Details for Patent: 4,137,309

Summary for Patent: 4,137,309

Title:	Therapeutic treatment
Abstract:	Organophosphonate compounds are used in the treatment of sickle cell anemia and other hemoglobinopathies, as well as attendant peripheral vascular diseases.
Inventor(s):	Van Duzee; Barry F. (Cincinnati, OH)
Assignee:	The Procter & Gamble Company (Cincinnati, OH)
Application Number:	05/732,226
Patent Claim Types: see list of patent claims	Use; Compound; Process;

Understanding the Scope and Claims of United States Patent 4,137,309: A Comprehensive Analysis

Introduction

When analyzing a patent, it is crucial to delve into its scope, claims, and the broader patent landscape to fully comprehend its significance and implications. This article will provide a detailed analysis of United States Patent 4,137,309, focusing on its claims, the context within which it was granted, and the relevant legal and technical aspects.

Background of the Patent

United States Patent 4,137,309, though not specifically detailed in the provided sources, typically involves a thorough examination of its invention, claims, and the technological field it pertains to. Patents are granted for novel and non-obvious inventions, and each patent must meet specific criteria set by the United States Patent and Trademark Office (USPTO)[5].

The Claims

Definition and Purpose

The claims of a patent define the matter for which protection is sought. They must be clear, concise, and fully supported by the description provided in the patent application[5].

Structure and Format

Claims are typically numbered consecutively in Arabic numerals and must be reasonable in number considering the nature of the invention. They can be independent or dependent, with dependent claims referring to other claims or parts of the application[5].

Example Analysis

For a patent like 4,137,309, the claims would outline the specific elements of the invention that are novel and non-obvious. For instance, if the patent pertains to a mechanical device, the claims might detail the unique components, their arrangement, and how they function together to achieve a specific result.

Scope of the Patent

Measuring Patent Scope

Patent scope can be measured using various metrics, such as independent claim length and independent claim count. These metrics help in assessing the breadth and clarity of the patent claims. Narrower claims are often associated with a higher probability of grant and a shorter examination process[3].

Impact on Innovation

The scope of a patent can significantly impact innovation. Patents with overly broad claims can lead to increased licensing and litigation costs, potentially diminishing incentives for further innovation. Therefore, it is crucial to ensure that the claims are well-defined and not overly broad[3].

Legal Considerations

Functionality and Obviousness

Patents must pass the tests of functionality and non-obviousness. If a design is deemed functional, it may not be patentable. Similarly, if a design is obvious in light of prior art, it will not be granted patent protection. The court's analysis in cases like Golden Eye Media USA, Inc. v. EVO Lifestyle Products highlights the importance of these tests[1].

Prior Art and Secondary References

When evaluating the obviousness of a patent, courts consider the scope and content of prior art, the level of ordinary skill in the art, and the differences between the claimed invention and the prior art. Secondary references can be used to modify primary references to create a design that has the same overall visual appearance as the claimed design[1].

Patent Landscape

Historical Context

Patents granted in the late 20th century, such as 4,137,309, were part of a broader landscape where patent laws and practices were evolving. The USPTO's datasets and research papers provide insights into trends and changes in patent scope and quality over the years[2][3].

Economic and Technological Impact

The patent landscape influences economic and technological development. Patents can foster innovation by providing exclusive rights to inventors, but they must be balanced to avoid stifling competition. The economic research datasets from the USPTO offer valuable insights into these dynamics[2].

Case Studies and Examples

Real-World Applications

To understand the practical implications of a patent like 4,137,309, it is helpful to look at real-world applications. For instance, if the patent is for a medical device, analyzing how it has been used and its impact on healthcare can provide valuable context.

Industry Expert Insights

Industry experts often provide valuable insights into the significance and impact of patents. For example, an expert in the field related to the patent might discuss how the invention has influenced industry standards or driven further innovation.

Challenges and Controversies

Patent Quality Debates

There are ongoing debates about patent quality, with some arguing that patents have become overly broad and less clear. This can lead to increased litigation and licensing costs, which can hinder innovation[3].

Litigation and Enforcement

Patent litigation, such as the case of Golden Eye Media USA, Inc. v. EVO Lifestyle Products, highlights the challenges in enforcing patent rights. Courts must carefully consider the evidence and apply legal principles to determine the validity and scope of patents[1].

Key Takeaways

• Clear and Concise Claims: Patent claims must be clear, concise, and fully supported by the description.
• Scope and Breadth: The scope of a patent can impact innovation and must be balanced to avoid overly broad claims.
• Legal Tests: Patents must pass tests of functionality and non-obviousness.
• Prior Art and Secondary References: Courts consider prior art and secondary references when evaluating patent validity.
• Economic and Technological Impact: Patents influence economic and technological development and must be balanced to foster innovation.

FAQs

What are the key elements of patent claims?

Patent claims must define the matter for which protection is sought, be clear and concise, and be fully supported by the description provided in the patent application[5].

How is patent scope measured?

Patent scope can be measured using metrics such as independent claim length and independent claim count. These metrics help in assessing the breadth and clarity of the patent claims[3].

What is the significance of prior art in patent evaluation?

Prior art is crucial in evaluating the obviousness of a patent. Courts consider the scope and content of prior art, the level of ordinary skill in the art, and the differences between the claimed invention and the prior art[1].

How do overly broad patents impact innovation?

Overly broad patents can lead to increased licensing and litigation costs, potentially diminishing incentives for further innovation[3].

What role do secondary references play in patent evaluation?

Secondary references can be used to modify primary references to create a design that has the same overall visual appearance as the claimed design, helping to determine if the patent is obvious[1].

Sources

1. CAFC Opinion: GOLDEN EYE MEDIA USA, INC. v. EVO LIFESTYLE PRODUCTS, CAFC, June 22, 2022.
2. USPTO Dataset: Patent Claims Research Dataset, USPTO, August 28, 2017.
3. SSRN Paper: Marco, Alan C., Sarnoff, Joshua D., and deGrazia, Charles, "Patent Claims and Patent Scope," SSRN, September 29, 2016.
4. National Jewish Health: United States Patent, National Jewish Health.
5. USPTO MPEP: 1824-The Claims, USPTO, R-07.2015.

Drugs Protected by US Patent 4,137,309

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