United States Patent 6,861,409: A Detailed Analysis of Scope and Claims
Overview of the Patent
United States Patent 6,861,409, titled "Growth hormone secretagogues," is a patent that deals with compounds designed to elevate the plasma level of growth hormone in mammals. This patent is crucial for understanding the development and application of growth hormone secretagogues (GHSs) in medical and pharmaceutical fields.
Background and Purpose
The patent, filed under the application number US09/880,498, was granted to address the need for effective compounds that can stimulate the secretion of growth hormone. Growth hormone plays a vital role in growth, metabolism, and overall health, making these secretagogues important for various medical treatments, including growth hormone deficiency (GHD)[1].
Chemical Structure and Compounds
The patent describes compounds of a specific formula, denoted as Formula I, which are designed to be effective GHSs. These compounds have various substituents and functional groups that contribute to their efficacy.
Preferred Embodiments
The patent highlights preferred embodiments of the invention, where specific groups such as R2 and R3 are defined. For instance, R2 is often a hydrogen atom, and R3 follows a particular formula (Formula II) with m being 0. These preferences are based on the optimal performance of the compounds in stimulating growth hormone secretion[1].
Specific Compounds
The patent lists several specific compounds that are particularly preferred due to their high efficacy. These include compounds where linear or branched C1-C4 alkyl groups are methyl, ethyl, or i-butyl, and where aryl groups are phenyl or naphthyl. Cycloalkyl groups such as cyclohexyl and heterocyclic groups like 4-piperidinyl or 3-pyrrolyl are also specified[1].
Claims
The claims of the patent are critical as they define the scope of protection for the invention.
Independent Claims
The patent includes independent claims that broadly cover the compounds of Formula I and their use in elevating growth hormone levels. These claims are essential for understanding what is protected under the patent.
Dependent Claims
Dependent claims further specify the preferred embodiments and variations of the compounds, including different substituents and functional groups. These claims provide a detailed breakdown of the protected scope, ensuring that specific and preferred versions of the compounds are covered[1].
Patent Landscape
Understanding the patent landscape is vital for companies and researchers working in the field of growth hormone secretagogues.
Competing Patents
The patent landscape includes other patents related to growth hormone secretagogues and their applications. For example, patents like US 2022/0026449 A1 discuss the use of macimorelin in assessing growth hormone deficiency, which could be seen as complementary or competing technologies[4].
Claim Coverage and Scope Concepts
Analyzing the claims and scope concepts of this patent, as well as others in the field, helps in identifying gaps and opportunities. Tools like Claim Coverage Matrix and Claim Charts can be used to categorize and analyze the claims, ensuring that all aspects of the technology are protected and identifying areas for future development[3].
Legal and Regulatory Aspects
The legal status and regulatory environment surrounding this patent are important considerations.
Expiration and Legal Status
The patent has expired, which means that the protected compounds and methods are now in the public domain. However, understanding the historical context and the claims of the patent can still be valuable for current research and development[1].
False Patent Marking
In the context of patent marking, it is important to note that false patent marking claims have evolved. While the America Invents Act (AIA) limited qui tam actions for false marking, recent court decisions have revived the possibility of private actions under the Lanham Act for false advertising and unfair competition[2].
Applications and Impact
The compounds and methods described in this patent have significant applications in medicine.
Medical Treatments
Growth hormone secretagogues are used in the diagnosis and treatment of growth hormone deficiency (GHD) and other related conditions. The precise measurement and stimulation of growth hormone levels are critical in these treatments[4].
Research and Development
The patent's disclosure of specific compounds and their efficacy has contributed to ongoing research in endocrinology and pharmacology. Understanding these compounds helps in the development of new treatments and diagnostic tools.
Key Takeaways
- Compounds and Structure: The patent describes specific compounds (Formula I) designed to elevate growth hormone levels.
- Preferred Embodiments: Specific groups and substituents are preferred for optimal efficacy.
- Claims: The patent includes independent and dependent claims that define the protected scope.
- Patent Landscape: Analyzing competing patents and using tools like Claim Coverage Matrix is crucial for understanding the broader landscape.
- Legal and Regulatory: The patent has expired, but its historical context remains relevant; false patent marking claims have evolved under recent court decisions.
- Applications: The compounds are vital in medical treatments and ongoing research in endocrinology and pharmacology.
FAQs
What is the primary purpose of the compounds described in US Patent 6,861,409?
The primary purpose is to elevate the plasma level of growth hormone in mammals, which is crucial for treating growth hormone deficiency and other related conditions.
What are the preferred embodiments of the compounds in this patent?
Preferred embodiments include compounds where R2 is hydrogen, R3 follows a specific formula (Formula II), and m is 0. Specific alkyl, aryl, cycloalkyl, and heterocyclic groups are also preferred.
How does the patent landscape affect the scope of this patent?
The patent landscape includes other related patents, and analyzing these using tools like Claim Coverage Matrix helps in identifying gaps and opportunities in the protected scope.
What are the legal implications of the patent's expiration?
The expiration means the protected compounds and methods are now in the public domain, but understanding the historical context and claims remains valuable for current research and development.
How are growth hormone secretagogues used in medical treatments?
Growth hormone secretagogues are used in the diagnosis and treatment of growth hormone deficiency (GHD) and other related conditions by precisely measuring and stimulating growth hormone levels.
What is the significance of false patent marking claims in relation to this patent?
False patent marking claims, although limited by the AIA, have been revived under the Lanham Act for false advertising and unfair competition, which could impact how patents are marked and enforced.
Sources
- US6861409B2 - Growth hormone secretagogues - Google Patents
- The Federal Circuit Breathes New Life into False Patent Marking Claims via Section 43(a) of the Lanham Act - Spencer Fane
- Patent Analytics - Schwegman, Lundberg & Woessner, P.A.
- USE OF MACIMORELIN IN ASSESSING GROWTH HORMONE DEFICIENCY IN CHILDREN - US 2022/0026449 A1
