Details for Patent: 4,275,063

Summary for Patent: 4,275,063

Title:	Pharmaceutical compositions
Abstract:	A pharmaceutical composition useful for aiding regression and palliation of sarcoma, lymphosarcoma and leukaemia in mammals comprises a therapeutically effective amount of a compound of formula ##STR1## wherein R.sub.1 and R.sub.2 are each separately selected from hydrogen and methyl or together represent an ethylene bridging group, with the proviso that when both of the groups R.sub.1 and R.sub.2 are methyl they are disposed in the meso configuration, or a non-toxic salt thereof with a physiologically acceptable inorganic or organic acid, in combination with a physiologically acceptable diluent or carrier.
Inventor(s):	Creighton; Andrew M. (London, GB2)
Assignee:	National Research Development Corporation (GB2)
Application Number:	05/768,287
Patent Claim Types: see list of patent claims	Composition; Formulation; Dosage form; Use; Delivery;

Analyzing the Scope and Claims of United States Patent 4,275,063

Introduction

Understanding the scope and claims of a patent is crucial for determining its validity, enforceability, and the protection it offers to the inventor or assignee. This analysis will delve into the specifics of United States Patent 4,275,063, exploring its claims, scope, and the broader patent landscape it inhabits.

Patent Overview

United States Patent 4,275,063, though not directly provided in the sources, can be analyzed using general principles of patent law and analytics.

Patent Claims

Patent claims are the most critical part of any patent application as they define the scope of the invention and what is protected by the patent. Here are some key points to consider:

• 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[3].
• Claim Scope: The claims should be clear, concise, and definite. They must be supported by the specification and drawings of the patent application.
• Claim Coverage Matrix: Using tools like a Claim Coverage Matrix, one can categorize patents by claims and scope concepts to understand which claims are actively protecting the intellectual property and where gaps or opportunities exist[3].

Scope Concepts

Scope concepts help in categorizing and analyzing large numbers of patent claims. Here’s how they apply:

• Categorization: Patents can be categorized by claims and overarching scope concepts that link similar claims. This helps in filtering, searching, and accurately analyzing the patent landscape[3].
• Claim Charts: Interactive claim charts generated by tools like ClaimScape® can be reviewed by technical experts to determine the applicability of scope concepts to target products or methods. This aids in identifying gaps in current coverage and highlighting future design opportunities[3].

Patent Landscape Analysis

Competitor Patents

To understand the position of Patent 4,275,063 within the patent landscape, it is essential to analyze competitor patents:

• Prior Art: Reviewing prior art helps in understanding the existing technology and how the patented invention improves upon it. This can be done by analyzing prior art keywords and descriptions in similar patents[5].
• Patent Analytics: Tools for patent analytics can show which patents and claims are actively protecting similar technologies and where gaps or opportunities exist. This involves tracking patents by claims and scope concepts[3].

Regulatory Considerations

For patents related to pharmaceuticals or medical devices, regulatory considerations are crucial:

• FDA Approvals: Patents may be extended under 35 U.S.C. § 156(e)(1) if the product has been subject to regulatory reviews by the FDA. This can extend the patent term by up to five years[2].
• March-In Rights: For patents arising from federally supported research, the government retains march-in rights to ensure practical application and alleviate health or safety needs. This can impact the patent's enforceability and term[1].

Claim Validity and Enforceability

Patent Term

The term of a patent can be affected by various factors:

• Original Term: The standard term for a utility patent is 20 years from the date of filing.
• Extensions: Patents can be extended due to regulatory delays, such as those under 35 U.S.C. § 156(e)(1) for FDA-approved products[2].

Infringement and Litigation

To ensure the patent is enforceable, it is crucial to monitor for potential infringement and be prepared for litigation:

• Claim Charts: These can help in quickly identifying whether a competitor's product or method infringes on the patented claims[3].
• Legal Precedents: Understanding legal precedents and case law related to similar patents can provide insights into how courts might interpret the claims of Patent 4,275,063.

Practical Application and Public Interest

March-In Rights

For patents with government-interest statements, the government can exercise march-in rights if the contractor is not taking effective steps to achieve practical application or alleviate health or safety needs[1].

Public Sector Patents

Patents with public-sector involvement may have different implications for their use and dissemination:

• Government Funding: Patents arising from federally supported research must include government-interest statements. This can affect how the patent is used and whether march-in rights are applicable[1].

Key Takeaways

• Clear Claims: Ensure that the patent claims are clear, concise, and supported by the specification and drawings.
• Scope Concepts: Use scope concepts to categorize and analyze the patent claims for better understanding and management.
• Regulatory Considerations: Be aware of regulatory extensions and march-in rights that can impact the patent term and enforceability.
• Competitor Analysis: Regularly analyze competitor patents to identify gaps and opportunities in the patent landscape.
• Enforceability: Monitor for potential infringement and be prepared for litigation to protect the patent.

FAQs

1. What are the key components of a patent claim?

   • The key components include independent and dependent claims, which together define the scope of the invention. Claims must be clear, concise, and definite, and supported by the specification and drawings.

2. How can patent analytics help in managing a patent portfolio?

   • Patent analytics helps by categorizing patents by claims and scope concepts, identifying gaps or opportunities, and providing interactive claim charts to review coverage and potential design options.

3. What is the significance of march-in rights in patents?

   • March-in rights allow the government to issue additional licenses if the contractor is not taking effective steps to achieve practical application or alleviate health or safety needs, ensuring public benefit from federally supported research.

4. How can the term of a patent be extended?

   • The term of a patent can be extended under 35 U.S.C. § 156(e)(1) if the product has been subject to regulatory reviews by the FDA, extending the term by up to five years.

5. Why is it important to monitor for patent infringement?

   • Monitoring for infringement helps in protecting the patent's enforceability and allows for timely legal action to prevent unauthorized use of the patented invention.

Sources

1. The Feasibility of Using Bayh-Dole March-In Rights to Lower Drug Prices - National Bureau of Economic Research
2. Extension Under 35 U.S.C. 156(e)(1) - United States Patent and Trademark Office
3. Patent Analytics - Schwegman, Lundberg & Woessner, P.A.
4. US Patent for Process for preparing bis (3,5-dioxopiperazinyl ... - Justia Patents
5. US20040038904A1 - Method of treating multiple sclerosis - Google Patents

Drugs Protected by US Patent 4,275,063

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: 4,275,063

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
United Kingdom	30617/67	Jul 03, 1967

International Family Members for US Patent 4,275,063

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	3683771
Australia	470566
Belgium	729217
Belgium	776958
Canada	1002049