Detailed Analysis of the Scope and Claims of United States Patent 4,927,855
Overview of the Patent
United States Patent 4,927,855, titled "Levorotatory isomer of benzhydrylsulfinyl derivatives," was granted for the levorotatory isomer of benzhydrylsulfinylacetamide, a compound with significant pharmaceutical activity, particularly as an antidepressant and central nervous system stimulant[4].
Patent Claims
Main Claims
The patent primarily claims the levorotatory isomer of benzhydrylsulfinylacetamide and its use in pharmaceutical applications. Here are the key claims:
- Compound Claims: The patent claims the specific levorotatory isomer of benzhydrylsulfinylacetamide, which is identified by its chemical structure and optical activity.
- Method of Use Claims: The patent also claims methods of using this compound for treating various conditions, including depression and other central nervous system disorders.
- Pharmaceutical Compositions: Claims include pharmaceutical compositions containing the levorotatory isomer, which can be administered in various forms such as tablets, capsules, or solutions[4].
Scope of the Patent
Technological Domain
The patent falls within the domain of pharmaceutical chemistry, specifically focusing on central nervous system stimulants and antidepressants. The scope is limited to the levorotatory isomer of benzhydrylsulfinylacetamide and its direct applications.
Geographical and Jurisdictional Scope
The patent was granted in the United States and its claims are enforceable within the U.S. jurisdiction. However, the impact of this patent can be global, especially if similar patents were filed in other countries through international patent cooperation treaties like the Patent Cooperation Treaty (PCT)[1].
Patent Landscape Analysis
Defining Scope and Keywords
To conduct a patent landscape analysis around this patent, one would start by defining the scope and identifying relevant keywords. Key terms might include "levorotatory isomer," "benzhydrylsulfinylacetamide," "central nervous system stimulant," and "antidepressant"[3].
Search and Organize Patents
Using databases such as the USPTO's Patent Public Search, the European Patent Office's esp@cenet, and the World Intellectual Property Organization's PATENTSCOPE, one can search for patents related to these keywords. Patents would be organized by factors like filing date, assignee, and technology subcategories[1][3].
Identify Trends and Key Players
The analysis would reveal trends in patent filings within the pharmaceutical domain, particularly in CNS stimulants and antidepressants. Key players such as pharmaceutical companies and research institutions involved in similar innovations would be identified. For example, Cephalon Inc., the original assignee of this patent, would be a significant player in this landscape[2].
Analyze Citations and Evolution
By studying how patents reference each other, one can understand the impact and development of the technology. The number of citations received by this patent and the patents it cites would indicate its influence on subsequent innovations. This analysis can also reveal the evolution of CNS stimulants and antidepressants over time[3].
Generate Insights for Decisions
The analysis would provide insights into the competitive landscape, potential legal vulnerabilities, and areas of innovation. For instance, it could help in identifying white spaces in the market where new innovations could be pursued without infringing existing patents. It would also guide strategic decisions such as licensing, collaboration, or further research and development[3].
Competitive Edge
Identifying Competitors’ Patents
A patent landscape analysis around US Patent 4,927,855 would help identify competitors’ key patents in the same technological domain. By evaluating the strength of these patents based on factors like citation count, jurisdictional coverage, and market size, one can determine the competitive landscape and potential threats or opportunities[3].
Technological Trends
The analysis would reveal ongoing innovations and trends in CNS stimulants and antidepressants. This information can be used to predict future technological directions and make informed decisions about where to invest research and development efforts.
Legal and Regulatory Considerations
Patent Term and Expiration
The patent has expired, which means that the levorotatory isomer of benzhydrylsulfinylacetamide is now in the public domain. This expiration opens up opportunities for generic manufacturers to produce the drug without infringing the original patent[4].
Interim Patent Term Extension
There was a request for an interim extension of the term of this patent due to the time taken for regulatory approval of the drug product NUVIGIL (armodafinil), which is based on this compound. However, such extensions are subject to specific legal and regulatory criteria[2].
Key Takeaways
- Patent Claims: The patent claims the levorotatory isomer of benzhydrylsulfinylacetamide and its use in pharmaceutical applications.
- Scope: The patent is limited to the specific compound and its direct applications in CNS stimulants and antidepressants.
- Patent Landscape: The analysis reveals trends, key players, and the competitive landscape in the pharmaceutical domain.
- Competitive Edge: Identifying competitors’ patents and evaluating their strength can provide a competitive edge.
- Legal Considerations: The patent has expired, and any interim extensions would be subject to regulatory approval.
FAQs
Q: What is the main compound claimed in US Patent 4,927,855?
A: The main compound claimed is the levorotatory isomer of benzhydrylsulfinylacetamide.
Q: What are the primary applications of the compound claimed in this patent?
A: The primary applications are as a central nervous system stimulant and antidepressant.
Q: How can a patent landscape analysis around this patent be conducted?
A: By defining the scope, searching and organizing relevant patents, identifying trends and key players, analyzing citations, and generating insights for strategic decisions.
Q: What is the current legal status of US Patent 4,927,855?
A: The patent has expired, making the compound and its use in pharmaceutical applications part of the public domain.
Q: Can a patent landscape analysis provide a competitive edge?
A: Yes, by identifying competitors’ key patents, evaluating their strength, and understanding technological trends, a patent landscape analysis can provide valuable insights for strategic decisions.
Cited Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- In re Cephalon Inc. - Request for Interim Patent Term Extension: https://www.uspto.gov/sites/default/files/web/offices/pac/dapp/opla/term/certs/4927855.pdf
- How to Do Patent Landscape Analysis: https://www.goldsteinpatentlaw.com/how-to-patent-landscape-analysis/
- US4927855A - Levorotatory isomer of benzhydrylsulfinyl derivatives: https://patents.google.com/patent/US4927855A/en
