United States Patent 5,496,931: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 5,496,931, titled "Insecticide and miticide A83543 compounds and their method of production by fermentation," is a significant patent in the field of agricultural chemistry and pest control. This patent, granted to the assignees of the invention, outlines a new group of compounds with excellent insecticidal and miticidal activities. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent, filed under the application number US08/406,760, was granted on March 5, 1996. It pertains to the discovery and production of A83543 compounds, which are derived from the fermentation of a newly described species of the genus Saccharopolyspora, specifically Saccharopolyspora spinosa sp. nov.[4].
Scope of the Patent
Invention Overview
The patent describes a new group of compounds, A83543, which include individual components A83543A, A83543B, A83543C, A83543D, A83543E, A83543F, A83543G, A83543H, and A83543J, along with their acid-addition salts. These compounds exhibit potent insecticidal and miticidal activities, particularly against Lepidoptera and Diptera species[4].
Production Method
The patent details the method of producing these compounds through submerged aerobic fermentation of Saccharopolyspora spinosa. This process involves culturing the bacteria under specific conditions to yield the desired compounds[4].
Applications
The A83543 compounds are used in various formulations and compositions for controlling insects and ectoparasites. The patent also covers methods for using these compounds in insecticidal and miticidal applications, including their use in domestic animal care[4].
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims cover:
- The A83543 compounds themselves, including their individual components and acid-addition salts.
- The method of producing these compounds through fermentation.
- Compositions and combination products containing the A83543 compounds as active ingredients.
- Methods for controlling insects and ectoparasites using these compounds[4].
Dependent Claims
Dependent claims further specify the characteristics and uses of the A83543 compounds, such as their chemical structure, the specific strains of Saccharopolyspora spinosa used in production, and the conditions under which the fermentation is conducted[4].
Importance of Claim Scope
The scope of the claims in a patent application is crucial for its validity and enforceability. A common misconception is that broader claims are always better, but this is not the case. Broader claims can be more difficult to get granted and are easier to invalidate due to prior art or failure to meet the written description requirement[3].
Balancing Claim Scope
For the US5496931A patent, the claim scope is carefully balanced to ensure it is broad enough to cover the invention's essence but not so broad that it becomes vulnerable to invalidation. The claims are anchored to the specific embodiments described in the specification, avoiding the pitfalls of overly broad claims that might run afoul of the abstract idea exception or fail to meet the written description requirement[3].
Patent Landscape
Prior Art and Related Patents
The patent landscape for insecticides and miticides is extensive, with numerous patents covering various compounds and methods. The US5496931A patent must be considered in the context of prior art, including other patents related to insecticidal compounds and fermentation processes. Tools like the USPTO's Patent Public Search and the Common Citation Document (CCD) application can help identify relevant prior art and ensure that the claims of US5496931A are novel and non-obvious[1].
International Patent Offices
The global patent landscape is also relevant, as similar inventions may have been patented in other countries. Databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) can be used to search for international patents related to the A83543 compounds[1].
Practical Applications and Impact
Agricultural and Pest Control
The A83543 compounds have significant practical applications in agriculture and pest control. They offer effective solutions for controlling harmful insects, which can improve crop yields and reduce the use of more harmful chemicals. The method of production via fermentation makes these compounds more sustainable and environmentally friendly[4].
Economic Impact
The economic impact of this patent can be substantial, given the widespread use of insecticides and miticides in agriculture and domestic animal care. The patent provides a competitive edge to the assignees, allowing them to market and sell these compounds exclusively, thereby generating revenue and driving innovation in the field.
Key Takeaways
- Invention Scope: The patent covers A83543 compounds, their production via fermentation, and their use in insecticidal and miticidal applications.
- Claim Balance: The claims are carefully balanced to ensure they are broad enough to cover the invention but not so broad as to be vulnerable to invalidation.
- Patent Landscape: The patent must be considered within the context of prior art and international patents to ensure novelty and non-obviousness.
- Practical Applications: The A83543 compounds have significant practical applications in agriculture and pest control, offering sustainable and effective solutions.
FAQs
What are the A83543 compounds?
The A83543 compounds are a group of insecticidal and miticidal compounds produced through the fermentation of Saccharopolyspora spinosa sp. nov.
How are the A83543 compounds produced?
The compounds are produced through submerged aerobic fermentation of Saccharopolyspora spinosa under specific conditions.
What are the practical applications of the A83543 compounds?
The compounds are used in various formulations for controlling insects and ectoparasites, particularly in agriculture and domestic animal care.
Why is the claim scope important in a patent application?
The claim scope is crucial because it must be broad enough to cover the invention but not so broad that it becomes vulnerable to invalidation due to prior art or failure to meet the written description requirement.
How can one search for related patents internationally?
One can use databases provided by international patent offices such as the EPO, JPO, and WIPO to search for related patents globally.
Sources
- USPTO: Search for patents - USPTO.
- U.S. EPA: Pesticide Product Label, CONSERVE FIRE ANT BAIT.
- Rimon Law: The Importance of Getting the Claim Scope Right in a US Patent Application.
- Google Patents: US5496931A - Insecticide and miticide A83543 compounds and their method of production by fermentation.
