Detailed Analysis of the Scope and Claims of United States Patent 4,886,812
Introduction
United States Patent 4,886,812, titled "Tetrahydro-benzthiazoles, the preparation thereof and their use as intermediate products or as pharmaceuticals," is a patent that has been the subject of significant legal and technological interest. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Details
- Publication Number: US4886812A
- Publication Date: October 19, 1989
- Application Number: US07/256,671
- Filing Date: October 22, 1987[5].
Inventors and Assignees
The patent was assigned to Boehringer Ingelheim International GmbH and Boehringer Ingelheim Pharmaceutical Inc., reflecting the pharmaceutical focus of the invention.
Scope of the Invention
Description
The patent describes new tetrahydrobenzthiazoles, their preparation, and their use as intermediate products or as pharmaceuticals. These compounds are characterized by a specific general formula, where R1 represents a hydrogen atom, an alkyl group, an alkenyl group, or other specified moieties[5].
Claims
The patent includes multiple claims that define the scope of the invention. These claims cover:
- The specific chemical structures of the tetrahydrobenzthiazoles.
- The methods for preparing these compounds.
- The use of these compounds as intermediate products or as pharmaceuticals.
For example, Claim 1 typically defines the general structure of the tetrahydrobenzthiazoles, while subsequent claims specify various aspects of their preparation and application[5].
Patent Claims Analysis
Claim Construction
The claims are constructed to provide broad coverage of the invention while ensuring specificity to distinguish it from prior art. For instance, the claims detail the specific chemical groups and their configurations, which are crucial for the pharmaceutical properties of the compounds.
Claim Scope
The scope of the claims is critical in determining the extent of protection afforded by the patent. In this case, the claims are designed to cover not only the specific compounds but also their methods of preparation and their uses. This comprehensive approach helps in preventing others from making, using, or selling similar compounds without permission.
Patent Landscape Analysis
Technological Domain
The patent falls within the domain of pharmaceutical chemistry, specifically focusing on the synthesis and application of tetrahydrobenzthiazoles. This domain is highly competitive, with numerous patents and ongoing research in related areas.
Competitors and Market Developments
- Competitors: Companies like Mylan and Barr Laboratories have been involved in legal disputes with Boehringer Ingelheim over the infringement of this patent. These disputes often arise from the filing of Abbreviated New Drug Applications (ANDAs) for generic versions of drugs covered by the patent[2].
- Market Developments: The pharmaceutical industry is characterized by frequent mergers and acquisitions, in/out-licensing agreements, and litigation over patent rights. A thorough patent landscape analysis can reveal trends, such as the concentration of patents in certain areas, which can inform business strategies[3].
Legal Status and Expiry
- Legal Status: The patent has expired, as indicated by its legal status. This means that the exclusive rights granted by the patent are no longer in effect, and the invention is now in the public domain[5].
- Expected Expiry Dates: Understanding the expiry dates of related patents is crucial for planning future research and development. In this case, the expiry of the patent allows other companies to manufacture and market similar compounds without infringing on Boehringer Ingelheim's rights.
International Patent Landscape
Global Dossier and International Search
The Global Dossier service provided by the USPTO allows users to access the file histories of related applications from participating IP Offices. This can be useful in understanding the global patent landscape for similar inventions and identifying potential competitors or collaborators[1].
Searchable Databases
Databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) offer comprehensive resources for searching international patents. These databases can help in identifying similar patents filed in other countries and understanding the global scope of the invention[1].
Litigation and Infringement
Case Example: Boehringer Ingelheim International v. Barr Lab
This patent was at the center of a significant litigation case where Boehringer Ingelheim alleged that Barr Laboratories and Mylan had infringed on their patents by filing ANDAs for generic versions of the drugs. The case highlights the complexities of patent infringement claims, especially in the context of ANDA filings and the Hatch-Waxman Act[2].
Key Takeaways
- Patent Scope: The patent covers specific tetrahydrobenzthiazoles, their preparation, and their pharmaceutical uses.
- Claims Analysis: The claims are broad yet specific, ensuring comprehensive protection.
- Patent Landscape: The patent is part of a competitive pharmaceutical domain with significant legal and market implications.
- Legal Status: The patent has expired, making the invention public domain.
- International Landscape: Global databases and services like Global Dossier are essential for understanding the international patent landscape.
FAQs
What is the main subject of United States Patent 4,886,812?
The main subject of United States Patent 4,886,812 is the invention of new tetrahydrobenzthiazoles, their preparation, and their use as intermediate products or as pharmaceuticals.
Who are the assignees of this patent?
The patent is assigned to Boehringer Ingelheim International GmbH and Boehringer Ingelheim Pharmaceutical Inc.
What is the current legal status of this patent?
The patent has expired, meaning it is no longer in force and the invention is now in the public domain.
How does this patent relate to other patents in the pharmaceutical domain?
This patent is part of a broader landscape of pharmaceutical patents, with similar inventions and related research ongoing. It has been involved in significant litigation over infringement claims.
What resources can be used to search for similar international patents?
Resources such as the Global Dossier, EPO's esp@cenet, JPO's patent database, and WIPO's PATENTSCOPE can be used to search for similar international patents.
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- BOEHRINGER INGELHEIM INTERNATIONAL v. BARR LAB. Retrieved from https://casetext.com/case/boehringer-ingelheim-international-v-barr-lab
- Navigating Technological Domains with Patent Landscape Analysis. Retrieved from https://sagaciousresearch.com/blog/navigating-technological-domains-with-patent-landscape-analysis/
- U.S. Patent and Trademark Office | U.S. Department of Commerce. Retrieved from https://www.commerce.gov/bureaus-and-offices/uspto
- US4886812A - Tetrahydro-benzthiazoles, the preparation thereof and their use as intermediate products or as pharmaceuticals. Retrieved from https://patents.google.com/patent/US4886812A/en