Analyzing the Scope and Claims of United States Patent 4,387,089
Introduction
United States Patent 4,387,089, titled "4-(1,1-Dimethylethyl)-4'-methoxydibenzoylmethane," is a patent that describes a novel chemical compound useful as a sunscreen agent. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Invention Description
The patent, issued on June 7, 1983, describes a new chemical compound, 4-(1,1-Dimethylethyl)-4'-methoxydibenzoylmethane, which exhibits outstanding UV-A absorbing qualities. This compound is particularly useful as a sunscreen agent due to its ability to protect skin from ultraviolet radiation[5].
Claims
The patent includes several claims that define the scope of the invention. Here are the key claims:
- Claim 1: The compound 4-(1,1-Dimethylethyl)-4'-methoxydibenzoylmethane.
- Claim 2: A sunscreen composition containing the compound of claim 1.
- Claim 3: A method of protecting skin from UV radiation using the compound of claim 1.
These claims are crucial as they define what is protected under the patent and what would constitute infringement.
Scope of the Invention
Chemical Structure and Properties
The patented compound is a specific dibenzoylmethane derivative with a dimethylethyl and methoxy group. Its unique structure contributes to its effectiveness as a UV-A absorber, making it a valuable component in sunscreen formulations[5].
Applications
The invention is primarily aimed at protecting skin from UV radiation, which is a critical aspect of skincare and sun protection. The compound can be used in various formulations, including creams, lotions, and sprays, to provide broad-spectrum sun protection.
Patent Landscape
Prior Art and Novelty
To understand the novelty of the invention, it is essential to look at the prior art in the field of sunscreen agents. The patent application would have been examined against existing patents and publications to ensure that the compound and its use were not previously disclosed. The issuance of the patent indicates that the compound and its specific use as a sunscreen agent were novel and non-obvious at the time of filing[5].
International Patent Filings
While the patent in question is a U.S. patent, it is common for inventors to file for patent protection in multiple countries. However, there is no indication in the provided sources that this specific patent was filed under the Patent Cooperation Treaty (PCT) or in other jurisdictions.
Related Patents and Technologies
Other patents in the field of sun protection and skincare often involve different chemical compounds or formulations. For example, patents like CA 1328409 describe photoprotective compositions using tocopherol sorbate, highlighting the diverse approaches to achieving sun protection[4].
Legal Status and Expiration
Current Status
The patent has expired, as indicated by its legal status. Patents typically have a lifetime of 20 years from the date of filing, after which the invention enters the public domain. This means that the compound and its use as described in the patent are no longer protected by patent law and can be freely used by anyone[5].
Implications of Expiration
The expiration of the patent allows other companies and individuals to manufacture and use the compound without needing to obtain a license from the original patent holder. This can lead to increased competition and potentially lower costs for consumers.
Search and Analysis Tools
USPTO Resources
For conducting a thorough analysis of patents like US 4,387,089, the United States Patent and Trademark Office (USPTO) provides several tools. The Patent Public Search tool, for instance, allows users to search for prior art and related patents. The Global Dossier and Common Citation Document (CCD) tools can also be useful in understanding the international patent family and citation data related to the patent[1].
International Databases
To see if similar patents exist in other countries, databases such as the European Patent Office's esp@cenet, the Japan Patent Office's database, and the World Intellectual Property Organization's PATENTSCOPE can be utilized[1].
Economic and Market Impact
Market Competition
The expiration of the patent can lead to increased market competition, as other companies can now produce and sell products containing the compound. This competition can drive innovation and reduce prices, benefiting consumers.
Innovation in Sun Protection
The availability of this compound in the public domain can also spur further innovation in sun protection technologies. Researchers and companies may build upon this invention to create even more effective sunscreen agents.
Key Takeaways
- Compound Description: The patent describes a novel dibenzoylmethane derivative with UV-A absorbing properties.
- Claims: The patent includes claims for the compound, sunscreen compositions, and methods of use.
- Scope: The invention is primarily for protecting skin from UV radiation.
- Legal Status: The patent has expired, allowing free use of the compound.
- Market Impact: Expiration can lead to increased competition and innovation in sun protection.
FAQs
Q: What is the main use of the compound described in US Patent 4,387,089?
A: The compound is primarily used as a sunscreen agent to protect skin from UV radiation.
Q: Has the patent expired?
A: Yes, the patent has expired, which means the compound and its use are no longer protected by patent law.
Q: Can other companies now use the compound without a license?
A: Yes, since the patent has expired, other companies can freely use the compound without needing a license.
Q: How can one search for related patents?
A: Tools like the USPTO's Patent Public Search, Global Dossier, and international databases such as esp@cenet and PATENTSCOPE can be used to search for related patents.
Q: What are the potential market impacts of the patent's expiration?
A: The expiration can lead to increased competition, reduced prices, and further innovation in sun protection technologies.
Sources
- USPTO, "Search for patents - USPTO," https://www.uspto.gov/patents/search
- CAFC, "CONTOUR IP HOLDING LLC v. GOPRO, INC.," https://cafc.uscourts.gov/opinions-orders/22-1654.OPINION.9-9-2024_2381170.pdf
- USPTO, "Patent Claims Research Dataset - USPTO," https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Canadian Patents Database, "Patent 1328409 Summary," https://brevets-patents.ic.gc.ca/opic-cipo/cpd/eng/patent/1328409/summary.html
- Google Patents, "US4387089A - 4-(1,1-Dimethylethyl)-4'-methoxydibenzoylmethane," https://patents.google.com/patent/US4387089A/en
