United States Patent 5,874,447: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 5,874,447, titled "4-Phenylpiperidine compounds for treating depression," is a significant patent in the pharmaceutical sector, particularly in the treatment of depression. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Background of the Patent
The patent, filed as US08/872,023, was granted on February 23, 1999. It pertains to specific compounds and their pharmaceutically acceptable salts, designed for the treatment of depression. The invention is part of a class of 4-phenylpiperidine compounds, which have shown promise in addressing depressive disorders[5].
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific subject matter that the patentee regards as their invention. Here, the patent claims compounds having a particular chemical structure, along with their use in treating depression.
Claim Construction
Claim construction is crucial in understanding the scope of a patent. For U.S. Patent 5,874,447, the claims must be read in view of the specification to ensure that the terms are used consistently throughout the patent. This approach is in line with judicial precedents, such as the Federal Circuit's ruling that "claims must be read in view of the specification"[2].
Independent Claims
The patent includes independent claims that define the core of the invention. These claims are typically broader and more comprehensive than dependent claims. For example, Claim 1 of the patent might describe the general structure of the 4-phenylpiperidine compounds, while subsequent claims might narrow down to specific embodiments or uses.
Claims Analysis
Claim Language and Scope
The claims of U.S. Patent 5,874,447 are crafted to define the invention with precision. The language used is critical, as it determines the breadth and depth of the patent's protection. Research has shown that the length and count of independent claims can be metrics for measuring patent scope, with narrower claims often associated with a higher probability of grant and shorter examination processes[3].
Specific Claim Terms
The patent claims specific chemical structures and their applications. For instance, the patent describes compounds having the formula I, where R represents an alkyl or alkynyl group. These specific claim terms are essential for distinguishing the invention from prior art and ensuring that the patent does not overly broaden the scope of protection[5].
Patent Landscape
Prior Art and Citation Data
Understanding the prior art and citation data is vital for assessing the novelty and non-obviousness of the invention. Tools like the Common Citation Document (CCD) provided by the USPTO consolidate citation data from multiple patent offices, helping to visualize the prior art landscape for a particular patent family[1].
Related Patents and Applications
The patent landscape includes other related patents and applications, such as those in the same patent family or those that cite U.S. Patent 5,874,447. This can be explored through the Global Dossier service, which provides access to file histories and related applications from participating IP offices[1].
Litigation and Disputes
Patents, especially those in the pharmaceutical sector, are often subject to litigation and disputes. For U.S. Patent 5,874,447, any disputes over claim terms or infringement would be resolved through judicial proceedings, where the court would construe the claims based on the specification and other relevant evidence[2].
Patent Maintenance and Continuation Procedures
The maintenance of a patent involves various procedures, including payment of maintenance fees and potential continuation applications. Continuation procedures allow applicants to update their applications or separate claimed inventions, which can complicate the calculation of allowance rates but are crucial for maintaining and expanding patent protection[4].
Allowance Rates and Examination Process
The probability of receiving a patent, including U.S. Patent 5,874,447, depends on several factors such as the first-action allowance rate, progenitor allowance rate, and family allowance rate. Studies have shown that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[4].
Technology Field and Classification
The patent falls under the chemical and pharmaceutical technology fields. The USPTO classification scheme aggregates these into broader categories, such as "Drugs and Medical," which helps in analyzing the patent's position within the broader technological landscape[4].
Expiration and Legal Status
As of the current date, U.S. Patent 5,874,447 has expired, marking the end of its legal protection. This expiration is a common phase in the lifecycle of a patent, after which the invention enters the public domain[5].
Key Takeaways
- Scope and Claims: The patent's scope is defined by its claims, which must be read in view of the specification to ensure consistency.
- Patent Landscape: Understanding prior art, citation data, and related patents is crucial for assessing the patent's novelty and non-obviousness.
- Litigation: Disputes over claim terms or infringement are resolved through judicial proceedings.
- Maintenance and Continuation: Patent maintenance involves payment of fees and potential continuation applications to update or expand protection.
- Allowance Rates: Narrower claims at publication are associated with higher grant probabilities and shorter examination processes.
- Technology Field: The patent falls under the chemical and pharmaceutical fields.
FAQs
What is the main subject matter of U.S. Patent 5,874,447?
The main subject matter of U.S. Patent 5,874,447 is 4-phenylpiperidine compounds and their use in treating depression.
How are the claims of a patent constructed and interpreted?
Claims are constructed and interpreted by reading them in view of the specification to ensure consistency and clarity. Judicial precedents guide this process.
What tools can be used to analyze the prior art and citation data for a patent?
Tools like the Common Citation Document (CCD) and the Global Dossier service provided by the USPTO can be used to analyze prior art and citation data.
What happens to a patent after it expires?
After a patent expires, the invention enters the public domain, and the legal protection afforded by the patent ceases.
How do continuation procedures affect the patent examination process?
Continuation procedures allow applicants to update their applications or separate claimed inventions, which can complicate the calculation of allowance rates but are crucial for maintaining and expanding patent protection.
What metrics can be used to measure the scope of a patent?
Metrics such as independent claim length and independent claim count can be used to measure the scope of a patent, with narrower claims often associated with higher grant probabilities and shorter examination processes.
Sources
- USPTO: Search for patents - USPTO.
- Justia: OPINION. Signed by Judge Claire C. Cecchi on 11 ... - US Case Law.
- SSRN: Patent Claims and Patent Scope - Search eLibrary :: SSRN.
- Yale Journal of Law and Technology: What Is the Probability of Receiving a US Patent?
- Google Patents: US5874447A - 4-Phenylpiperidine compounds for treating depression.
