Details for Patent: 4,843,086

Summary for Patent: 4,843,086

Title:	Tetrahydro-benzthiazoles, the preparation thereof and their use as intermediate products or as pharmaceuticals
Abstract:	This invention relates to new tetrahydrobenzthiazoles of general formula ##STR1## wherein R.sub.1 represents a hydrogen atom, an alkyl group, an alkenyl or alkynyl group, an alkanoyl group, a phenyl alkyl or phenyl alkanoyl group, while the above mentioned phenyl nuclei may each be substituted by 1 or 2 halogen atoms. R.sub.2 represents a hydrogen atom or an alkyl group, R.sub.3 represents a hydrogen atom, an alkyl group a cycloalkyl group, an alkenyl or alkynyl group, an alkanoyl group, a phenyl alkyl or phenyl alkanoyl group, while the phenyl nucleus may be substituted by fluorine, chlorine or bromine atoms, R.sub.4 represents a hydrogen atom, an alkyl group, an alkyl or alkenyl group, or R.sub.3 and R.sub.4 together with the nitrogen atom between them represent a pyrrolidino, piperidino, hexamethyleneimino or morpholino group, the enantiomers and the acid addition salts thereof. The compounds of general formula I above in which one of the groups R.sub.1 or R.sub.3 or both groups R.sub.1 and R.sub.3 represent an acyl group are valuable intermediate products for preparing the other compounds of general formula I which have valuable pharmacological properties. The new compounds may be prepared using methods known per se.
Inventor(s):	Griss, deceased; Gerhart (late of Biberach, DE), Schneider; Claus (Ingelheim am Rhein, DE), Hurnaus; Rudolf (Biberach, DE), Kobinger; Walter (Vienna, AT), Pichler; Ludwig (Vienna, AT), Bauer; Rudolf (Wiesbaden, DE), Mierau; Joachim (Mainz, DE), Hinzen; Dieter (Zornheim, DE), Schingnitz; Gunter (Bad Kreuznach, DE)
Assignee:	Boehringer Ingelheim KG (Ingelheim am Rhein, DE)
Application Number:	07/124,197
Patent Claim Types: see list of patent claims	Use;

Understanding the Scope and Claims of United States Patent 4,843,086

Introduction

When analyzing a patent, particularly one like United States Patent 4,843,086, it is crucial to delve into its scope, claims, and the broader patent landscape. This patent, owned by Boehringer Ingelheim, is a key example in the pharmaceutical industry, and its analysis can provide valuable insights into patent strategy and intellectual property protection.

Patent Overview

United States Patent 4,843,086 is associated with Boehringer Ingelheim International GmbH and Boehringer Ingelheim Pharmaceutical Inc. This patent is part of a series of patents related to specific pharmaceutical compounds and their applications.

Patent Claims

The claims of a patent are its most critical component, 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 without reference to other claims. They are typically broader and more comprehensive.
• Dependent claims, on the other hand, refer back to and further limit the independent claims. They often provide additional details or specific embodiments of the invention[3].

For U.S. Patent 4,843,086, the independent claims would outline the core aspects of the invention, such as the chemical structure of the compounds, their synthesis, and their therapeutic uses. Dependent claims might specify particular dosages, formulations, or methods of administration.

Claim Language and Scope

The language used in patent claims is precise and legally binding. The scope of the claims determines what is considered an infringement. For example, if the claims are overly broad, they may be challenged for lack of clarity or validity. Conversely, if they are too narrow, they may not provide sufficient protection against competitors[3].

Patent Scope

The scope of a patent is a measure of its breadth and the extent to which it covers various aspects of the invention. Here are some metrics and considerations:

Independent Claim Length and Count

Research suggests that the length and number of independent claims can be indicative of the patent's scope. Shorter and fewer claims often indicate a narrower scope, which can be beneficial in terms of clarity and the likelihood of grant. Broader claims, however, may face more scrutiny during the examination process[3].

Examination Process

The patent examination process can significantly impact the scope of the claims. During this process, claims may be narrowed to address examiner objections, ensuring that the patent is granted with a clear and valid scope[3].

Patent Landscape

Understanding the broader patent landscape is essential for assessing the significance and potential impact of U.S. Patent 4,843,086.

Related Patents and Patent Families

The patent in question is part of a larger family of patents related to similar compounds and therapeutic applications. Tools like the Global Dossier and Common Citation Document (CCD) can help identify related applications and citations across different intellectual property offices, providing a comprehensive view of the patent family[1].

International Patent Offices

Patents filed in multiple jurisdictions can offer additional protection and insights. For instance, if a similar patent is filed in Europe, Japan, or other countries, it would be listed in databases such as the European Patent Office's esp@cenet or the Japan Patent Office's database, allowing for a global perspective on the patent's scope and claims[1].

Litigation and Infringement

Patents like U.S. Patent 4,843,086 are often involved in litigation, particularly in the pharmaceutical industry where generic manufacturers may challenge the validity or scope of the patent.

Case Example: Boehringer Ingelheim v. Barr Laboratories

In the case of Boehringer Ingelheim v. Barr Laboratories, Boehringer Ingelheim alleged that Barr Laboratories infringed on their patents, including U.S. Patent 4,843,086, by filing abbreviated new drug applications (ANDAs) with the FDA. This case highlights the importance of patent claims in determining infringement and the legal battles that can ensue[2][5].

Search and Analysis Tools

Several tools are available for conducting thorough searches and analyses of patents:

Patent Public Search

The USPTO's Patent Public Search tool provides enhanced access to prior art, allowing users to search and analyze patents more effectively[1].

Global Dossier

The Global Dossier service offers access to the file histories of related applications from participating IP offices, which can be crucial for understanding the broader patent landscape[1].

Common Citation Document (CCD)

The CCD application consolidates citation data from multiple offices, enabling users to visualize search results for the same invention on a single page[1].

Conclusion

Analyzing the scope and claims of U.S. Patent 4,843,086 involves a detailed examination of the patent's language, the broader patent landscape, and the legal context in which it operates. Here are some key takeaways:

• Claim Language and Scope: The precision and breadth of patent claims are critical in defining the invention and determining infringement.
• Patent Examination: The examination process can significantly impact the scope of the claims, often narrowing them to ensure clarity and validity.
• Patent Landscape: Understanding related patents and international filings is essential for a comprehensive analysis.
• Litigation: Patents are frequently involved in legal battles, especially in the pharmaceutical industry, where generic manufacturers may challenge patent validity or scope.
• Search and Analysis Tools: Utilizing tools like the Patent Public Search, Global Dossier, and CCD can enhance the search and analysis process.

Key Takeaways

• Precision in Claims: The language used in patent claims must be precise to avoid challenges and ensure protection.
• Examination Impact: The patent examination process can narrow claims to ensure validity.
• Global Perspective: Analyzing related patents across different jurisdictions is crucial.
• Litigation Risks: Patents are often involved in legal disputes, particularly in the pharmaceutical sector.
• Advanced Search Tools: Utilizing modern search tools can significantly enhance the analysis of patents.

FAQs

Q: What is the significance of independent claims in a patent? A: Independent claims define the core aspects of the invention and are broader and more comprehensive than dependent claims.

Q: How does the patent examination process affect the scope of patent claims? A: The examination process can narrow the scope of claims to address examiner objections and ensure clarity and validity.

Q: What tools are available for searching and analyzing patents globally? A: Tools like the Global Dossier, Common Citation Document (CCD), and international patent office databases (e.g., EPO, JPO) are available.

Q: Why is it important to analyze related patents and patent families? A: Analyzing related patents provides a comprehensive view of the patent landscape and helps in understanding the broader context of the invention.

Q: What are some common legal challenges faced by pharmaceutical patents? A: Pharmaceutical patents often face challenges from generic manufacturers, including ANDA filings and allegations of willful infringement.

Sources

1. USPTO - Search for patents: https://www.uspto.gov/patents/search
2. Casetext - BOEHRINGER INGELHEIM INTERNATIONAL v. BARR LAB: https://casetext.com/case/boehringer-ingelheim-international-v-barr-lab
3. SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
4. Canadian Patents Database - Patent 2414774 Summary: https://brevets-patents.ic.gc.ca/opic-cipo/cpd/eng/patent/2414774/summary.html
5. Vlex - Boehringer Ingelheim v. Barr Laboratories: https://case-law.vlex.com/vid/boehringer-ingelheim-v-barr-894093362

Drugs Protected by US Patent 4,843,086

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: 4,843,086

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
Germany	34470751	Dec 22, 1984
Germany	3508947	Mar 13, 1985

International Family Members for US Patent 4,843,086

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	0186087		SPC/GB98/017	United Kingdom
European Patent Office	0186087		C980002	Netherlands
European Patent Office	0186087		98C0013	Belgium
Austria	45735
Australia	5154485
Australia	583874