Analyzing the Scope and Claims of United States Patent 6,939,964
Introduction
United States Patent 6,939,964, titled "Crystal forms of (-)-6-chloro-4-cyclopropylethynyl-4-trifluoromethyl-1,4-dihydro-2H-3,1-benzoxazin-2-one," is a patent that describes a method for crystallizing a specific compound. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication and Authority
The patent, numbered US6939964B2, was published by the United States Patent and Trademark Office (USPTO) and is categorized under the authority of the US patent system[4].
Prior Art and Keywords
The patent includes prior art keywords such as "solvent," "slurry," "water," "cyclopropylethynyl," and "benzoxazin," indicating the chemical and procedural context of the invention[4].
Legal Status
As of the current date, the patent has expired, marking the end of its lifetime and the public domain status of the described methods and compounds[4].
Claims Analysis
Claim Structure
The claims in a patent are crucial as they define the scope of the invention. For US6939964B2, the claims would typically include a combination of independent and dependent claims. Independent claims stand alone and define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations to the independent claims[2].
Claim Construction
Claim construction is a critical legal process that determines the meaning and scope of the claims. This process is a question of law and is reviewed de novo on appeal. The claims must inform those skilled in the art with reasonable certainty, ensuring that the scope of the invention is clear and not indefinite[2].
Scope of the Invention
Method of Crystallization
The patent describes a method for crystallizing a specific compound, (-)-6-chloro-4-cyclopropylethynyl-4-trifluoromethyl-1,4-dihydro-2H-3,1-benzoxazin-2-one. This method involves using specific solvents and conditions to achieve the desired crystal form, which is crucial for the compound's stability and efficacy[4].
Chemical Context
The invention is rooted in organic chemistry, particularly in the synthesis and crystallization of complex organic compounds. The scope includes the use of various solvents and conditions to achieve the crystallization, which is a key aspect of pharmaceutical and chemical research[4].
Patent Landscape
Related Patents and Applications
To understand the broader patent landscape, one would need to look at related patents and applications, particularly those within the same patent family or those that cite this patent. Tools like the Global Dossier and the Common Citation Document (CCD) can be used to identify related applications and prior art cited by different patent offices[1].
Industry Impact
Patents like US6939964B2 are significant in the pharmaceutical and chemical industries, where the crystallization of compounds is a critical step in drug development. The expiration of this patent means that the methods described are now in the public domain, potentially allowing other companies to use these methods without infringing on the original patent[4].
Search and Research Tools
USPTO Resources
The USPTO provides several resources for searching and analyzing patents, including the Public Search Facility, Patent and Trademark Resource Centers (PTRCs), and online databases like the Patent Official Gazette and the Publication Site for Issued and Published Sequences (PSIPS)[1].
Global Dossier and CCD
The Global Dossier and the Common Citation Document (CCD) are essential tools for analyzing the global patent landscape. These tools provide access to file histories, patent families, and citation data, helping to identify the scope and impact of a patent on a global scale[1].
Economic and Legal Considerations
Patent Validity and Infringement
Patents are accompanied by a presumption of validity, but they can be challenged through inter partes review (IPR) or other legal proceedings. The validity of claims and the potential for infringement are critical legal considerations that can significantly impact the commercial use of patented inventions[2].
Small Claims Patent Court
There have been discussions and studies on the feasibility of a small claims patent court, which could simplify and reduce the costs associated with patent litigation. This could have implications for the enforcement and defense of patents like US6939964B2, especially for smaller entities[5].
Key Takeaways
- Patent Scope: The patent describes a specific method for crystallizing a compound, which is now in the public domain.
- Claims Analysis: Claims must be clear and not indefinite, and their construction is a legal process reviewed de novo.
- Patent Landscape: Understanding related patents and applications is crucial for navigating the broader patent landscape.
- Industry Impact: The expiration of the patent allows other companies to use the described methods without infringement.
- Search Tools: Utilizing USPTO resources, Global Dossier, and CCD is essential for comprehensive patent analysis.
FAQs
What is the current legal status of US6939964B2?
The patent has expired, meaning the described methods and compounds are now in the public domain.
How are claims in a patent constructed and reviewed?
Claim construction is a legal process that determines the meaning and scope of the claims, reviewed de novo on appeal to ensure clarity and non-indefiniteness[2].
What tools can be used to analyze the global patent landscape?
Tools like the Global Dossier and the Common Citation Document (CCD) provide access to file histories, patent families, and citation data, helping to identify the scope and impact of a patent globally[1].
Why is the crystallization method described in US6939964B2 important?
The crystallization method is crucial for the stability and efficacy of the compound, which is significant in pharmaceutical and chemical research[4].
What are the implications of a small claims patent court?
A small claims patent court could simplify and reduce the costs associated with patent litigation, particularly beneficial for smaller entities[5].
Sources
- USPTO: Search for patents - USPTO.
- CAFC: VASCULAR SOLUTIONS LLC v. MEDTRONIC, INC.
- USPTO: Patent Claims Research Dataset.
- Google Patents: US6939964B2 - Crystal forms of (-)-6-chloro-4-cyclopropylethynyl-4-trifluoromethyl-1,4-dihydro-2H-3,1-benzoxazin-2-one.
- ACUS: U.S. Patent Small Claims Court.
