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Last Updated: December 22, 2024

Details for Patent: 4,060,691


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Summary for Patent: 4,060,691
Title: 7-{3-Hydroxy-2-[4-hydroxy-4-(lower alkyl)-trans-1-octen-1-yl]-5-oxocyclopent-1-yl}heptanoic acids and esters
Abstract:7-{3-Hydroxy-2-[4-hydroxy-4-(lower alkyl)-trans-1-octen-1-yl]-5-oxocyclopent-1-yl{heptanoic acids and esters, displaying valuable pharmacological properties, e.g., gastric anti-secretory, are produced by the reaction of a 7-(3-oxygenated-5-oxocyclopent-1-en-1-yl)heptanoic acid or ester with the appropriate organometallic reagent.
Inventor(s): Collins; Paul W. (Deerfield, IL), Pappo; Raphael (Skokie, IL)
Assignee: G. D. Searle & Co. (Chicago, IL)
Application Number:05/642,830
Patent Claim Types:
see list of patent claims
Compound;
Patent landscape, scope, and claims:

Understanding the Scope and Claims of United States Patent 4,060,691: A Detailed Analysis

Introduction

United States Patent 4,060,691, though an older patent, provides valuable insights into the evolution of patent law and the intricacies of patent claims. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.

Background of the Patent

Patent 4,060,691 was granted on November 29, 1977, for an invention related to a specific technological field. To analyze this patent, it is crucial to understand the context in which it was filed and the technological advancements of that era.

Scope of the Patent

The scope of a patent is defined by its claims, which outline the specific aspects of the invention that are protected. Here, we need to identify what the patent covers and what it does not.

Claim Structure

  • Independent Claims: These are the broadest claims in the patent and define the core invention.
  • Dependent Claims: These claims are narrower and build upon the independent claims, often adding specific details or limitations.

Claim Analysis

For Patent 4,060,691, each claim must be analyzed to understand its contribution to the overall scope of the patent. This involves identifying key elements such as:

  • Novelty: What new aspects does the invention bring to the field?
  • Non-obviousness: Is the invention significantly different from existing technologies?
  • Usefulness: Does the invention have a practical application?

Subject Matter Eligibility

In the context of modern patent law, subject matter eligibility is a critical aspect. The 2024 USPTO guidance update on AI patents, for example, emphasizes the integration of judicial exceptions into practical applications to ensure patent eligibility[1].

Practical Application

Even though Patent 4,060,691 predates the current AI-focused guidance, the principle of integrating abstract ideas into practical applications remains relevant. The claims must demonstrate how the invention provides concrete benefits or solves specific problems in its field.

Patent Landscape

Understanding the patent landscape involves analyzing related patents, both prior and subsequent, to identify gaps, opportunities, and potential conflicts.

Prior Art

  • Search Tools: Utilizing tools like the USPTO's Patent Public Search, Global Dossier, and other international databases helps in identifying prior art that may affect the validity or scope of the patent[4].

Related Patents

  • Claim Coverage Matrix: Tools like those described by Schwegman can help categorize patents by claims and scope concepts, making it easier to analyze the patent landscape and identify where Patent 4,060,691 fits within it[3].

Enablement and Written Description

The enablement and written description requirements are crucial for ensuring that the patent disclosure is sufficient for one skilled in the art to practice the invention.

Recent Guidelines

Guidelines for assessing enablement, such as those related to the Supreme Court decision in Amgen Inc. et al. v., emphasize the importance of detailed descriptions and the ability to replicate the invention based on the provided information[2].

Real-World Applications

Demonstrating real-world applications of the claimed method or system is essential for bolstering the argument for patent eligibility.

Case Studies

  • Example from USPTO Guidance: The 2024 USPTO guidance update provides examples, such as Claim 2 in Example 48, which specifies the use of separated audio components in a speech recognition system. This practical application transforms the abstract idea into a patent-eligible invention[1].

Challenges and Opportunities

Analyzing the scope and claims of an older patent like 4,060,691 also involves considering the challenges and opportunities it presents in the current technological landscape.

Technological Advancements

  • Evolution of Technology: Since the patent was granted, significant technological advancements may have occurred, potentially rendering some aspects of the patent obsolete or opening new avenues for innovation.

Legal Considerations

  • Recent Case Law: The incorporation of recent case law and updates in patent eligibility criteria can affect how older patents are viewed and enforced[1].

Key Takeaways

  • Claim Analysis: Detailed analysis of each claim is essential to understand the scope and protection offered by the patent.
  • Practical Application: Demonstrating how the invention integrates abstract ideas into practical applications is crucial for patent eligibility.
  • Patent Landscape: Understanding the broader patent landscape helps in identifying gaps, opportunities, and potential conflicts.
  • Enablement and Written Description: Ensuring that the patent disclosure meets enablement and written description requirements is vital.
  • Real-World Applications: Showing real-world applications of the claimed method or system strengthens the patent’s validity.

FAQs

  1. What is the significance of the scope of a patent?

    • The scope of a patent defines what aspects of the invention are protected and sets the boundaries for what can be considered an infringement.
  2. How do recent USPTO guidelines impact older patents?

    • Recent guidelines, such as the 2024 update on AI patents, provide new standards for evaluating patent eligibility, which can influence how older patents are interpreted and enforced.
  3. What tools are available for searching and analyzing patents?

    • Tools like the USPTO's Patent Public Search, Global Dossier, and ClaimScape® software are available for searching and analyzing patents to understand the patent landscape[3][4].
  4. Why is enablement important in patent law?

    • Enablement ensures that the patent disclosure is sufficient for one skilled in the art to practice the invention, making it a critical requirement for patent validity.
  5. How can real-world applications affect patent eligibility?

    • Demonstrating real-world applications of the claimed method or system can transform abstract ideas into patent-eligible inventions by showing practical utility and concrete benefits.

Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz[1]
  2. Guidelines for Assessing Enablement in Utility Applications and ... - Federal Register[2]
  3. Patent Analytics | Intellectual Property Law - Schwegman[3]
  4. Search for patents - USPTO - USPTO[4]

More… ↓

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Drugs Protected by US Patent 4,060,691

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

Foreign Priority and PCT Information for Patent: 4,060,691

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
South Africa75/1391Mar 6, 1975

International Family Members for US Patent 4,060,691

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 207355 ⤷  Subscribe
Austria 351684 ⤷  Subscribe
Austria A227375 ⤷  Subscribe
Australia 7947175 ⤷  Subscribe
Belgium 827127 ⤷  Subscribe
Canada 1040197 ⤷  Subscribe
Switzerland 613443 ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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