Understanding the Scope and Claims of United States Patent 7,491,736
Introduction
United States Patent 7,491,736, titled "Biphenyl compounds useful as muscarinic receptor antagonists," is a significant patent in the field of pharmaceuticals, particularly for treating pulmonary disorders. Here, we will delve into the details of the patent's scope, claims, and the broader patent landscape.
Background of the Patent
The patent, filed under the publication number US7491736B2, involves the development of biphenyl compounds that act as muscarinic receptor antagonists. These compounds are designed to be effective in treating conditions such as Chronic Obstructive Pulmonary Disease (COPD) and asthma, while minimizing side effects[1].
Scope of the Patent
The scope of the patent encompasses the synthesis, composition, and therapeutic applications of the biphenyl compounds. Here are some key aspects:
Therapeutic Applications
The biphenyl compounds are intended for the treatment of pulmonary disorders. By acting as muscarinic receptor antagonists, these compounds help in relaxing the airway muscles, thereby improving lung function in patients with COPD and asthma[1].
Chemical Structure
The patent describes the specific chemical structures of the biphenyl compounds, including their synthesis and the various functional groups attached to the biphenyl core. This includes ester, piperidin, and other moieties that contribute to the compounds' pharmacological activity[1].
Side Effect Reduction
A critical aspect of the patent is the reduction or elimination of side effects associated with traditional muscarinic receptor antagonists. This makes the biphenyl compounds more tolerable and safer for long-term use[1].
Claims of the Patent
The claims section of the patent is crucial as it defines the legal boundaries of what is protected.
Independent Claims
The patent includes several independent claims that outline the specific compounds, their methods of preparation, and their use in treating pulmonary disorders. These claims are broad enough to cover a range of biphenyl compounds but specific enough to distinguish them from prior art[1].
Dependent Claims
Dependent claims further narrow down the scope by specifying particular functional groups, substituents, and therapeutic applications. These claims build upon the independent claims and provide additional protection for specific embodiments of the invention[1].
Patent Landscape
Understanding the patent landscape is essential for assessing the patent's impact and potential challenges.
Prior Art
The patent must distinguish itself from prior art, which includes other muscarinic receptor antagonists and biphenyl compounds. The unique chemical structures and therapeutic profiles of the compounds in this patent ensure that they are novel and non-obvious over existing technologies[1].
Classification
The patent is classified under various categories, including C07D211/36 and C07D211/60, which pertain to heterocyclic compounds and carbon atoms having three bonds to hetero atoms. This classification helps in identifying similar patents and assessing the competitive landscape[1].
Related Patents
Other patents in the same field may cover related compounds or therapeutic applications. For instance, patents related to COPD and asthma treatments could be relevant. Understanding these related patents is crucial for navigating potential infringement issues and identifying opportunities for further innovation[3].
Inventorship and Ownership
Determining the true and only inventors is a critical aspect of patent law. The inventors listed on the patent are those who conceived the idea and reduced it to practice. Ensuring accurate inventorship is vital for maintaining the enforceability of the patent[2].
Economic and Research Implications
The Patent Claims Research Dataset by the USPTO provides insights into patent allowance rates and the scope of patents. For patents like US7491736B2, understanding these metrics can help in assessing the patent's value and the likelihood of its approval and enforcement[3].
Statistical Insights
Studies on patent allowance rates, such as those using the USPTO's internal databases, indicate that the probability of receiving a patent can vary significantly based on factors like the technology field and the entity size of the applicant. For instance, the family allowance rate, which includes the outcomes of continuation applications, can provide a comprehensive view of a patent's success[4].
Industry Expert Perspectives
Industry experts often highlight the importance of precise claims and thorough inventorship disclosure. For example:
"A thorough job of invention disclosure can assure that a patent remains enforceable, regardless of challenge at a later date."[2]
Illustrative Statistics
- The first-action allowance rate for certain technology fields can be as low as 10%, while the family allowance rate can be significantly higher, indicating the importance of continuation procedures[4].
- As of June 30, 2013, 15.8% of progenitor applications resulted in at least one serialized continuation, highlighting the complexity of the patent examination process[4].
Key Takeaways
- Therapeutic Applications: The biphenyl compounds are designed to treat pulmonary disorders like COPD and asthma.
- Chemical Structure: The patent details specific biphenyl compounds with various functional groups.
- Side Effect Reduction: The compounds aim to minimize side effects associated with traditional muscarinic receptor antagonists.
- Claims: The patent includes independent and dependent claims that define the scope of protection.
- Patent Landscape: The patent is classified under specific categories and must distinguish itself from prior art.
- Inventorship: Accurate inventorship is crucial for the patent's enforceability.
- Economic Implications: Understanding patent allowance rates and scope metrics is vital for assessing the patent's value.
FAQs
Q: What are the primary therapeutic applications of the biphenyl compounds described in US7491736B2?
A: The primary therapeutic applications are the treatment of pulmonary disorders such as COPD and asthma.
Q: How do the biphenyl compounds reduce side effects compared to traditional muscarinic receptor antagonists?
A: The specific chemical structures and functional groups of the biphenyl compounds are designed to minimize side effects.
Q: What are the key classifications for this patent?
A: The patent is classified under C07D211/36 and C07D211/60, among others.
Q: Why is accurate inventorship important for this patent?
A: Accurate inventorship ensures that the patent remains enforceable and avoids legal challenges.
Q: What is the significance of the Patent Claims Research Dataset in the context of this patent?
A: The dataset helps in understanding patent allowance rates and the scope of patents, which can assess the value and enforceability of the patent.
Sources
- US7491736B2 - Biphenyl compounds useful as muscarinic receptor antagonists - Google Patents
- Determining Inventorship for US Patent Applications - Oregon State University
- Patent Claims Research Dataset - USPTO
- What Is the Probability of Receiving a US Patent? - Yale Journal of Law and Technology