|
Patent landscape, scope, and claims: |
Understanding the Scope and Claims of United States Patent 7,138,392
Introduction
United States Patent 7,138,392, assigned to Pfizer Inc., is a significant patent in the pharmaceutical sector, particularly involving DNA encoding for human growth hormone variants. This analysis will delve into the patent's scope, claims, and the broader patent landscape surrounding it.
Patent Overview
Patent Number and Title
- The patent number is 7,138,392, and it is titled "2-phenyl-1-[4-(2-aminoethoxy)-benzyl]-indoles as estrogenic agents"[2][5].
Assignee
- The patent is assigned to Pfizer Inc., a major pharmaceutical company[5].
Patent Claims
Type of Claims
- The patent includes claims related to specific chemical compounds, particularly 2-phenyl-1-[4-(2-aminoethoxy)-benzyl]-indoles, which are described as estrogenic agents. These claims are crucial for defining the scope of the patent[5].
Independent and Dependent Claims
- The patent contains both independent and dependent claims. Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations. For example, independent claims might describe the general structure of the compounds, while dependent claims could specify particular substitutions or modifications[3].
Scope of the Patent
Patent Scope Metrics
- The scope of a patent can be measured using metrics such as independent claim length (ICL) and independent claim count (ICC). These metrics help in understanding the breadth and clarity of the patent claims. Narrower claims, as indicated by shorter ICL and lower ICC, are generally associated with higher grant probabilities and shorter examination processes[3].
Specific Compounds and Uses
- The patent specifically covers compounds that act as estrogenic agents, which are used in various therapeutic applications. The scope includes the synthesis, composition, and use of these compounds in pharmaceutical formulations[5].
Patent Landscape
Expiration and Status
- As of the latest available data, the patent 7,138,392 has expired. It was one of the patents protecting the drug Duavee, and its expiration date was April 2017[2].
Related Patents
- The drug Duavee, which is associated with this patent, is protected by multiple patents. Besides 7,138,392, there are other patents that cover different aspects of the drug, such as crystalline polymorphs and dosage forms. These patents have different expiration dates, with the last active patent set to expire in March 2027[2].
Maintenance Fees and Expiration
Maintenance Fees
- To keep a patent in force, maintenance fees must be paid at specific intervals (3.5, 7.5, and 11.5 years after the grant date). Failure to pay these fees results in the patent expiring. This patent, having expired in 2017, would have required maintenance fees to be paid if it were still active[1].
Consequences of Non-Payment
- If maintenance fees are not paid, the patent expires on the 4th, 8th, or 12th anniversary of the grant date, depending on the first missed payment. This highlights the importance of timely fee payments to maintain patent protection[1].
Impact on Generic Launch
Generic Competition
- The expiration of this patent, along with other related patents, opens the door for generic competition. Generic manufacturers can now develop and market their own versions of the drug, which can significantly impact the market dynamics and pricing of the original drug[2].
Industry Implications
Innovation and Litigation
- The expiration of patents like 7,138,392 can have dual effects on innovation. On one hand, it allows for more competition and potentially lowers drug prices, which can increase access to medications. On the other hand, it may reduce the incentives for innovation if companies cannot recoup their investment through exclusive rights[3].
Conclusion
Understanding the scope and claims of United States Patent 7,138,392 is crucial for both the pharmaceutical industry and generic manufacturers. The patent's expiration has significant implications for market competition and the availability of generic versions of the drug.
Key Takeaways
- Patent Number and Title: 7,138,392, titled "2-phenyl-1-[4-(2-aminoethoxy)-benzyl]-indoles as estrogenic agents."
- Assignee: Pfizer Inc.
- Claims: Cover specific chemical compounds acting as estrogenic agents.
- Scope Metrics: Narrower claims are associated with higher grant probabilities and shorter examination processes.
- Expiration: The patent expired in April 2017.
- Related Patents: Part of a group of patents protecting the drug Duavee.
- Maintenance Fees: Critical for maintaining patent protection; non-payment leads to patent expiration.
- Generic Competition: Expiration allows for generic versions to enter the market.
FAQs
Q: What is the title of United States Patent 7,138,392?
A: The title is "2-phenyl-1-[4-(2-aminoethoxy)-benzyl]-indoles as estrogenic agents."
Q: Who is the assignee of this patent?
A: The patent is assigned to Pfizer Inc.
Q: What are the implications of the patent's expiration?
A: The expiration allows for generic competition, potentially lowering drug prices and increasing access to medications.
Q: How are maintenance fees related to patent protection?
A: Maintenance fees must be paid at specific intervals to keep the patent in force; failure to pay results in patent expiration.
Q: What metrics can be used to measure the scope of a patent?
A: Metrics such as independent claim length (ICL) and independent claim count (ICC) can be used to measure the scope and clarity of patent claims.
Sources
- USPTO Notices - US PATENT AND TRADEMARK OFFICE, May 6, 2008.
- Duavee patent expiration - Pharsight - GreyB.
- Patent Claims and Patent Scope - Hoover Institution.
- Approved drug products - DrugPatentWatch.
- Pharmaceutical drugs covered by patent 7,138,392 - DrugPatentWatch.
More… ↓
⤷ Subscribe
|
