Understanding the Scope and Claims of United States Patent 4,808,716
Introduction
United States Patent 4,808,716, titled "9-(phosphonylmethoxyalkyl)adenines, the method of preparation and utilization thereof," is a patent that covers a specific class of compounds and their applications. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
The patent, issued on February 28, 1989, pertains to a class of nucleoside analogs known as 9-(phosphonylmethoxyalkyl)adenines. These compounds are of interest due to their potential therapeutic applications, particularly in the field of antiviral treatments.
Scope of the Patent
The scope of the patent is defined by the claims, which outline the specific inventions and their uses that are protected.
Claim Structure
The patent includes multiple claims that can be categorized into several types:
- Composition Claims: These claims define the chemical structure of the 9-(phosphonylmethoxyalkyl)adenines, including the general formula and specific examples of compounds[4].
- Method Claims: These claims cover the methods of preparing the compounds, including various synthetic steps and processes[4].
- Use Claims: These claims specify the potential uses of the compounds, such as antiviral treatments.
Claim Analysis
Independent Claims
The independent claims are crucial as they define the broadest scope of the invention. For example, Claim 1 might describe the general formula of the 9-(phosphonylmethoxyalkyl)adenines, while subsequent claims narrow down to specific compounds or methods of preparation[4].
Dependent Claims
Dependent claims build upon the independent claims, providing more detailed descriptions or specific embodiments of the invention. These claims help to ensure that the patent covers various aspects of the invention without overly broadening the scope.
Metrics for Measuring Patent Scope
Research has shown that metrics such as independent claim length and independent claim count can be useful in measuring patent scope. Narrower claims at publication are often associated with a higher probability of grant and a shorter examination process[3].
Patent Landscape
Related Patents and Applications
The patent landscape around US 4,808,716 includes other patents and applications related to nucleoside analogs and antiviral treatments. For instance, patents related to other antiviral compounds like molnupiravir and mRNA vaccines show a pattern of extensive patent filing strategies to extend monopoly protection, a practice known as "evergreening"[2].
Global Dossier and International Filings
The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This can help in understanding the international scope and filings related to similar inventions[1].
Public Search and Access
Patent Public Search
The USPTO's Patent Public Search tool is a powerful resource for searching prior art and related patents. This tool can be used to find existing patents and published patent applications that may be relevant to the scope of US 4,808,716[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs can provide additional resources and training in patent search techniques, which can be beneficial for understanding the broader patent landscape and conducting thorough searches[1].
Practical Applications and Utilization
The compounds described in US 4,808,716 have potential therapeutic applications, particularly in antiviral treatments. The methods of preparation and utilization outlined in the patent are crucial for developing these treatments.
Legal Status and Expiration
The patent has expired, which means that the protected inventions are now in the public domain. This allows other researchers and companies to use the disclosed information without infringing on the original patent[4].
Key Takeaways
- Scope and Claims: The patent covers specific 9-(phosphonylmethoxyalkyl)adenines, their preparation methods, and potential uses.
- Metrics for Scope: Independent claim length and count are important metrics for assessing patent scope.
- Patent Landscape: The patent is part of a broader landscape of antiviral treatments and nucleoside analogs.
- Public Access: Tools like the Patent Public Search and Global Dossier facilitate access to related patents and applications.
- Legal Status: The patent has expired, making the inventions publicly available.
FAQs
Q: What is the main subject of United States Patent 4,808,716?
A: The main subject is 9-(phosphonylmethoxyalkyl)adenines, including their preparation and utilization.
Q: What are the key types of claims in this patent?
A: The key types include composition claims, method claims, and use claims.
Q: How can one measure the scope of a patent?
A: Metrics such as independent claim length and independent claim count can be used to measure patent scope.
Q: Is the patent still in force?
A: No, the patent has expired, making the inventions publicly available.
Q: Where can one find related patents and applications?
A: Tools like the USPTO's Patent Public Search and the Global Dossier service can be used to find related patents and applications.
