Analyzing the Scope and Claims of United States Patent 5,648,379
Introduction
United States Patent 5,648,379, titled "Derivatives and analogues of 2-deoxy-2,3-didehydro-N-acylneuraminic acids," is a patent that pertains to a new class of chemical compounds and their medical applications. This article will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent, granted on July 15, 1997, involves the development of new 4-substituted-2-deoxy-2,3-didehydro-N-acylneuraminic acids, which are derivatives and analogues of sialic acids. These compounds have potential applications in medicine, particularly in the treatment of viral infections and other diseases where sialic acid derivatives play a crucial role[2].
Scope of the Patent
The scope of the patent is defined by the claims, which outline the specific inventions and their applications that are protected.
Claims Analysis
The patent includes multiple claims that describe the chemical structure, synthesis, and uses of the derivatives and analogues.
- Independent Claims: These claims define the broadest scope of the invention. For example, Claim 1 might describe the general chemical structure of the 4-substituted-2-deoxy-2,3-didehydro-N-acylneuraminic acids.
- Dependent Claims: These claims narrow down the scope by specifying particular substitutions, synthesis methods, or specific medical uses. For instance, a dependent claim might describe a specific derivative with a particular substituent and its use in treating a specific viral infection[2].
Patent Claims and Scope Measurements
To understand the scope of the patent, it is helpful to refer to the Patent Claims Research Dataset provided by the USPTO. This dataset contains detailed information on claims from U.S. patents, including claim-level statistics and document-level statistics. While this dataset does not specifically include data from 1997, it provides a framework for analyzing patent scope and claims in general. The dataset includes measures such as the number of claims, claim dependencies, and the breadth of the claims, which can help in assessing the overall scope of a patent[3].
Patent Landscape
International Patent Protection
The patent landscape for U.S. Patent 5,648,379 also involves international protection. To determine if similar patents exist abroad, one would need to search international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1][4].
- European Patent Office (EPO): The EPO's esp@cenet database allows for full-text searching of European patents and provides machine translations for some languages.
- Japan Patent Office (JPO): Similar to the EPO, the JPO provides access to Japanese patents with machine translations.
- World Intellectual Property Organization (WIPO): The PATENTSCOPE database offers full-text search capabilities for international Patent Cooperation Treaty (PCT) applications and patent documents from participating national and regional patent offices[1][4].
Related Patents and Prior Art
To fully understand the patent landscape, it is crucial to identify related patents and prior art. Tools like the Common Citation Document (CCD) and the Global Dossier can be used to consolidate citation data and view the patent family for a specific application, including related applications filed at participating IP offices[1].
- Common Citation Document (CCD): This tool provides a single point of access to up-to-date citation data relating to the patent applications of the IP5 Offices, helping to visualize search results for the same invention produced by several offices on a single page.
- Global Dossier: This service allows users to see the patent family for a specific application, including all related applications filed at participating IP offices, along with dossier, classification, and citation data[1].
Expiration and Generic Entry
Patent 5,648,379 has expired, as patents typically have a term of 20 years from the filing date. The expiration of the patent allows for generic entry into the market, where other companies can produce and sell the same or similar compounds without infringing on the original patent[5].
Practical Implications
Understanding the scope and claims of U.S. Patent 5,648,379 is crucial for several reasons:
- Research and Development: Researchers and developers need to ensure that their work does not infringe on existing patents. Analyzing the claims and scope helps in identifying potential areas for innovation that are not already protected.
- Commercialization: Companies looking to commercialize similar compounds must navigate the patent landscape to avoid infringement and to identify opportunities for generic entry or licensing agreements.
Key Takeaways
- Patent Scope: The scope of U.S. Patent 5,648,379 is defined by its claims, which describe the chemical structure, synthesis, and medical applications of the derivatives and analogues.
- International Protection: The patent landscape includes international protection, which can be analyzed using databases from various international patent offices.
- Expiration and Generic Entry: The patent has expired, allowing for generic entry into the market.
- Practical Implications: Understanding the patent's scope and claims is essential for research, development, and commercialization.
FAQs
What is the main subject of U.S. Patent 5,648,379?
The main subject of U.S. Patent 5,648,379 is the development of new 4-substituted-2-deoxy-2,3-didehydro-N-acylneuraminic acids and their medical applications.
How can I search for related international patents?
You can search for related international patents using databases such as the European Patent Office's esp@cenet, the Japan Patent Office's database, and the World Intellectual Property Organization's PATENTSCOPE database.
What is the Common Citation Document (CCD)?
The Common Citation Document (CCD) is a tool that provides a single point of access to up-to-date citation data relating to the patent applications of the IP5 Offices, helping to visualize search results for the same invention produced by several offices on a single page.
Has U.S. Patent 5,648,379 expired?
Yes, U.S. Patent 5,648,379 has expired, as patents typically have a term of 20 years from the filing date.
What are the implications of the patent's expiration?
The expiration of the patent allows for generic entry into the market, where other companies can produce and sell the same or similar compounds without infringing on the original patent.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- US5648379A - Derivatives and analogues of 2-deoxy-2,3-didehydro ...: https://patents.google.com/patent/US5648379A/en
- Patent Claims Research Dataset - USPTO: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Clemson University - Advanced Patent Searching: https://clemson.libguides.com/advanced_patent_searching
- DrugPatentWatch - Patent 5648379: https://www.drugpatentwatch.com/p/patent/5648379
