Analyzing the Scope and Claims of United States Patent 3,998,790
Introduction
United States Patent 3,998,790, titled "Phenoxy-hydroxypropylamines, their preparation, and method and pharmaceutical preparations for treating cardiovascular diseases," is a significant patent in the pharmaceutical sector. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
The patent, issued to the inventors, describes a class of compounds known as phenoxy-hydroxypropylamines, which are useful in treating heart diseases in animals, including humans. Here is a brief overview of the patent:
- Title: Phenoxy-hydroxypropylamines, their preparation, and method and pharmaceutical preparations for treating cardiovascular diseases.
- Patent Number: 3,998,790
- Issue Date: This information is not provided in the sources, but it can be found through the USPTO database.
- Claims: The patent includes 20 claims, which are crucial for understanding the scope of the invention[5].
Scope of the Patent
The scope of a patent is defined by its claims, which outline what the inventor considers to be their invention. Here are some key aspects of the scope:
Claims Analysis
- Independent Claims: These claims stand alone and define the invention without reference to other claims. In this patent, the independent claims focus on the chemical compounds themselves, their preparation methods, and their use in pharmaceutical preparations[5].
- Dependent Claims: These claims build upon the independent claims and provide additional details or limitations. For example, dependent claims might specify particular methods of synthesis or specific pharmaceutical formulations.
Claim Language and Scope
The language used in the claims is critical for determining the patent's scope. Narrower claims typically provide stronger protection but may limit the invention's applicability, while broader claims may face more challenges during the examination process and in litigation. Research suggests that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Preparation and Method Claims
The patent includes detailed descriptions of how to prepare the phenoxy-hydroxypropylamines. Here are some key points:
- Synthesis: The patent describes specific chemical reactions and conditions necessary for synthesizing these compounds. This includes the reaction of certain precursors under specific temperature and solvent conditions[5].
- Pharmaceutical Preparations: The claims also cover the methods for preparing pharmaceutical formulations using these compounds, which is essential for their therapeutic application.
Pharmaceutical Applications
The patent emphasizes the therapeutic use of phenoxy-hydroxypropylamines in treating cardiovascular diseases. Here are some key points:
- Cardiovascular Diseases: The compounds are described as useful in treating heart diseases, which is a significant application given the prevalence and impact of cardiovascular conditions.
- Pharmaceutical Formulations: The patent includes claims related to the formulation of these compounds into pharmaceutical products, such as tablets, capsules, or injectables[5].
Patent Landscape
Understanding the broader patent landscape is crucial for assessing the significance and potential impact of this patent.
Prior Art and Related Patents
- Global Dossier: Using tools like the Global Dossier, one can identify related patent applications and their status across different intellectual property offices. This helps in understanding the global patent family and any potential overlaps or conflicts[1].
- International Patent Offices: Searching databases from other international patent offices, such as the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO), can reveal similar or related inventions[1].
Citation Data
- Common Citation Document (CCD): The CCD application consolidates prior art cited by all participating offices for the family members of a patent application. This can help in understanding the prior art landscape and how this patent fits into it[1].
Industry Impact and Relevance
The impact of this patent on the pharmaceutical industry can be significant:
- Innovation: Patents like this one drive innovation by providing exclusive rights to the inventors, which can incentivize further research and development.
- Therapeutic Applications: The specific use of phenoxy-hydroxypropylamines in treating cardiovascular diseases addresses a critical health need, making this patent highly relevant to public health.
Expert Insights
Industry experts often emphasize the importance of patent scope and claims in determining the value and enforceability of a patent.
"Patent scope is one of the important aspects in the debates over ‘patent quality.’ The purported decrease in patent quality over the past decade or two has supposedly led to granting patents of increased breadth (or ‘overly broad’ patents), decreased clarity, and questionable validity."[3]
Key Takeaways
- Claims Analysis: The patent includes 20 claims that define the scope of the invention, including independent and dependent claims.
- Preparation and Method Claims: Detailed descriptions of synthesis and pharmaceutical preparation methods are provided.
- Pharmaceutical Applications: The patent is significant for its therapeutic use in treating cardiovascular diseases.
- Patent Landscape: Understanding related patents and prior art is crucial for assessing the patent's impact and potential conflicts.
- Industry Impact: The patent drives innovation and addresses a critical health need.
FAQs
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What is the main subject of United States Patent 3,998,790?
- The main subject is phenoxy-hydroxypropylamines, their preparation, and their use in treating cardiovascular diseases.
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How many claims are included in this patent?
- The patent includes 20 claims.
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What is the significance of the claims in a patent?
- The claims define the scope of the invention and determine what is protected by the patent.
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How can one search for related patents globally?
- Tools like the Global Dossier and databases from international patent offices such as EPO, JPO, and WIPO can be used to search for related patents globally[1].
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Why is the scope of a patent important?
- The scope of a patent determines its enforceability and the extent of protection it provides to the inventor. Narrower claims may offer stronger protection but limit applicability, while broader claims may face more challenges[3].
Sources
- USPTO - Search for patents
- Google Patents - US20090247642A1
- SSRN - Patent Claims and Patent Scope
- Google Patents - US20090247642A1
- Justia Patents - US Patent for Phenoxy-hydroxypropylamines
