United States Patent 4,657,927: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 4,657,927, titled "Malonato platinum compounds," is a significant invention in the field of cancer chemotherapy. This patent, granted in 1987, introduces novel malonato platinum coordination compounds and their application in treating cancer. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Invention
The patent describes the synthesis and use of malonato platinum coordination compounds, which are designed to be more effective and less toxic than existing platinum-based chemotherapeutic agents. These compounds contain platinum coordinated with malonato ligands and additional monodentate or bidentate amine ligands[1].
Scope of the Invention
The scope of the invention is broad and includes several key aspects:
Chemical Structure
The malonato platinum compounds can have various substituents on the malonato ligand, such as lower alkyl, aryl, aralkyl, alkenyl, and cycloalkyl groups. This versatility allows for the creation of a range of compounds with potentially different therapeutic profiles[1].
Coordination Compounds
The invention includes both Pt(II) and Pt(IV) coordination compounds. The Pt(II) compounds do not exist as geometrical isomers, while the Pt(IV) compounds can exist as cis and trans isomers. This distinction is crucial for understanding the chemical and biological properties of these compounds[1].
Synthesis and Purification
The patent details the synthesis process, including the recrystallization of the compounds using boiling water and the addition of malonic acid to prevent hydrolysis. The purified compounds are characterized by their solubility, melting points, and infrared spectra[1].
Claims
The patent claims are comprehensive and cover several aspects of the invention:
Composition of Matter
The claims include the specific chemical structures of the malonato platinum compounds, including the various substituents and ligands. This ensures that the patent protection extends to the unique composition of these compounds[1].
Method of Preparation
The patent claims also cover the methods for synthesizing and purifying these compounds. This is important for protecting the intellectual property related to the production process[1].
Use in Cancer Chemotherapy
The primary claim is the use of these compounds in cancer chemotherapy. This claim is supported by the potential therapeutic benefits of these compounds, which are designed to be more effective and less toxic than existing treatments[1].
Patent Landscape
Prior Art and Novelty
To be patentable, an invention must be novel and nonobvious. The patent application for malonato platinum compounds would have been scrutinized to ensure that these compounds were not previously known or obvious to a person with ordinary skill in the art. The unique combination of malonato ligands and platinum, along with the specific synthesis and purification methods, likely satisfied these criteria[2].
Patent Prosecution Process
The process of obtaining a patent involves several stages, including the filing of a provisional patent application, followed by a non-provisional utility patent application within one year. The patent office then reviews the application for patentability, which can involve arguments and amendments to the claims. In the case of US4657927A, the patent was granted after this process, indicating that the invention met the necessary criteria for patentability[2].
International Patent Protection
While the patent in question is a U.S. utility patent, the inventors could have sought international protection through the Patent Cooperation Treaty (PCT) or by filing separate patent applications in other countries. This would have extended the protection of their invention beyond the United States[4].
Economic and Practical Implications
Commercial Value
The commercial value of this patent is significant, given the potential therapeutic benefits of the malonato platinum compounds. The cost of patenting, which can range from $8,000 to $20,000 for a U.S. non-provisional patent application, is a fraction of the potential revenue from successful commercialization[2].
Public Disclosure and Grace Period
Researchers and inventors must be cautious about public disclosure before filing a patent application. In the U.S., there is a one-year grace period after public disclosure, but in most foreign countries, public disclosure immediately bars patent protection. This highlights the importance of timely patent filing[2].
Expert Insights and Statistics
Industry Expertise
Experts in the field of cancer chemotherapy and pharmaceuticals would emphasize the importance of novel compounds like those described in US4657927A. For instance, Dr. Alan C. Marco, former Chief Economist for the USPTO, has discussed the significance of detailed patent claims and the scope of patent protection in facilitating innovation[3].
Statistical Impact
The impact of such patents can be seen in the broader statistics on patent claims and scope. For example, the USPTO's Patent Claims Research Dataset provides insights into the trends and measurements of patent scope, which can help in understanding the strategic importance of patents like US4657927A[3].
Key Takeaways
- Novel Compounds: The patent introduces novel malonato platinum coordination compounds with potential therapeutic benefits in cancer chemotherapy.
- Broad Scope: The invention covers a range of chemical structures, synthesis methods, and therapeutic applications.
- Patent Protection: The patent ensures protection for the unique composition and method of preparation of these compounds.
- Commercial Significance: The commercial value of this patent is substantial, given the potential for successful commercialization.
- International Implications: The inventors could have sought international protection to extend the scope of their patent.
FAQs
What are malonato platinum compounds?
Malonato platinum compounds are novel coordination compounds containing platinum coordinated with malonato ligands and additional amine ligands, designed for use in cancer chemotherapy.
How are these compounds synthesized?
The synthesis involves coordinating platinum with malonato ligands and additional monodentate or bidentate amine ligands, followed by recrystallization using boiling water and the addition of malonic acid to prevent hydrolysis.
What is the significance of the cis and trans isomers in Pt(IV) compounds?
The cis and trans isomers of Pt(IV) compounds are crucial for understanding the chemical and biological properties of these compounds, as they can have different therapeutic profiles.
Why is patent protection important for these compounds?
Patent protection ensures that the inventors have exclusive rights to the unique composition and method of preparation of these compounds, which is essential for commercialization and preventing unauthorized use.
Can these compounds be protected internationally?
Yes, the inventors could have sought international protection through the Patent Cooperation Treaty (PCT) or by filing separate patent applications in other countries.
Sources
- US4657927A - Malonato platinum compounds - Google Patents
- Intellectual Property Protection - KU Office of Research
- Patent Claims Research Dataset - USPTO
- Search for patents - USPTO
