Analyzing the Scope and Claims of United States Patent 4,873,259
Introduction
United States Patent 4,873,259 is a significant patent that has garnered attention due to its impact on the pharmaceutical industry. This article will delve into the details of the patent, including its scope, claims, and the broader patent landscape it operates within.
Patent Overview
Patent Number and Title
The patent in question is U.S. Patent No. 4,873,259. While the specific title of the patent is not provided in the sources, it is associated with pharmaceuticals, as indicated by its coverage on drug patent watch websites[5].
Claims and Scope
Claim Structure
Patent claims are the heart of any patent, defining the scope of the invention and what is protected. For U.S. Patent 4,873,259, the claims would typically be categorized into independent and dependent claims. Independent claims stand alone and define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations to the independent claims[3].
Claim Analysis
To analyze the claims of this patent, one would need to review the patent document itself. However, general insights can be gleaned from similar patents in the pharmaceutical sector. Claims in pharmaceutical patents often cover the active ingredients, formulations, methods of use, and sometimes specific dosages or administration methods.
Scope of Protection
The scope of protection for U.S. Patent 4,873,259 would be defined by the language of its claims. This scope determines what would be considered an infringement of the patent. For pharmaceutical patents, the scope might include specific chemical compounds, their use in treating certain conditions, or particular formulations that enhance the drug's efficacy or safety.
Patent Landscape
Historical Context
Understanding the historical context in which the patent was granted is crucial. U.S. Patent 4,873,259 was issued in the late 20th century, a period of significant innovation in pharmaceuticals. Historical patents can be searched through resources like the USPTO's database, which provides access to patents from 1790 to the present[1].
Related Patents and Applications
To understand the broader patent landscape, one must identify related patents and applications. This can be done using databases such as the USPTO's Patent Public Search, which allows for full-text searching of patent grants and applications from the United States and other countries[4].
International Patents
The patent landscape also includes international patents. For instance, the PATENTSCOPE database from the World Intellectual Property Organization (WIPO) provides access to international Patent Cooperation Treaty (PCT) applications and patent documents from participating national and regional patent offices[4].
Expiration and Generic Entry
Patent Term
The term of a U.S. patent typically lasts for 20 years from the date of filing, subject to certain conditions such as maintenance fees. For U.S. Patent 4,873,259, the expiration date would be approximately 20 years after its filing date, assuming all maintenance fees were paid[5].
Generic Entry
Once a patent expires, generic versions of the drug can enter the market. The expiration of U.S. Patent 4,873,259 would mark the end of the exclusive rights held by the patent holder, allowing other companies to manufacture and market generic versions of the drug[5].
Economic and Legal Implications
Market Impact
The expiration of a pharmaceutical patent can significantly impact the market. Generic competition often leads to a reduction in prices, making the drug more accessible to a wider population. This can also affect the revenue of the original patent holder.
Legal Considerations
Patent holders may seek to extend the life of their patents through various legal means, such as patent term extensions or litigation against potential infringers. However, these strategies are subject to strict legal and regulatory frameworks[2].
Tools and Resources for Analysis
USPTO Databases
The USPTO provides several databases and tools for patent analysis, including the Patent Public Search and the Cooperative Patent Classification (CPC) database. These resources are invaluable for conducting thorough patent searches and analyzing the scope and claims of patents[4].
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset offers detailed information on claims from U.S. patents granted between 1976 and 2014. This dataset can be used to analyze trends and patterns in patent claims, including those related to pharmaceutical patents[3].
Conclusion
Analyzing the scope and claims of U.S. Patent 4,873,259 involves a deep dive into the patent document itself, as well as an understanding of the broader patent landscape. This includes reviewing the historical context, related patents, international patents, and the economic and legal implications of the patent's expiration.
Key Takeaways
- Patent Claims: Define the scope of protection and are crucial for understanding what is protected.
- Patent Landscape: Includes historical, related, and international patents.
- Expiration and Generic Entry: Marks the end of exclusive rights and allows for generic competition.
- Economic and Legal Implications: Significant impact on market prices and revenue.
- Tools and Resources: USPTO databases and the Patent Claims Research Dataset are essential for analysis.
FAQs
Q: How long does a U.S. patent typically last?
A: A U.S. patent typically lasts for 20 years from the date of filing, subject to certain conditions.
Q: What happens when a pharmaceutical patent expires?
A: When a pharmaceutical patent expires, generic versions of the drug can enter the market, often leading to reduced prices.
Q: How can I search for historical U.S. patents?
A: Historical U.S. patents can be searched through resources like the USPTO's database and the Hathi Trust[1].
Q: What is the Cooperative Patent Classification (CPC) database?
A: The CPC database is a classification system used to categorize patents and can be searched to find relevant classification schemes[4].
Q: Where can I find detailed information on claims from U.S. patents?
A: Detailed information on claims from U.S. patents can be found in the USPTO's Patent Claims Research Dataset[3].
Sources
- NYPL Libguides - How to Search for an Historical U.S. Patent
- USPTO - Print 4873259FOIA
- USPTO - Patent Claims Research Dataset
- Clemson Libguides - Advanced Patent Searching
- DrugPatentWatch - Patent 4,873,259
