Patent Claims

• Patent claims define the scope of the invention and are crucial for determining what is protected by the patent. Claims can be independent or dependent, with independent claims standing alone and dependent claims referring back to an independent claim[3].

Claims Structure

• For U.S. Patent 3,922,305, the claims would be structured to clearly define the invention. This would include:
  • Independent Claims: These claims would outline the core aspects of the invention.
  • Dependent Claims: These claims would further specify the invention by adding additional limitations to the independent claims.

Example of Claims

• While the exact claims of U.S. Patent 3,922,305 are not provided here, an example from a similar pharmaceutical patent might include claims such as:
  • "A pharmaceutical composition comprising [active ingredient], [excipient], and [other components]."
  • "A method of treating [disease] using the pharmaceutical composition of claim 1."

Scope of the Invention

Invention Description

• The scope of the invention is defined by the claims and the detailed description provided in the patent specification. This includes how the invention works, its components, and any specific processes or methods involved.

Technical Field

• The technical field of U.S. Patent 3,922,305 would be related to pharmaceuticals, given the context. This could involve a specific drug, its formulation, or a method of treatment.

Patent Landscape

Prior Art and Novelty

• To be granted, a patent must be novel and non-obvious over the prior art. The patent landscape at the time of filing would have included existing pharmaceutical patents and publications that the inventors would have needed to differentiate their invention from[4].

Competing Patents

• The patent landscape in the pharmaceutical sector is highly competitive. Other patents in the same field would have been considered during the examination process to ensure that U.S. Patent 3,922,305 did not infringe on existing patents.

Examination Process

Patent Office Procedures

• The examination process for U.S. Patent 3,922,305 would have involved a thorough review by the United States Patent and Trademark Office (USPTO). This includes checking for novelty, non-obviousness, and utility, as well as ensuring that the claims are clear and definite[1].

Allowance Rates

• The probability of receiving a patent can vary based on several factors, including the technology field and the entity size of the applicant. For example, the allowance rate for pharmaceutical patents might differ from those in other fields[1].

International Considerations

Global Patent System

• Patents are territorial, meaning they are granted on a country-by-country basis. If the inventors of U.S. Patent 3,922,305 sought protection in other countries, they would have had to file separate patent applications in those jurisdictions[4].

International Patent Databases

• To assess the global patent landscape, one can use databases such as the European Patent Office's esp@cenet, the Japan Patent Office's database, or the World Intellectual Property Organization's PATENTSCOPE® Search Service[4].

Practical Implications

Commercial Use and Licensing

• Even though U.S. Patent 3,922,305 has expired, understanding its scope and claims can be crucial for companies looking to develop similar products. This involves ensuring that any new developments do not infringe on the expired patent's claims or those of related patents that may still be in force.

Generic Entry

• Upon the expiration of a pharmaceutical patent, generic versions of the drug can enter the market. The expiration of U.S. Patent 3,922,305 would have allowed generic manufacturers to produce and market the drug, assuming no other blocking patents were in place[5].

Key Takeaways

• Patent Claims: Define the scope of the invention and are critical for determining what is protected.
• Patent Landscape: Includes prior art, competing patents, and international considerations.
• Examination Process: Involves a thorough review by the USPTO to ensure novelty, non-obviousness, and utility.
• Commercial Implications: Understanding the patent's scope is essential for commercial use and licensing, even after expiration.

FAQs

1. What is the significance of patent claims in a patent?

   • Patent claims define the scope of the invention and determine what is protected by the patent.

2. How long does a U.S. patent typically last?

   • A U.S. patent typically lasts for 20 years from the filing date.

3. What happens when a pharmaceutical patent expires?

   • Upon expiration, generic versions of the drug can enter the market.

4. How can one search for prior art related to a patent?

   • One can use resources such as the USPTO's Patent Public Search tool, Global Dossier, and international patent databases like esp@cenet and PATENTSCOPE®[4].

5. Why is understanding the patent landscape important?

   • It helps in identifying competing patents, ensuring non-infringement, and navigating the global patent system.

Sources

1. Carley, M., & Hegde, D. (n.d.). What Is the Probability of Receiving a US Patent?. Yale Journal of Law and Technology.
2. Administrative Conference of the United States. (n.d.). U.S. Patent Small Claims Court. ACUS.
3. United States Patent and Trademark Office. (n.d.). Patent Claims Research Dataset. USPTO.
4. United States Patent and Trademark Office. (n.d.). Search for patents. USPTO.
5. DrugPatentWatch. (n.d.). Pharmaceutical drugs covered by patent 3,922,305. DrugPatentWatch.

Drugs Protected by US Patent 3,922,305

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate

International Family Members for US Patent 3,922,305

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Belgium	650988
Brazil	6461109
Switzerland	494730
Germany	1468341