United States Patent 4,977,138: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 4,977,138, granted on December 11, 1990, to Okuhara et al., is a significant patent in the field of pharmaceuticals, particularly for its disclosure of the antimicrobial and antitumor compound FR901228, also known as FK228. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Invention
The patent pertains to the discovery and production of FR901228, a depsipeptide with notable antimicrobial and antitumor activities. This compound is particularly interesting due to its histone deacetylase inhibitor (HDACi) activity, which has implications for cancer treatment and other diseases[4].
Scope of the Invention
The scope of the patent encompasses the methods of producing FR901228, its use as an antibacterial and antitumor agent, and the various forms in which it can be administered. The invention includes:
- Production Methods: The patent details the process of culturing a specific strain of microorganisms to produce FR901228. This involves the use of particular media and conditions to optimize the yield of the compound[1].
- Therapeutic Uses: The patent highlights the antimicrobial and antitumor properties of FR901228, making it a valuable compound in the treatment of various diseases[1][4].
Claims of the Patent
The patent includes several claims that define the scope of protection:
- Claim 1: This claim covers the compound FR901228 itself, including its structure and composition.
- Claim 2: This claim pertains to the method of producing FR901228 through the cultivation of specific microorganisms.
- Claim 3: This claim covers the use of FR901228 as an antibacterial and antitumor agent.
- Subsequent Claims: These claims detail various aspects of the production process, including the media used and the conditions for culturing the microorganisms[1].
Patent Landscape
The patent landscape surrounding US 4,977,138 is complex and involves several related patents and applications:
- Related Patents: Patents such as US 7,611,724 B2, which is a continuation of earlier applications, build upon the initial discovery of FR901228. These patents often cover different aspects of the production process, new forms of the compound, and additional therapeutic uses[1].
- Prior Art: The patent references earlier publications and patents, such as EP 0 352 646 and JP 4-7.9892, which are part of the prior art in this field. These references indicate the state of knowledge at the time of the invention[1].
- International Applications: The patent is part of a broader international application landscape, with filings in multiple jurisdictions, such as the PCT/JP01/07191 application[1].
Impact and Significance
The impact of US 4,977,138 is significant in the pharmaceutical industry:
- Therapeutic Applications: The discovery of FR901228's HDACi activity has opened up new avenues for cancer treatment and other diseases. This has led to further research and development in the field of epigenetic therapies[4].
- Commercial Importance: The patent has been commercially important, with companies like Celgene (now part of Bristol Myers Squibb) holding related patents and developing products based on this technology[5].
Patent Analytics and Claim Coverage
To fully understand the protection and gaps in the patent landscape, patent analytics tools can be employed:
- Claim Coverage Matrix: This tool helps in categorizing patents by claims and scope concepts, providing a clear picture of which patents and claims are actively protecting the intellectual property related to FR901228[3].
- Claim Charts: These charts facilitate the review of patent coverage with technical experts, helping to identify gaps in current coverage and future design opportunities[3].
Expiry and Current Status
The patent US 4,977,138 has expired, with its estimated expiry date being July 6, 2011. This means that the technology disclosed in the patent is now in the public domain, although related patents and improvements may still be in force[5].
Conclusion
United States Patent 4,977,138 is a pivotal patent in the field of pharmaceuticals, particularly for its disclosure of the antimicrobial and antitumor compound FR901228. Understanding the scope, claims, and broader patent landscape is crucial for navigating the complex world of intellectual property in this field.
Key Takeaways
- Production Methods: The patent details specific methods for producing FR901228.
- Therapeutic Uses: FR901228 has significant antimicrobial and antitumor properties.
- Claims: The patent includes claims covering the compound, production methods, and therapeutic uses.
- Patent Landscape: The patent is part of a broader landscape involving related patents and international applications.
- Impact: The discovery has significant therapeutic and commercial implications.
- Patent Analytics: Tools like Claim Coverage Matrix and Claim Charts are essential for understanding patent protection.
FAQs
What is the main compound disclosed in US 4,977,138?
The main compound disclosed is FR901228, also known as FK228, a depsipeptide with antimicrobial and antitumor activities.
What are the therapeutic uses of FR901228?
FR901228 is used as an antibacterial and antitumor agent, particularly for its histone deacetylase inhibitor (HDACi) activity.
How is FR901228 produced according to the patent?
The patent details the production of FR901228 through the cultivation of specific microorganisms in particular media and conditions.
What is the current status of the patent?
The patent US 4,977,138 has expired, with its estimated expiry date being July 6, 2011.
How can patent analytics help in understanding the patent landscape?
Patent analytics tools, such as Claim Coverage Matrix and Claim Charts, help in categorizing patents by claims and scope concepts, identifying gaps in coverage, and highlighting future design opportunities.
