United States Patent 7,361,787: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 7,361,787, titled "Phenethanolamine derivatives for treatment of respiratory diseases," is a significant patent in the field of pharmaceuticals, particularly focusing on respiratory health. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Details
- Publication Number: US7361787B2
- Prior Art Date: This patent is part of a larger body of work in the medical and veterinary science category, specifically under A61P, which pertains to specific therapeutic activities of chemical compounds or medicinal preparations[1].
Invention Description
The patent describes novel compounds of the phenethanolamine class, their manufacturing process, and pharmaceutical compositions containing these compounds. These compounds are designed for the treatment of respiratory diseases, highlighting their therapeutic potential in this area.
Scope of the Patent
Therapeutic Applications
The scope of the patent is broad, covering various therapeutic applications for respiratory diseases. This includes treatments for conditions such as asthma, chronic obstructive pulmonary disease (COPD), and other respiratory disorders. The compounds are engineered to have specific pharmacological properties that make them effective in these treatments[1].
Chemical Structure
The patent details the chemical structure of the phenethanolamine derivatives, including the presence of alkyl, hydroxy, phenyl, and etherified hydroxy groups. These structural elements are crucial for the compounds' efficacy and stability[1].
Claims of the Patent
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broad scope of the invention, while dependent claims narrow down the scope by adding specific limitations.
- Independent Claims: These claims outline the general structure of the phenethanolamine derivatives and their use in treating respiratory diseases.
- Dependent Claims: These claims specify particular aspects of the compounds, such as specific substituents, dosages, and methods of administration[1].
Claim Coverage
Understanding the claim coverage is essential for determining the patent's protection and potential infringement. The claims are categorized based on their scope concepts, which can be analyzed using tools like Claim Coverage Matrices and Claim Charts. These tools help in identifying which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist[3].
Patent Landscape
Related Patents and Applications
The patent landscape for respiratory disease treatments is complex and involves numerous patents and applications. The USPTO's Patent Public Search tool and Global Dossier service can be used to identify related patents and applications, including those filed in other countries. This helps in understanding the broader context and potential overlaps or gaps in patent coverage[4].
Competing Technologies
Other patents and technologies in the respiratory disease treatment space need to be considered. For instance, patents related to other classes of compounds or different therapeutic approaches can impact the market and the validity of the claims in US7361787B2. Analyzing these competing technologies through patent analytics can provide insights into market positioning and future development opportunities[3].
Legal and Regulatory Considerations
Patent Litigation and Infringement
The legal landscape surrounding patents, including potential litigation and infringement claims, is crucial. Studies like the one conducted by ACUS on small claims patent courts highlight the complexities and considerations involved in patent disputes. Understanding these legal aspects is vital for protecting and enforcing the patent[2].
Licensing and Assignments
The management of licenses, assignments, and infringement claims is governed by specific policies and procedures. For example, the DFARS (Defense Federal Acquisition Regulation Supplement) outlines guidelines for processing licenses, assignments, and infringement claims in the context of government contracts[5].
Practical Applications and Future Directions
Clinical Trials and Regulatory Approval
For the compounds described in US7361787B2 to be commercially viable, they must undergo rigorous clinical trials and obtain regulatory approval. The patent's scope and claims must align with the regulatory requirements and clinical trial outcomes to ensure market entry.
Market Impact
The market impact of these compounds will depend on their efficacy, safety profile, and how they compare to existing treatments. Patent analytics can help in identifying market gaps and opportunities, guiding future research and development efforts.
Key Takeaways
- Therapeutic Scope: The patent covers a broad range of respiratory diseases with specific phenethanolamine derivatives.
- Chemical Structure: The compounds are defined by their unique chemical structure, including alkyl, hydroxy, and phenyl groups.
- Claim Coverage: Understanding the claim coverage is critical for protecting intellectual property and identifying gaps or opportunities.
- Patent Landscape: The patent is part of a complex landscape involving numerous related patents and applications.
- Legal Considerations: Legal and regulatory aspects, including potential litigation and infringement claims, must be carefully managed.
FAQs
What is the primary therapeutic application of the compounds described in US7361787B2?
The primary therapeutic application is the treatment of respiratory diseases such as asthma and COPD.
How can the claim coverage of US7361787B2 be analyzed?
The claim coverage can be analyzed using tools like Claim Coverage Matrices and Claim Charts, which categorize patents by claims and scope concepts.
What resources can be used to identify related patents and applications?
Resources such as the USPTO's Patent Public Search tool, Global Dossier service, and international patent databases can be used to identify related patents and applications.
What are the legal considerations for managing licenses and assignments related to US7361787B2?
The management of licenses, assignments, and infringement claims is governed by policies and procedures outlined in regulations such as DFARS.
How does the patent landscape impact the commercial viability of the compounds?
The patent landscape, including competing technologies and related patents, can significantly impact the commercial viability by affecting market positioning, regulatory approval, and potential litigation.
Sources
- US7361787B2 - Phenethanolamine derivatives for treatment of respiratory diseases - Google Patents
- U.S. Patent Small Claims Court - Administrative Conference of the United States
- Patent Analytics - Schwegman, Lundberg & Woessner, P.A.
- Search for patents - USPTO - United States Patent and Trademark Office
- SUBPART 227.70 INFRINGEMENT CLAIMS, LICENSES, AND ASSIGNMENTS - U.S. Department of Defense
