Understanding the Scope and Claims of United States Patent 4,078,071
Introduction
United States Patent 4,078,071, titled "Derivatives of substituted N-alkyl imidazoles," is a patent that was granted for a specific class of chemical compounds. To analyze the scope and claims of this patent, it is essential to delve into its various components, including the claim language, the described inventions, and the broader patent landscape.
Patent Overview
Publication Number and Authority
The patent number is US4078071A, and it was issued by the United States Patent and Trademark Office (USPTO)[4].
Claim Language and Scope
Independent and Dependent Claims
The patent includes a series of claims that define the scope of the invention. These claims are divided into independent and dependent claims. Independent claims stand alone and define the invention broadly, while dependent claims build upon the independent claims and provide more specific details.
- Independent Claims: These claims typically describe the core elements of the invention, such as the chemical structure and functional groups of the N-alkyl imidazoles.
- Dependent Claims: These claims further specify the invention by adding additional limitations or features, such as specific substituents, alkyl groups, or other chemical modifications[4].
Described Inventions
Chemical Compounds
The patent describes derivatives of substituted N-alkyl imidazoles, which are a class of heterocyclic compounds. These compounds are characterized by their imidazole ring and various substituents such as alkyl, aryl, and other functional groups.
- Imidazole Ring: The core structure of the compounds is the imidazole ring, which is a five-membered ring containing two non-adjacent nitrogen atoms.
- Substituents: The patent details various substituents that can be attached to the imidazole ring, including butyl, chlorophenyl, phenyl, and other groups. These substituents can significantly affect the properties and uses of the compounds[4].
Prior Art and Novelty
Prior Art Keywords
The patent lists several prior art keywords, such as imidazole, compound, butyl, chlorophenyl, and phenyl. These keywords indicate the existing knowledge in the field at the time of the patent application and help in understanding the novelty of the invention.
- Novelty: The patent claims novelty in the specific combinations and arrangements of the substituents on the imidazole ring, which differentiate the claimed compounds from existing prior art[4].
Uses and Applications
Anti-Microbial Effects
The patent describes the anti-microbial effects of the derivatives, indicating their potential use in pharmaceutical or agricultural applications.
- Anti-Microbial Activity: The compounds are noted for their inhibitory effects on fungi and bacteria, making them candidates for use as antimicrobial agents[4].
Patent Examination and Validity
Examination Process
The examination process for this patent would have involved a thorough review of the claims to ensure they meet the criteria of novelty, non-obviousness, and utility.
- Claim Construction: The claims would have been constructed to ensure they are clear and definite, avoiding any ambiguity that could lead to indefiniteness issues, as highlighted in legal precedents[2].
Patent Landscape
Global Context
Understanding the global patent landscape is crucial for assessing the impact and scope of the patent.
- Global Dossier: Tools like the Global Dossier provide access to file histories of related applications from participating IP Offices, helping to identify the patent family and related applications worldwide[1].
Search and Analysis Tools
Patent Public Search
Tools such as the Patent Public Search tool provided by the USPTO can be used to search for prior art and analyze the patent landscape.
- Common Citation Document (CCD): This tool consolidates citation data from multiple offices, helping to visualize the prior art cited by different offices for the same invention[1].
Maintenance and Enforcement
Patent Assignment and Ownership
The patent's ownership and any changes in ownership can be tracked using the Patent Assignment Search website.
- Patent Assignment: This tool allows users to search for patent assignments and changes in ownership, which is crucial for understanding the current legal status and ownership of the patent[1].
Legal Considerations
Presumption of Validity
United States patents, including US4078071A, are accompanied by a presumption of validity. This means that the patent is assumed to be valid unless proven otherwise through legal challenges such as inter partes review (IPR) or litigation[2].
- Claim Indefiniteness: Claims must be definite and clear to avoid legal challenges. The court reviews claim indefiniteness as a question of law, with underlying factual findings reviewed for clear error[2].
Key Takeaways
- Claim Language: The patent's claims define the scope of the invention, with independent claims providing the broadest definition and dependent claims adding specificity.
- Chemical Compounds: The patent describes derivatives of substituted N-alkyl imidazoles with various substituents.
- Novelty and Prior Art: The patent claims novelty in the specific combinations of substituents on the imidazole ring.
- Uses and Applications: The compounds have anti-microbial effects, making them useful in pharmaceutical or agricultural applications.
- Patent Examination and Validity: The claims must meet the criteria of novelty, non-obviousness, and utility, and must be clear and definite.
- Patent Landscape: Tools like the Global Dossier and Patent Public Search help in understanding the global patent landscape.
FAQs
Q: What is the main subject of United States Patent 4,078,071?
A: The main subject is derivatives of substituted N-alkyl imidazoles, a class of chemical compounds.
Q: What are the key features of the compounds described in the patent?
A: The compounds are characterized by an imidazole ring with various substituents such as alkyl, aryl, and other functional groups.
Q: What are the potential uses of the compounds described in the patent?
A: The compounds have anti-microbial effects, making them potential candidates for use as antimicrobial agents in pharmaceutical or agricultural applications.
Q: How can one search for prior art related to this patent?
A: Tools such as the Patent Public Search and Common Citation Document (CCD) can be used to search for prior art and analyze the patent landscape.
Q: What is the legal status of a granted patent in the United States?
A: A granted patent in the United States is accompanied by a presumption of validity, meaning it is assumed to be valid unless proven otherwise through legal challenges.
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- VASCULAR SOLUTIONS LLC v. MEDTRONIC, INC.. Retrieved from https://cafc.uscourts.gov/opinions-orders/24-1398.OPINION.9-16-2024_2384927.pdf
- Patent Claims and Patent Scope. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- US4078071A - Derivatives of substituted N-alkyl imidazoles. Retrieved from https://patents.google.com/patent/US4078071A/en
- U.S. Patent Small Claims Court. Retrieved from https://www.acus.gov/research-projects/us-patent-small-claims-court
