Understanding the Scope and Claims of United States Patent 8,476,413
Introduction
United States Patent 8,476,413, titled "Sulfanyl-tetrahydropyran-based compounds and methods of their use," is a patent that covers specific chemical compounds and their applications. This article will delve into the details of the patent's scope, claims, and the broader patent landscape.
Patent Overview
The patent, issued on July 2, 2013, pertains to sulfanyl-tetrahydropyran-based compounds, which are a class of molecules used in various pharmaceutical applications, particularly as inhibitors of the sodium-glucose cotransporter 2 (SGLT2). These compounds are significant in the treatment of diabetes and other metabolic disorders[1].
Claims of the Patent
The claims section of a patent is crucial as it defines the scope of the invention. Here are some key points about the claims in US Patent 8,476,413:
Claim Structure
The patent contains multiple claims, each carefully crafted to define the invention's boundaries. The claims are typically broad enough to cover the invention but not so broad as to encompass prior art. This balance is essential to ensure the patent's validity and enforceability[2].
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims. This structure helps in narrowing down the scope of the invention and providing additional specificity[2].
Claim Language
The language used in the claims is precise and technical, reflecting the complex nature of the chemical compounds described. For example, the claims might specify particular moieties, such as linked phenyl-carbocycle moieties, and their optional substitutions[1].
Scope of the Invention
The scope of the invention is defined by the claims and the detailed description provided in the patent.
Chemical Compounds
The patent focuses on sulfanyl-tetrahydropyran-based compounds, detailing their synthesis, structure, and properties. These compounds are designed to inhibit SGLT2, a protein involved in glucose reabsorption in the kidneys, making them valuable in the treatment of diabetes[1].
Methods of Use
In addition to the compounds themselves, the patent also covers methods of their use. This includes pharmaceutical compositions containing these compounds and their administration for therapeutic purposes. The methods section provides insights into how these compounds can be used effectively in clinical settings[1].
Patent Landscape
Understanding the broader patent landscape is crucial for assessing the significance and potential impact of US Patent 8,476,413.
Prior Art
The patent must differentiate itself from prior art to be considered novel and nonobvious. The claims and description sections ensure that the invention is distinct from existing knowledge in the field. This differentiation is a key factor in the patent's validity and enforceability[5].
Related Patents
The patent landscape for SGLT2 inhibitors is competitive, with multiple patents covering various aspects of these compounds. US Patent 8,476,413 must be considered in the context of these related patents to understand its unique contributions and the boundaries of its protection[1].
Litigation and Licensing
Patents in the pharmaceutical sector are often subject to litigation and licensing agreements. The scope and claims of US Patent 8,476,413 would be critical in any legal disputes or negotiations regarding the use of these compounds. Narrower claims can sometimes lead to a shorter examination process and higher grant probabilities, as seen in other patent analyses[3].
Consequences of Disclosed but Unclaimed Inventions
It is important to note that inventions disclosed in the patent but not claimed can become public domain. This highlights the importance of ensuring that all valuable aspects of the invention are properly claimed to maintain intellectual property rights[2].
Cost and Commercialization
The process of obtaining and maintaining a patent is costly. For a patent like US 8,476,413, the costs can range from $30,000 to much higher, especially if international patents are sought. Commercial partners often play a significant role in covering these costs, especially if there is a reasonable likelihood of recovering these expenses through future commercialization[5].
Key Takeaways
- Claims Define Scope: The claims section of the patent is crucial in defining the invention's boundaries.
- Chemical Compounds: The patent focuses on sulfanyl-tetrahydropyran-based compounds and their use as SGLT2 inhibitors.
- Methods of Use: The patent covers not only the compounds but also their methods of use in pharmaceutical compositions.
- Patent Landscape: The patent must be considered within the broader landscape of related patents and prior art.
- Cost and Commercialization: Obtaining and maintaining a patent is a costly process, often supported by commercial partners.
FAQs
Q: What is the main subject of US Patent 8,476,413?
A: The main subject is sulfanyl-tetrahydropyran-based compounds and their use as SGLT2 inhibitors.
Q: Why are the claims in a patent important?
A: The claims define the scope of the invention and are crucial for determining the patent's validity and enforceability.
Q: What happens to inventions disclosed but not claimed in a patent?
A: Inventions disclosed but not claimed in a patent can become public domain, losing intellectual property protection.
Q: How much does it typically cost to obtain and maintain a patent like US 8,476,413?
A: The costs can range from $30,000 to much higher, depending on factors like international filings and prosecution costs.
Q: Why is it important to consider the patent landscape when evaluating a patent?
A: Understanding the broader patent landscape helps in assessing the patent's significance, potential impact, and unique contributions.
Sources
- US Patent 8,476,413 - Sulfanyl-tetrahydropyran-based compounds and methods of their use.
- Loss of Patent Rights—Inventions That Are Disclosed But Not Claimed - TMS.
- Patent Claims and Patent Scope - SSRN.
- U.S.C. Title 35 - PATENTS - GovInfo.
- Intellectual Property Protection - KU Office of Research.
