United States Patent 4,971,800: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 4,971,800 is a significant patent in the pharmaceutical industry, and understanding its scope, claims, and the surrounding patent landscape is crucial for both legal and business purposes. This article will delve into the details of this patent, including its claims, expiration, and the broader context within which it exists.
Patent Overview
Patent Number and Title
The patent in question is U.S. Patent 4,971,800. While the specific title of the patent is not provided in the sources, it is associated with pharmaceutical drugs, indicating its relevance to the healthcare sector.
Applicants and Assignees
The patent was applied for by a specific entity, though the exact name is not specified in the provided sources. However, it is common for such patents to be held by pharmaceutical companies or research institutions[1].
Approval and Expiration Dates
The patent was approved on November 27, 1990. Patents typically have a term of 20 years from the filing date, which would place the expiration date around 2010, assuming no extensions or adjustments under U.S.C. 154(b)[1].
Claims and Scope
Types of Claims
Patent 4,971,800 includes various types of claims, such as composition, compound, and use claims. These claims define the scope of the invention and what is protected under the patent.
Claim Language and Metrics
The scope of a patent can be measured using metrics such as independent claim length and independent claim count. These metrics are important in assessing the breadth and clarity of the patent claims. Broader claims can be more contentious and may lead to increased licensing and litigation costs, while narrower claims are often associated with a higher probability of grant and a shorter examination process[3].
Patent Landscape
International Patents
The invention covered by U.S. Patent 4,971,800 may also be protected by international patents. For instance, similar patents exist in countries like Austria, Canada, Germany, and Spain, each with their own estimated expiration dates and supplementary protection certificates (SPCs)[1].
Related Patents and Litigation
The patent is part of a larger set of related patents, as seen in the case of Penederm Incorporated v. Alzo, where U.S. Patents Nos. 4,971,800, 5,045,317, and 5,051,260 were collectively referenced. This indicates that the patent is part of a broader intellectual property strategy and may be involved in various legal proceedings[5].
Economic and Innovation Impact
Patent Quality and Innovation
The quality of patent claims, including their breadth and clarity, can significantly impact innovation. Overly broad patents can diminish incentives for innovation by increasing licensing and litigation costs. In contrast, narrower, clearer patents can facilitate innovation by providing clearer boundaries and reducing legal disputes[3].
Patent Maintenance and Forward Citations
The maintenance payments and forward citations of a patent can also indicate its scope and impact. Patents with narrower claims at publication tend to have higher maintenance payments and more forward citations, suggesting their greater relevance and influence in the field[3].
Legal and Regulatory Context
Patent Term Adjustments
The term of the patent can be adjusted or extended under certain conditions, such as delays in the examination process. This is governed by U.S.C. 154(b) and can affect the overall duration of the patent's protection[4].
Supplementary Protection Certificates (SPCs)
In addition to the standard patent term, SPCs can extend the protection period for pharmaceutical patents in certain countries. This is particularly relevant for patents like 4,971,800, which may have SPCs in various jurisdictions[1].
Industry Impact and Generic Entry
Generic Entry and Market Competition
The expiration of a patent like 4,971,800 allows for generic entry into the market, increasing competition and potentially reducing drug prices. This is a critical aspect of the pharmaceutical industry, as it affects both the profitability of the original patent holder and the accessibility of medications to consumers[1].
Market Domination and Strategy
Understanding the patent landscape is essential for business strategy in the pharmaceutical sector. Companies must navigate the complex web of patents, SPCs, and regulatory requirements to maintain market dominance and protect their intellectual property[1].
Key Takeaways
- Patent Scope and Claims: The scope of U.S. Patent 4,971,800 is defined by its composition, compound, and use claims.
- International Protection: The patent is protected not only in the U.S. but also in various international jurisdictions.
- Economic Impact: The patent's breadth and clarity can influence innovation and licensing costs.
- Legal Context: The patent term can be adjusted, and SPCs can extend protection.
- Industry Impact: The expiration of the patent allows for generic entry, affecting market competition and drug prices.
FAQs
What is the significance of U.S. Patent 4,971,800 in the pharmaceutical industry?
U.S. Patent 4,971,800 is significant because it protects a pharmaceutical drug, influencing the market dynamics and competition within the industry.
How are patent claims measured in terms of scope?
Patent claims can be measured using metrics such as independent claim length and independent claim count, which indicate the breadth and clarity of the claims[3].
What happens when a patent like 4,971,800 expires?
When a patent like 4,971,800 expires, it allows generic versions of the drug to enter the market, increasing competition and potentially reducing drug prices[1].
How do Supplementary Protection Certificates (SPCs) affect patent protection?
SPCs can extend the protection period for pharmaceutical patents beyond the standard 20-year term, providing additional protection in certain jurisdictions[1].
Why is the clarity of patent claims important?
The clarity of patent claims is important because it affects the incentives for innovation. Clearer, narrower claims reduce legal disputes and licensing costs, facilitating innovation[3].
Sources
- Drug Patent Watch: Summary for Patent: 4,971,800.
- USPTO: Patent Claims Research Dataset.
- SSRN: Patent Claims and Patent Scope.
- Google Patents: United States Patent 6,239,180 B1.
- IP Mall: United States District Court, N.D. California. PENEDERM INCORPORATED v. ALZO.
