United States Patent 4,179,507: A Detailed Analysis of Scope and Claims
Introduction
United States Patent 4,179,507, granted in 1980, is a significant patent in the field of pharmaceuticals, particularly focusing on quarternary ammonium compounds. This patent, assigned to Burroughs Wellcome Co., describes a series of bis veratryl isoquinolinium quaternary ammonium salts, including the well-known drug atracurium besylate. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Invention
The patent pertains to heterocyclic compounds with useful biological properties, specifically quarternary ammonium compounds. These compounds are synthesized and formulated into pharmaceutical compositions, which have found applications in various medical fields, including anesthesia and neuromuscular blockade[1].
Scope of the Patent
The scope of the patent is defined by the claims, which are critical in demarcating the boundaries of the patent owner’s rights. The claims in this patent are broad enough to capture a class of compounds rather than narrow, specific embodiments. Here are some key aspects of the scope:
- Chemical Structure: The patent describes compounds of a general formula, including specific alkylene radicals and anion groups. For example, the preferred class of compounds includes those with methoxy groups in specific positions and alkylene chains of a certain length[1].
- Biological Properties: The compounds are noted for their useful biological properties, which are essential for their pharmaceutical applications.
- Synthesis and Formulation: The patent details the synthesis process and the formulation of these compounds into pharmaceutical compositions.
Claims Analysis
The claims in this patent are structured to capture a broad range of compounds while ensuring they are specific enough to be enforceable.
- Independent Claims: The independent claims define the core invention, specifying the general structure of the quarternary ammonium compounds and their synthesis.
- Dependent Claims: The dependent claims further narrow down the scope by specifying particular aspects such as the length of alkylene chains, the position of methoxy groups, and the type of anion groups[1].
Drafting and Scope Considerations
The drafting of patent claims is a delicate process, as it must balance breadth with specificity. Here are some considerations relevant to this patent:
- Genus Claims: The patent includes genus claims, which are claims that cover a class of items rather than specific embodiments. These claims are common in pharmaceutical and biotechnology patents but must be supported by a sufficient written description to be valid[3].
- Written Description Requirement: The claims must be supported by a written description that is "full, clear, concise, and exact" enough to enable any person skilled in the art to make and use the invention. This requirement is crucial for the validity of the patent claims[3].
Patent Landscape and Industry Impact
The patent landscape surrounding US 4,179,507 is complex and influenced by various factors:
- Pharmaceutical and Biotechnology Industry: This patent is significant in the pharmaceutical and biotechnology industry, where broad patent claims are often sought to protect a wide range of compounds. However, recent jurisprudence has made it challenging to obtain valuable patent protection for drugs and biologics due to strict requirements on genus claims[3].
- Competitive Environment: The ability to separate and purify specific isomers, as described in later patents like US 8,461,338, has become crucial in this field. This highlights the ongoing innovation and competition in developing and refining these compounds[4].
Separation and Purification of Isomers
One of the critical aspects of this patent is the synthesis and potential separation of isomers. While the original patent does not address the separation of isomers, later patents have focused on this issue:
- Isomer Separation: The process of separating the isomers of atracurium salts, for example, has been improved in subsequent patents. This is essential for ensuring the purity and efficacy of the pharmaceutical product[4].
Trademarks and Patent Claims
Although trademarks are not directly relevant to the claims in US 4,179,507, it is important to note the general principles regarding trademarks in patent claims:
- Definiteness Requirement: Using trademarks in patent claims can risk rendering the claims indefinite if the trademark does not have a sufficiently definite meaning. Patent practitioners must ensure that any trademark used in claims is clearly defined and does not introduce ambiguity[5].
Key Takeaways
- Broad yet Specific Claims: The patent claims are designed to be broad enough to cover a class of compounds while being specific enough to be enforceable.
- Written Description Support: The claims must be supported by a sufficient written description to meet the requirements of 35 U.S.C. § 112(a).
- Industry Impact: The patent has significant implications for the pharmaceutical and biotechnology industry, particularly in the development and protection of quarternary ammonium compounds.
- Isomer Separation: The separation and purification of isomers are critical for the efficacy and purity of the pharmaceutical products derived from these compounds.
FAQs
Q: What type of compounds are described in US 4,179,507?
A: The patent describes quarternary ammonium compounds, specifically bis veratryl isoquinolinium quaternary ammonium salts.
Q: What is the significance of genus claims in this patent?
A: Genus claims are used to capture a class of compounds rather than specific embodiments, which is common in pharmaceutical and biotechnology patents.
Q: How does the patent address the separation of isomers?
A: The original patent does not address the separation of isomers, but later patents have developed methods for this process.
Q: Why is the written description requirement important for this patent?
A: The written description must be "full, clear, concise, and exact" to enable any person skilled in the art to make and use the invention, ensuring the validity of the patent claims.
Q: Can trademarks be used in patent claims, and what are the risks?
A: While trademarks can be used, they risk rendering the claims indefinite if not clearly defined. Patent practitioners must ensure that any trademark used is sufficiently definite to inform the public of the claim boundaries.
Sources
- US4179507A - Quarternary ammonium compounds - Google Patents
- Patent Claims Research Dataset - USPTO
- Eviscerating Patent Scope - DigitalCommons@NYLS
- (1R, 1?R)-atracurium salts separation process - Justia Patents
- Considerations for Referencing Trademarks in Patent Claims - BOMCIP
