Understanding the Scope and Claims of United States Patent 4,997,841
Introduction
United States Patent 4,997,841, titled "Indole derivatives," is a patent that covers compounds and their uses, particularly in the treatment of conditions associated with cephalic pain. Here, we will delve into the details of the patent's scope, claims, and the broader patent landscape it inhabits.
Patent Overview
Publication Number and Authority
The patent, US4997841A, was granted by the United States Patent and Trademark Office (USPTO) and is now expired, having completed its lifetime[4].
Claims and Scope
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims are crucial as they specify what is protected by the patent.
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Claim 1: This claim typically defines the broadest scope of the invention, often describing the general structure of the indole derivatives.
- For example, Claim 1 might specify a compound of a particular formula, including the necessary substituents and their positions on the indole ring[4].
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Dependent Claims: These claims narrow down the scope by adding additional limitations or specific features to the independent claims.
- Dependent claims might include specific types of substituents, their configurations, or the pharmaceutical compositions that include these compounds[4].
Claim Language and Scope Metrics
The scope of a patent can be measured using metrics such as independent claim length and independent claim count. Narrower claims, as indicated by shorter lengths and fewer counts, are often associated with a higher probability of grant and a shorter examination process[3].
Subject Matter and Uses
Compounds and Their Uses
The patent covers indole derivatives that are useful in treating conditions associated with cephalic pain, such as migraine, cluster headache, chronic paroxysmal hemicrania, and headache associated with vascular disorders[4].
- Pharmaceutical Compositions: The patent includes formulations for these compounds, such as liquid sprays, powders, or drops, and specifies delivery methods like aerosol sprays or inhalers[4].
Novelty and Specificity
The compounds of formula (I) and (II) are novel and part of the invention. These compounds have been found to be potent and selective vasoconstrictors, which is a key aspect of their therapeutic value[4].
Patent Examination Process
Narrowing of Claims
During the examination process, the scope of patent claims often narrows down. This is evident from studies that show the examination process tends to reduce the breadth of patent claims in terms of both claim length and claim count[3].
- Examination Duration: The duration of the examination process can significantly impact the narrowing of claims. Longer examination durations often result in more substantial reductions in claim scope[3].
Patent Landscape
Market and Valuation
The value of a patent like US4997841A can be significant, especially given its therapeutic applications. Patents in the pharmaceutical sector can command high prices due to their potential for generating substantial revenue through licensing and sales.
- Sales Data: Historical sales data for patents in similar fields show that prices can range widely. For instance, the mean price per patent document in large deals has been around $483,924, with some patents selling for as high as $7.7 million[1].
Legal and Policy Considerations
- Small Claims Patent Court: There have been discussions and studies on the feasibility of a small claims patent court, which could impact the enforcement and valuation of patents. Such a court would aim to provide a more accessible and cost-effective way for smaller entities to resolve patent disputes[2].
Key Takeaways
- Patent Scope and Claims: The scope of US4997841A is defined by its independent and dependent claims, which specify the indole derivatives and their uses.
- Therapeutic Applications: The patent covers compounds useful in treating cephalic pain conditions.
- Examination Process: The patent examination process likely narrowed the claims to ensure specificity and validity.
- Market Value: Patents in the pharmaceutical sector can be highly valuable due to their therapeutic potential.
- Legal Landscape: The broader patent landscape includes discussions on small claims patent courts and the valuation of patents.
FAQs
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What is the main subject matter of US4997841A?
- The main subject matter is indole derivatives and their use in treating conditions associated with cephalic pain.
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How are the compounds in US4997841A delivered?
- The compounds can be delivered through various formulations such as liquid sprays, powders, or drops, and via methods like aerosol sprays or inhalers.
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What is the significance of claim length and count in patent scope?
- Narrower claims, indicated by shorter lengths and fewer counts, are associated with a higher probability of grant and a shorter examination process.
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Why is the examination process important for patent scope?
- The examination process tends to narrow the scope of patent claims, ensuring specificity and validity.
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How much can patents in the pharmaceutical sector be worth?
- Patents in this sector can command high prices, with some selling for millions of dollars due to their therapeutic potential and revenue-generating capabilities.
Sources
- Perpetual Motion Patents - The Value of a Patent
- Administrative Conference of the United States - U.S. Patent Small Claims Court
- SSRN - Patent Claims and Patent Scope
- Google Patents - US4997841A - Indole derivatives
- USPTO - Untitled - USPTO
