Understanding the Scope and Claims of United States Patent 9,765,028
Introduction
United States Patent 9,765,028, titled "Crystalline freebase forms of a biphenyl compound," is a patent that delves into the development and application of novel crystalline forms of a specific biphenyl compound. This patent is crucial for understanding advancements in pharmaceuticals, particularly in the treatment of pulmonary disorders.
Overview of the Patent
The patent, assigned to a pharmaceutical company, focuses on crystalline freebase forms of the biphenyl compound biphenyl-2-ylcarbamic acid 1-(2-[4-(4-carbamoylpiperidin-1-ylmethyl)benzoyl]methylaminoethyl)piperidin-4-yl ester. This compound is expected to be useful in treating pulmonary disorders such as chronic obstructive pulmonary disease (COPD) and asthma[4].
Claims of the Patent
The patent includes several key claims that define its scope and innovation:
Crystalline Freebase Forms
The patent describes multiple crystalline freebase forms of the biphenyl compound, each characterized by distinct powder x-ray diffraction patterns. For example, Form I and Form II of these crystalline freebase forms have been previously reported, but the current patent introduces new forms, such as Form III, which have different and particularly useful properties, including higher melting points[4].
Pharmaceutical Compositions
The patent covers pharmaceutical compositions that include these crystalline compounds or are prepared from them. These compositions are designed to treat pulmonary disorders effectively[4].
Methods of Preparation
The patent outlines processes for preparing these crystalline freebase forms, including methods for purifying the compound. These processes are critical for ensuring the quality and efficacy of the final pharmaceutical product[4].
Methods of Use
The patent includes claims related to the methods of using these crystalline compounds to treat COPD and asthma. It also describes methods for antagonizing muscarinic receptors in mammals, which is relevant to the therapeutic application of these compounds[4].
Patent Scope and Landscape
Patentable Subject Matter
The patentable subject matter in this case involves the novel crystalline forms of the biphenyl compound and their specific applications. The USPTO grants patents to those who invent patentable subject matter, and in this case, the inventors have identified new and useful forms of an existing compound[2].
Prior Art
The patent references prior art, such as U.S. Patent Publication No. 2005/0203133 to Mammen et al., which discloses similar biphenyl compounds. However, the current patent introduces new crystalline forms with distinct properties, distinguishing it from prior art[4].
Economic and Research Implications
The data on patent claims, such as those provided by the USPTO's Patent Claims Research Dataset, can offer insights into the scope and impact of patents like US 9,765,028. This dataset includes detailed information on claims from US patents and applications, which can help in understanding the broader patent landscape and the economic implications of such innovations[3].
Legal Considerations
Inventorship
Correctly determining the true and only inventors is crucial for the validity of a patent. Errors in inventorship, especially those made with deceptive intent, can render a patent unenforceable. The inventors listed in US 9,765,028 must be the actual contributors to the conception and reduction to practice of the invention[2].
Enforcement and Litigation
The enforceability of a patent like US 9,765,028 depends on its validity and the absence of any fraudulent activities during its application. The patent's scope and claims must be carefully defined to avoid potential litigation and ensure that the patent remains enforceable[2].
Future Implications and Potential Developments
Small Claims Patent Court
The concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could impact how patents like US 9,765,028 are litigated and enforced. A small claims court could provide a more streamlined and cost-effective way to resolve patent disputes, which could be beneficial for inventors and patent holders[5].
Continuous Innovation
The pharmaceutical industry is highly competitive and continuously evolving. Patents like US 9,765,028 drive innovation by protecting new discoveries and encouraging further research. The development of new crystalline forms and their applications can lead to improved treatments and better patient outcomes[4].
Key Takeaways
- Novel Crystalline Forms: The patent introduces new crystalline freebase forms of a biphenyl compound with distinct properties.
- Pharmaceutical Applications: These forms are designed to treat pulmonary disorders such as COPD and asthma.
- Methods of Preparation: The patent includes detailed processes for preparing and purifying these compounds.
- Legal Considerations: Correct inventorship and the absence of deceptive intent are crucial for the patent's validity.
- Future Implications: The patent landscape and potential litigation reforms, such as a small claims patent court, could impact the enforcement and innovation in this field.
FAQs
Q: What is the main subject matter of United States Patent 9,765,028?
A: The patent focuses on novel crystalline freebase forms of a biphenyl compound used in treating pulmonary disorders.
Q: How are the crystalline forms characterized in the patent?
A: The forms are characterized by distinct powder x-ray diffraction patterns and have different properties, such as higher melting points.
Q: What are the potential therapeutic applications of the compounds described in the patent?
A: The compounds are designed to treat chronic obstructive pulmonary disease (COPD) and asthma.
Q: Why is correct inventorship important for the validity of a patent?
A: Correct inventorship ensures that the patent is valid and enforceable, as errors or deceptive intent can render the patent unenforceable.
Q: How might a small claims patent court impact the enforcement of patents like US 9,765,028?
A: A small claims patent court could provide a more streamlined and cost-effective way to resolve patent disputes, benefiting inventors and patent holders.
Sources
- US9765028B2 - Crystalline freebase forms of a biphenyl compound - Google Patents
- Determining Inventorship for US Patent Applications - Oregon State University
- Patent Claims Research Dataset - USPTO
- U.S. Patent Small Claims Court - Administrative Conference of the United States (ACUS)
