Detailed Analysis of the Scope and Claims of United States Patent 4,661,493
Introduction
United States Patent 4,661,493, titled "Tioconazole and related compounds for control of Herpes simplex virus," is a significant patent in the field of pharmaceuticals, particularly in the treatment of viral infections. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent, issued on April 28, 1987, is a continuation of application Ser. No. 717,423, filed on March 29, 1985, which is now abandoned. It relates to the use of tioconazole and other imidazole antifungal agents for the control of Herpes simplex virus (HSV), especially genital herpes[4].
Scope of the Invention
The invention focuses on the therapeutic and chemoprophylactic use of tioconazole and related compounds against HSV. These compounds, initially developed as antifungal agents, are repurposed here for antiviral applications.
Field of the Invention
The patent pertains to the medical field, specifically the treatment of viral infections. It highlights the potential of certain imidazole compounds in combating HSV, which is a significant public health concern.
Description of the Invention
The patent describes tioconazole and related 1-aryl-2-(1-imidazolyl)alkyl ethers and thioethers. These compounds can be administered in various forms such as suppositories, pessaries, creams, ointments, or dusting powders. The detailed chemical structure and preparation methods are outlined, emphasizing their application in treating herpetic infections[4].
Claims of the Patent
The patent includes seven claims that define the scope of the invention.
Claim 1
This claim covers the method for treating herpetic infections by topically applying an anti-herpetic amount of the specified drug (tioconazole, econazole, clotrimazole, ketoconazole, or butaconazole) to the infection site[4].
Claims 2-7
These claims are dependent on Claim 1 and specify various aspects of the method:
- Claim 2: The drug is applied in the form of a cream or ointment containing 1% to 10% of the drug.
- Claim 3: The drug is administered intravaginally.
- Claims 4-7: These claims specify the use of tioconazole, econazole, clotrimazole, and butaconazole, respectively, in the intravaginal administration method[4].
Patent Landscape
Prior Art
The patent references prior art, including U.S. Pat. No. 4,062,966, which discloses the use of these compounds as antifungal agents. However, the current patent innovates by applying these compounds to treat viral infections, specifically HSV[4].
Classification
The patent is classified under various categories, including A61K31/00 (medicinal preparations containing organic active ingredients), A61K31/33 (heterocyclic compounds), and A61K31/495 (heterocyclic compounds having nitrogen as a ring hetero atom)[4].
International Context
While the patent is specific to the United States, similar compounds and treatments may be patented or in use internationally. For instance, databases like those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can be consulted to understand the global patent landscape related to antiviral treatments[1].
Legal Status
The patent has expired, as indicated by its legal status. This means that the exclusive rights to the invention are no longer in effect, and the technology described can be freely used by others without infringing on the original patent[4].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset, which includes detailed information on claims from U.S. patents granted between 1976 and 2014, can provide insights into the scope and impact of patents like 4,661,493. This dataset helps in understanding patent scope measurements and trends, which can be crucial for future research and development in pharmaceuticals[3].
Public Health Impact
The invention described in this patent has significant public health implications. Herpes simplex virus is a widespread and recurring infection, and the development of effective treatments is crucial. The use of tioconazole and related compounds as antiviral agents could have contributed to the management and treatment of HSV infections, thereby improving public health outcomes.
Conclusion
United States Patent 4,661,493 represents an important innovation in the treatment of Herpes simplex virus using tioconazole and related imidazole compounds. The patent's scope and claims are well-defined, and its expiration has opened up the technology for broader use. Understanding this patent within the broader patent landscape and its implications for public health and research is essential for advancing medical treatments.
Key Takeaways
- Invention Scope: The patent covers the use of tioconazole and related compounds for treating Herpes simplex virus.
- Claims: Seven claims define the method of treatment, including topical application and intravaginal administration.
- Legal Status: The patent has expired, allowing free use of the technology.
- Public Health Impact: The invention has significant implications for managing HSV infections.
- Research Implications: The patent is part of larger datasets and research initiatives that analyze patent scope and trends.
FAQs
Q1: What is the main subject of United States Patent 4,661,493?
The main subject is the use of tioconazole and related compounds for the control of Herpes simplex virus.
Q2: How are the compounds described in the patent administered?
The compounds can be administered in various forms such as suppositories, pessaries, creams, ointments, or dusting powders.
Q3: What are the key claims of the patent?
The patent includes seven claims, with the first claim covering the method of treating herpetic infections by topically applying the specified drugs, and subsequent claims specifying the form and administration method.
Q4: Is the patent still in effect?
No, the patent has expired, meaning the exclusive rights to the invention are no longer in effect.
Q5: Where can one find more information about similar patents internationally?
Databases provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can be consulted to understand the global patent landscape related to antiviral treatments.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - Tioconazole and related compounds for control of Herpes simplex virus: https://patents.google.com/patent/US4661493A/en
- United States Courts - Report on Filing Patent/Trademark: https://www.uscourts.gov/forms-rules/forms/report-filing-patent-trademark
