Detailed Analysis of the Scope and Claims of United States Patent 5,744,475
Introduction
United States Patent 5,744,475, titled "Uracil derivatives, and antitumor effect potentiator and antitumor agent containing the same," is a significant patent in the field of pharmaceuticals, particularly in cancer treatment. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent, issued to an inventor or inventors whose names are not specified in the provided sources, relates to novel uracil derivatives. These derivatives have been found to have excellent inhibiting effects on human-derived thymidine phosphorylase and exhibit anti-tumor activity[2][4].
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific aspects of the invention that are protected.
Claims Overview
The patent includes multiple claims that cover various aspects of the uracil derivatives and their applications:
- Chemical Structure: The claims specify the chemical structure of the uracil derivatives, including the substituents and groups attached to the uracil base[4].
- Pharmaceutical Compositions: The patent covers pharmaceutical compositions that include these uracil derivatives, either alone or in combination with other antitumor agents, such as 2'-deoxypyrimidine nucleosides[4].
- Therapeutic Methods: Claims also include methods for potentiating the antitumor effect of antitumor agents and therapeutic methods for treating cancer using these uracil derivatives[4].
Claim Language and Scope Metrics
The scope of the patent can be analyzed using metrics such as independent claim length and independent claim count. These metrics are important in assessing the breadth and clarity of the patent claims. Generally, narrower claims with shorter lengths and fewer counts are associated with a higher probability of grant and a shorter examination process[5].
Key Claims
Claim 1: Uracil Derivatives
The primary claim describes the uracil derivatives represented by a specific formula, where R1 and R2 represent various substituents such as chlorine, bromine, iodine, cyano, or lower alkyl groups, and heterocyclic groups with specific substitutions[4].
Claim 2: Pharmaceutical Compositions
This claim covers pharmaceutical compositions that include the uracil derivatives as active ingredients, either alone or combined with other antitumor agents and pharmaceutically acceptable carriers[4].
Claim 3: Therapeutic Methods
Claims also include methods for administering these uracil derivatives to patients to potentiate the antitumor effect of other antitumor agents and to treat cancer[4].
Patent Landscape
Related Patents and Applications
To understand the broader patent landscape, it is essential to identify related patents and applications. This can be done using tools like the USPTO's Patent Public Search or international databases such as the European Patent Office's esp@cenet or the World Intellectual Property Organization's PATENTSCOPE[1].
Global Dossier
The Global Dossier service can be used to view the patent family for this specific application, including related applications filed at participating IP Offices. This helps in identifying similar inventions and understanding the global protection of the patent[1].
Citation Data
The Common Citation Document (CCD) application can provide a single point of access to citation data related to this patent, consolidating prior art cited by all participating offices. This helps in understanding the prior art landscape and the novelty of the invention[1].
Patent Analytics
Claim Coverage Matrix
To analyze the coverage of this patent, a Claim Coverage Matrix can be used. This matrix categorizes patents by claims and scope concepts, helping to identify gaps or opportunities in the patent protection. This is particularly useful for companies with large patent portfolios to ensure that their products are adequately protected[3].
Claim Charts
Interactive claim charts generated by software like ClaimScape® can help technical experts review the patent coverage. These charts can be used to determine whether a particular scope concept is applicable to a target product or method, highlighting areas where claim coverage may be lacking[3].
Legal Status and Expiration
The patent has expired, as indicated by its legal status. This means that the exclusive rights granted by the patent are no longer in effect, and the invention can now be used by others without infringing on the original patent[4].
Practical Implications
Licensing and Litigation
The expiration of the patent can have significant implications for licensing and litigation. Since the patent is no longer in force, companies can now use the uracil derivatives and related methods without needing to obtain a license or face potential litigation for infringement.
Innovation and Competition
The public domain status of the invention can spur innovation and competition in the pharmaceutical industry. Other companies can now develop and market similar products, potentially leading to advancements in cancer treatment and reduced costs for patients.
Key Takeaways
- Scope and Claims: The patent covers specific uracil derivatives, pharmaceutical compositions, and therapeutic methods.
- Patent Landscape: Understanding related patents and global dossier information is crucial for navigating the broader patent landscape.
- Patent Analytics: Tools like Claim Coverage Matrix and Claim Charts are essential for managing and analyzing large patent portfolios.
- Legal Status: The patent has expired, allowing others to use the invention without infringement concerns.
- Practical Implications: The expiration can lead to increased innovation and competition in the pharmaceutical industry.
FAQs
Q: What is the main subject of United States Patent 5,744,475?
A: The main subject is novel uracil derivatives with anti-tumor activity and their use in pharmaceutical compositions.
Q: How can one analyze the scope of this patent?
A: The scope can be analyzed using metrics such as independent claim length and independent claim count, as well as tools like Claim Coverage Matrix and Claim Charts.
Q: What is the current legal status of the patent?
A: The patent has expired, meaning its exclusive rights are no longer in effect.
Q: How does the expiration of the patent impact the pharmaceutical industry?
A: The expiration allows other companies to use the uracil derivatives and related methods, potentially leading to increased innovation and competition.
Q: What resources can be used to search for related patents and applications?
A: Resources include the USPTO's Patent Public Search, Global Dossier, and international databases like esp@cenet and PATENTSCOPE.
Sources
- USPTO: "Search for patents - USPTO"
- Justia Patents: "US Patent for Uracil derivatives, and antitumor effect potentiator and ..."
- Schwegman: "Patent Analytics | Intellectual Property Law"
- Google Patents: "US5744475A - Uracil derivatives, and antitumor effect potentiator and antitumor agent containing the same"
- SSRN: "Patent Claims and Patent Scope - Search eLibrary :: SSRN"
