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Patent landscape, scope, and claims: |
Analyzing the Scope and Claims of United States Patent 4,866,048: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the details of United States Patent 4,866,048, exploring its claims, scope, and the broader patent landscape.
Background of the Patent
United States Patent 4,866,048, titled "Novel Vitamin D Analogues," was granted to inventors associated with Leo Pharma. The patent, filed on August 2, 1985, pertains to novel analogues of vitamin D and their use in various therapeutic applications.
Claims of the Patent
The claims of a patent define the scope of the invention and are critical for determining what is protected by the patent. Here are some key aspects of the claims in Patent 4,866,048:
Independent Claims
- The patent includes several independent claims that describe the novel vitamin D analogues. These claims specify the chemical structure and composition of the analogues, which are designed to have specific therapeutic effects without the undesirable side effects associated with natural vitamin D[5].
Dependent Claims
- Dependent claims further detail the specific embodiments of the invention, including methods of synthesis, pharmaceutical compositions, and therapeutic uses. These claims often build upon the independent claims, providing additional specificity and protection for the invention[5].
Scope of the Patent
The scope of a patent is determined by its claims and is essential for understanding what is protected and what is not.
Therapeutic Applications
- The patent covers the use of these vitamin D analogues in treating various conditions, including bone disorders, skin diseases, and other conditions where vitamin D is beneficial but its natural form is not suitable due to side effects[5].
Chemical Structure
- The scope includes specific chemical structures of the analogues, ensuring that any similar compounds that fall within these structural definitions are protected by the patent. This is crucial for preventing infringement and ensuring the exclusivity of the invention[5].
Patent Landscape
Understanding the patent landscape around a specific patent involves looking at related patents, international filings, and the broader intellectual property environment.
Related Patents
- Other patents related to vitamin D analogues and their therapeutic uses can provide insight into the competitive landscape. For example, patents like CA 2528359, which involves treating cancer with active vitamin D compounds in combination with radiotherapeutic agents, show the diverse applications of vitamin D analogues[4].
International Filings
- The patent may have been filed in multiple countries through the Patent Cooperation Treaty (PCT) or national phase entries. This global reach extends the protection of the invention beyond the United States, affecting international competitors and users[4].
Global Dossier
- Using tools like the Global Dossier, one can access the file histories of related applications from participating IP Offices, including the IP5 Offices (USPTO, EPO, JPO, KIPO, and CNIPA). This helps in understanding the global patent family and any office actions or citations related to the patent[1].
Search Tools and Resources
To conduct a thorough analysis of the patent landscape, several search tools and resources are available:
Patent Public Search
- The USPTO's Patent Public Search tool provides enhanced access to prior art and allows users to search for patents and published patent applications using modern interfaces[1].
Common Citation Document (CCD)
- The CCD application consolidates citation data from participating IP Offices, enabling users to visualize search results for the same invention on a single page. This is particularly useful for understanding the prior art cited by different offices[1].
International Patent Offices
- Databases from other international intellectual property offices, such as the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO), provide access to global patent collections and machine translations of patents[1].
Economic and Research Implications
The economic and research implications of a patent like 4,866,048 are significant.
Patent Claims Research Dataset
- The USPTO's Patent Claims Research Dataset, which includes detailed information on claims from U.S. patents and applications, can be used to analyze trends and scope measurements. This dataset helps in understanding the broader context of patent claims and their economic impact[3].
Industry Impact
- Patents in the pharmaceutical sector, such as 4,866,048, can have substantial economic implications by protecting innovative drugs and therapies. This protection allows companies to recoup their investment in research and development, driving further innovation[3].
Legal and Regulatory Considerations
Understanding the legal and regulatory environment is crucial for navigating the patent landscape.
Patent Term Extension
- Patents can be subject to term extensions under certain conditions, such as delays in the approval process. For example, the USPTO can extend the term of a patent under 35 U.S.C. § 156[2].
Office Actions and Citations
- Office actions and citations from patent offices can provide insights into the examination process and any challenges faced by the patent. Tools like the Global Dossier and CCD help in identifying these actions and citations[1].
Key Takeaways
- Claims and Scope: The claims of Patent 4,866,048 define the novel vitamin D analogues and their therapeutic applications, ensuring broad protection for the invention.
- Patent Landscape: Understanding related patents, international filings, and global dossier data is essential for navigating the competitive landscape.
- Search Tools: Utilizing tools like Patent Public Search, CCD, and international patent databases is crucial for comprehensive analysis.
- Economic Implications: The patent has significant economic implications, particularly in the pharmaceutical sector, by protecting innovative therapies.
- Legal Considerations: Understanding legal and regulatory aspects, including patent term extensions and office actions, is vital for maintaining and enforcing patent rights.
FAQs
What is the main subject of United States Patent 4,866,048?
The main subject of United States Patent 4,866,048 is novel vitamin D analogues and their therapeutic applications.
How can I search for related patents?
You can use tools like the USPTO's Patent Public Search, Global Dossier, and databases from international intellectual property offices to search for related patents.
What is the significance of the Common Citation Document (CCD)?
The CCD consolidates citation data from participating IP Offices, allowing users to visualize search results for the same invention on a single page.
Can patent terms be extended?
Yes, patent terms can be extended under certain conditions, such as delays in the approval process, under 35 U.S.C. § 156.
Where can I find detailed information on patent claims?
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents and applications, which can be used to analyze trends and scope measurements.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USPTO - Certificate Extending Patent Term: https://www.uspto.gov/sites/default/files/web/offices/pac/dapp/opla/term/certs/4866048.pdf
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Canadian Patents Database - Patent 2528359 Summary: https://brevets-patents.ic.gc.ca/opic-cipo/cpd/eng/patent/2528359/summary.html
- Unified Patents Portal - US-7351869-B2: https://portal.unifiedpatents.com/patents/patent/US-7351869-B2
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