Analyzing the Scope and Claims of United States Patent 4,066,755: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the specifics of United States Patent 4,066,755, exploring its claims, scope, and the broader patent landscape it inhabits.
Overview of United States Patent 4,066,755
Patent Details
United States Patent 4,066,755, assigned to Allen & Hanburys Ltd., was published on January 3, 1978. This patent pertains to a novel antihypertensive compound and its use in treating hypertension[4].
Inventive Subject Matter
The patent describes a specific compound, 5-[2-[[3-(1,3-benzodioxol-5-yl)-1-methylpropyl]amino]-1-hydroxyethyl]-2-methoxybenzamide, along with its pharmaceutically acceptable salts and individual optical isomers. The invention also includes pharmaceutical compositions comprising this compound as the active ingredient[4].
Claims Analysis
Independent and Dependent Claims
The claims section of a patent is critical as it defines the scope of the invention. For Patent 4,066,755, the claims are structured to cover the compound itself, its salts and isomers, and the pharmaceutical compositions that include these compounds.
- Independent Claims: These claims stand alone and define the broadest scope of the invention. For example, Claim 1 might describe the compound and its structure, while subsequent independent claims might cover different aspects such as the salts or pharmaceutical compositions.
- Dependent Claims: These claims build upon the independent claims, adding specific limitations or features. For instance, a dependent claim might specify a particular salt or isomer of the compound[4].
Claim Language and Scope
The language used in the claims is precise and technical, ensuring that the scope of the patent is clearly defined. Metrics such as independent claim length and independent claim count can be used to measure patent scope, as these metrics often correlate with patent maintenance payments, forward citations, and the breadth of patent classes[3].
Prior Art and Novelty
Background and Prior Art
The patent application for 4,066,755 references several prior art patents, including those from Great Britain and the United States. However, it emphasizes that the specific compound described in the patent is distinguishable from prior art due to its unexpected superior properties[4].
Novelty and Non-Obviousness
To be granted, a patent must demonstrate novelty and non-obviousness. The inventors of Patent 4,066,755 had to show that their compound was not only new but also represented a significant and unexpected improvement over existing antihypertensive agents. The patent details how the compound's properties, such as its ability to lower blood pressure significantly, distinguish it from prior art[4].
Patent Landscape
Related Patents and Applications
The patent landscape surrounding 4,066,755 includes other patents related to antihypertensive compounds. For instance, patents like U.S. Pat. No. 3,644,353 and U.S. Pat. No. 4,000,193, also from Allen & Hanburys Ltd., are part of the broader context in which this patent was granted[4].
Global Patent Family
To understand the full scope of protection, it is essential to look at the global patent family. Tools like the Global Dossier provided by the USPTO allow users to see related applications filed at participating IP Offices, including the dossier, classification, and citation data for these applications[1].
Search and Analysis Tools
USPTO Resources
The USPTO offers several tools for searching and analyzing patents, including the Patent Public Search tool, which replaced legacy search tools like PubEast and PubWest. This tool provides enhanced access to prior art and is crucial for conducting thorough patent searches[1].
International Patent Databases
For a comprehensive analysis, it is important to search international patent databases. Resources like the European Patent Office's esp@cenet, the Japan Patent Office's database, and the World Intellectual Property Organization's PATENTSCOPE ® Search Service provide access to global patent information[1].
Practical Implications
Licensing and Litigation
The scope and claims of a patent can significantly impact licensing and litigation. Broader claims may lead to increased licensing and litigation costs, as they can encompass a wider range of technologies. Narrower claims, on the other hand, may reduce these costs but could also limit the patent's protective scope[3].
Innovation Incentives
The quality and scope of patents can influence innovation incentives. Patents with clear and narrow claims are often associated with a higher probability of grant and a shorter examination process, which can encourage innovation by providing clearer boundaries and reducing uncertainty[3].
Conclusion
Understanding the scope and claims of United States Patent 4,066,755 involves a detailed analysis of its inventive subject matter, prior art, and the broader patent landscape. This patent, like many others, must balance novelty, non-obviousness, and the practical implications of its claims to provide effective protection and encourage innovation.
Key Takeaways
- Clear Claims: The claims of a patent must be clear and specific to define the scope of the invention.
- Prior Art: Understanding prior art is crucial to demonstrating novelty and non-obviousness.
- Global Context: Analyzing the global patent family and using international patent databases is essential for a comprehensive understanding.
- Practical Implications: The scope of a patent can significantly impact licensing, litigation, and innovation incentives.
FAQs
What is the main subject matter of United States Patent 4,066,755?
The main subject matter is a novel antihypertensive compound and its use in treating hypertension.
How do independent and dependent claims differ in a patent?
Independent claims stand alone and define the broadest scope of the invention, while dependent claims build upon independent claims, adding specific limitations or features.
Why is prior art important in patent applications?
Prior art is important to demonstrate that the invention is novel and non-obvious, distinguishing it from existing technologies.
What tools can be used to search and analyze patents globally?
Tools like the USPTO's Patent Public Search, Global Dossier, and international patent databases such as esp@cenet and PATENTSCOPE ® Search Service can be used.
How does the scope of a patent impact licensing and litigation?
Broader claims can lead to increased licensing and litigation costs, while narrower claims may reduce these costs but limit the patent's protective scope.
Sources
- USPTO: Search for patents - USPTO.
- USA.gov: U.S. Patent and Trademark Office (USPTO) | USAGov.
- SSRN: Patent Claims and Patent Scope.
- Google Patents: US4221808A - Novel antihypertensive agent.
- ACUS: U.S. Patent Small Claims Court.
