United States Patent 5,719,147: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 5,719,147, titled "Morpholine and Thiomorpholine Tachykinin Receptor Antagonists," was granted on February 17, 1998, to Merck & Co., Inc. This patent is significant in the field of pharmaceuticals, particularly for the treatment of inflammatory diseases. Here, we delve into the scope, claims, and the broader patent landscape surrounding this invention.
Inventors and Assignee
The patent was invented by a team of researchers including Conrad P. Dorn, Paul E. Finke, Jeffrey J. Hale, Malcohm MacCoss, Sander G. Mills, Shrenik K. Shah, Mark Stuart Chambers, Timothy Harrison, Tamara Ladduwahetty, and Brian John Williams. The assignee is Merck & Co., Inc., a major pharmaceutical company based in Rahway, New Jersey[4].
Patent Scope
The scope of a patent is crucial as it defines the boundaries of what is protected. For US5719147A, the scope is determined by the claims listed in the patent.
Claim Structure
The patent includes multiple claims that describe the specific compounds and their uses. The claims are structured to cover various aspects of the invention, including the chemical structure of the morpholine and thiomorpholine derivatives, their synthesis, and their application as tachykinin receptor antagonists. A broader claim might cover the general class of compounds, while narrower claims specify particular derivatives and their therapeutic uses[4].
Breadth of Claims
The breadth of the claims can be measured by the number of words in the first claim, among other metrics. Generally, longer claims are more narrow, as they specify more conditions that must be met for a patent to be violated. In this case, the claims are detailed, indicating a moderate to narrow scope, which suggests that competitors would need to make significant changes to avoid infringement[5].
Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims. For example, Claim 1 might describe a broad class of morpholine derivatives, while Claim 2 might specify a particular derivative with additional structural features[4].
Claim Examples
- Claim 1: This claim might describe the general structural formula of the morpholine and thiomorpholine derivatives.
- Claim 2: This could specify a particular derivative, such as a fluoro-substituted morpholine compound.
- Claim 3: This might cover the method of synthesizing these compounds.
Claim Validity
The validity of the claims is crucial for the patent's enforceability. The claims must be novel, non-obvious, and adequately described. The patent examiners at the USPTO would have evaluated these claims during the prosecution phase to ensure they meet these criteria[4].
Patent Landscape
Prior Art
The patent cites several prior art documents, including U.S. patents and foreign patent documents. These references indicate the state of the art at the time of filing and help in understanding how the current invention differs from existing knowledge. For instance, U.S. Patent 4,782,054 and 5,064,838 are cited as relevant prior art[1].
Related Patents
The patent is part of a larger family of patents related to tachykinin receptor antagonists. It is a continuation-in-part of several earlier applications, indicating a series of improvements and refinements in the research and development process[1].
Litigation
As with many significant patents, US5719147A has been involved in litigation. Law360 reports on various cases related to this patent, highlighting the importance of this invention in the pharmaceutical industry and the potential for disputes over intellectual property rights[2].
Technological Classification
The patent is classified under several international and U.S. patent classification systems, including A61K 31/54 and 514/227.5. These classifications help in organizing and searching prior art, facilitating the examination process by patent examiners[4].
Impact on Industry
Therapeutic Applications
The morpholine and thiomorpholine derivatives described in the patent are useful in treating inflammatory diseases. This has significant implications for the pharmaceutical industry, as these compounds could offer new therapeutic options for patients suffering from conditions such as asthma, arthritis, and other inflammatory disorders.
Competitive Landscape
The issuance of this patent would have given Merck & Co., Inc. a competitive edge in the development of tachykinin receptor antagonists. Competitors would need to either license the technology or develop alternative compounds that do not infringe on the claims of this patent.
Expiration and Current Status
The patent has expired, as it was granted for a term of 20 years from the filing date of September 8, 1995. This means that the protected compounds and methods are now in the public domain, allowing other companies to manufacture and use these derivatives without infringing on Merck's patent rights[4].
Key Takeaways
- Scope and Claims: The patent's scope is defined by detailed claims that cover specific morpholine and thiomorpholine derivatives and their therapeutic uses.
- Breadth of Claims: The claims are moderately narrow, indicating that competitors must make significant changes to avoid infringement.
- Prior Art and Related Patents: The patent is part of a larger family of patents and cites several prior art documents.
- Technological Classification: Classified under various international and U.S. patent classification systems.
- Impact on Industry: Significant therapeutic applications and a competitive edge for Merck & Co., Inc. at the time of issuance.
- Current Status: The patent has expired, placing the protected compounds and methods in the public domain.
FAQs
What is the main subject of United States Patent 5,719,147?
The main subject is morpholine and thiomorpholine derivatives as tachykinin receptor antagonists for treating inflammatory diseases.
Who are the inventors of this patent?
The inventors include Conrad P. Dorn, Paul E. Finke, Jeffrey J. Hale, Malcohm MacCoss, Sander G. Mills, Shrenik K. Shah, Mark Stuart Chambers, Timothy Harrison, Tamara Ladduwahetty, and Brian John Williams.
What is the assignee of this patent?
The assignee is Merck & Co., Inc.
How is the scope of the patent determined?
The scope is determined by the claims listed in the patent, which describe the specific compounds, their synthesis, and their therapeutic uses.
What is the current status of the patent?
The patent has expired, as it was granted for a term of 20 years from the filing date.
Why is this patent significant in the pharmaceutical industry?
It is significant because it provides new therapeutic options for treating inflammatory diseases and gave Merck & Co., Inc. a competitive edge at the time of issuance.
Sources
- United States Patent 5,719,147: Morpholine and Thiomorpholine Tachykinin Receptor Antagonists[1].
- Law360: Cases involving patent number 5719147[2].
- Northwestern University School of Law: Claiming Nanotechnology: Improving USPTO Efforts at Examining Nanotechnology Patents[3].
- Google Patents: US5719147A - Morpholine and thiomorpholine tachykinin receptor antagonists[4].
- Boston University School of Law: The Ways We've been Measuring Patent Scope are Wrong: How to Measure and Draw Causal Inferences with Patent Scope[5].
