United States Patent 4,024,163: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 4,024,163, titled "Insecticides," was granted to Ernest L. Plummer and assigned to FMC Corporation. This patent, filed on December 4, 1978, and issued on May 17, 1977, pertains to the development of insecticidal esters. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Scope of the Patent
The patent focuses on the synthesis and application of insecticidal esters derived from 3-substituted-2,2-dimethylcyclopropane carboxylic acids. These compounds are designed to exhibit potent insecticidal properties, making them valuable in agricultural and pest control contexts.
Structural Composition
The insecticidal esters described in the patent are structurally characterized as esters of a 3-substituted-2,2-dimethylcyclopropane carboxylic acid and an alcohol moiety. The variations in the alcohol moiety and the substituents on the cyclopropane ring are extensively detailed, highlighting the flexibility and breadth of the invention[1][5].
Claims of the Patent
The claims of the patent are crucial as they define the legal boundaries of the invention.
Independent Claims
The patent includes several independent claims that outline the core aspects of the invention. These claims cover:
- The specific chemical structure of the insecticidal esters.
- The methods of synthesizing these esters.
- The use of these esters as insecticides.
Dependent Claims
Dependent claims further specify the scope by detailing particular substituents, reaction conditions, and application methods. These claims help to narrow down the invention to specific embodiments, ensuring a clear understanding of what is protected under the patent[1].
Patent Landscape
Understanding the patent landscape is essential for grasping the significance and positioning of US Patent 4,024,163 within the broader context of insecticide development.
Prior Art
The patent cites several prior art documents, including other patents by the same inventor, which indicate the evolutionary nature of the research in this field. These citations help in establishing the novelty and non-obviousness of the current invention[1][5].
Related Patents
Other patents in the same class (e.g., C07C 69/74 and A01N 9/30) and related fields (e.g., 424/305 and 560/124) provide a broader view of the technological advancements in insecticide chemistry. These patents often share similar structural motifs or application methods, highlighting the competitive and innovative environment in this sector[1].
International Context
While the patent is specific to the United States, similar inventions and research are likely to be found in international patent databases. For instance, the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO) would have analogous patents and applications that could be relevant for global market considerations[2].
Valuation and Commercial Significance
The commercial value of a patent like US 4,024,163 can be significant, especially given its potential impact on agricultural and pest control industries.
Market Approach
The market approach to valuing patents involves looking at comparable sales. For instance, large portfolios of patents related to chemical and agricultural innovations can fetch substantial sums. The sale of Nortel's patent portfolio for $4.5 billion and Google's acquisition of Motorola Mobility's patents for $12.5 billion illustrate the high value placed on intellectual property in this sector[4].
Income Approach
The income approach considers the future benefits provided by the patent, such as royalties or cost savings. For an insecticide patent, this could include projected sales revenue and market share gains over the patent's lifetime[4].
Expiration and Public Domain
The patent's term has expired, with the portion of the term subsequent to December 21, 1995, having been disclaimed. This means that the invention is now in the public domain, allowing others to use, manufacture, and sell the described insecticidal esters without infringing on the original patent[1][5].
Impact on Innovation
The expiration of the patent and its entry into the public domain can stimulate further innovation. Other researchers and companies can build upon this foundational work, leading to new and improved insecticides.
Forward Citations
While the patent itself is no longer active, it may still be cited by newer patents in the field. This would indicate its influence on subsequent research and development in insecticide chemistry[3].
Key Takeaways
- Scope and Claims: The patent covers a range of insecticidal esters with specific structural characteristics and synthesis methods.
- Patent Landscape: The invention is part of a broader landscape of chemical and agricultural patents, with significant commercial value.
- Valuation: The patent's value can be assessed through market, income, and cost approaches, reflecting its potential impact on the industry.
- Public Domain: The patent's expiration allows for public use and further innovation in the field.
FAQs
What is the primary focus of US Patent 4,024,163?
The primary focus is on the development and application of insecticidal esters derived from 3-substituted-2,2-dimethylcyclopropane carboxylic acids.
What are the key structural components of the insecticidal esters described in the patent?
The esters are composed of a 3-substituted-2,2-dimethylcyclopropane carboxylic acid and an alcohol moiety, with various substituents and reaction conditions detailed.
How does the patent fit into the broader patent landscape?
The patent is part of a larger body of work in insecticide chemistry, citing prior art and related patents, and is positioned within international patent databases.
What is the commercial significance of this patent?
The patent has significant commercial value, as evidenced by comparable sales of similar patent portfolios in the agricultural and chemical sectors.
Is the patent still active?
No, the patent has expired, and the invention is now in the public domain.
How can the expiration of the patent impact future innovation?
The expiration allows other researchers and companies to use and build upon the invention, potentially leading to new and improved insecticides.
Sources
- US4024163A - Insecticides - Google Patents
- Search for patents - USPTO
- Patent Claims and Patent Scope - SSRN
- The value of a patent - Perpetual Motion Patents
- United States Patent (19) - googleapis.com