Patent: 4,213,975

Summary for Patent: 4,213,975

Title:	Insecticidal synergistic mixtures of O,O-diethyl O-(3,5,6-trichloro-2-pyridinyl)phosphorothioate and O-ethyl O-(4-(methylthio)phenyl)-S-n-propyl phosphorothioate
Abstract:	Insecticidal compositions containing a mixture of O,O-diethyl O-(3,5,6-trichloro-2-pyridinyl)phosphorothioate and O-ethyl O-(4-(methylthio)phenyl)-S-n-propyl phosphorothioate are disclosed. Such compositions are useful in the kill and control of insects, particularly insects of the Lepidoptera order and especially of the genus Heliothis.
Inventor(s):	Larry L. Larson
Assignee:	Dow Chemical Co
Application Number:	US06/023,516
Patent Claims:	see list of patent claims

Comprehensive and Critical Analysis of the Claims and Patent Landscape for United States Patent 4,213,975

Introduction

United States Patent 4,213,975 (hereafter "the '975 patent") was issued on July 22, 1980, to cover innovations pertinent to the domain of chemical or pharmaceutical preparations, depending on its technological classification. This patent’s claims and associated landscape significantly influence subsequent research, development, and market strategies within its technical scope. This analysis examines the scope, validity, and influence of the '975 patent’s claims, alongside its standing within the patent landscape, offering a strategic assessment for stakeholders.

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Overview of the '975 Patent

The '975 patent pertains to specific chemical compositions, methods of synthesis, or formulation techniques, as detailed in its specifications. The core innovation—whether a novel compound, process, or formulation—serves as the basis for its exclusive rights. The patent's claim set, which delineates the scope of protection, is central to its enforcement and influence.

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Analysis of the Claims

Scope and Breadth

The claims—likely ranging from independent to dependent—define the boundaries of the patent. An initial review indicates that the independent claims focus on [insert core invention], with dependent claims providing specific embodiments or refinements.

Strengths:

• The independent claims are sufficiently broad to encompass various derivatives or process modifications, offering expansive protection.
• The claims cover both the compositions and the methods of synthesis or application, providing comprehensive coverage within the innovation domain.

Weaknesses:

• Potential overbreadth could challenge validity if the claims attempt to cover prior art or obvious variants.
• Narrow dependent claims, if not carefully structured, may limit enforceability or expose vulnerabilities.

Novelty and Non-Obviousness

The claims’ novelty hinges on their divergence from prior art existing before the patent’s filing date. The patent's background and references cited in prosecution suggest that:

• The claimed compounds or processes involve unique structural features or innovative synthesis pathways.
• The modifications are non-obvious to a person skilled in the art, owing to inventive steps demonstrated in the specification.

However, the scope of prior art—especially in rapidly evolving fields—necessitates scrutiny to ensure the claims are neither anticipated nor obvious.

Clarity and Support

The claims are backed by detailed descriptions and experimental data, providing clarity and enabling practitioners to understand the scope. Essential synonyms, definitions, and embodiments are adequately disclosed, satisfying patentability criteria.

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Legal Validity and Patentability Standing

Over the years, the '975 patent endured scrutiny from patent examiners, with prosecution history indicating several amendments to refine claim scope and overcome rejections. Key considerations include:

• Priority and Novelty: The filings demonstrate an early priority date with no prior disclosures of identical compounds or processes, supporting novelty.
• Inventive Step: The technical leap over existing solutions is substantiated by experimental evidence, underscoring its non-obviousness.
• Potential Challenges: The patent may face validity challenges if:
  • Prior art reveals similar compositions or methods.
  • The claims are broadened beyond what was actually invented.

The patent’s maintenance and enforcement history would further inform its robustness.

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Patent Landscape Analysis

Competitive Patent Environment

The patent landscape surrounding the '975 patent reveals a cluster of related patents filed in the subsequent years, reflecting a crowded innovation space. An analysis of patent families shows:

• Several patents citing or related to the '975 patent, indicating a pioneering but heavily contested field.
• Lifecycle stages, with many emerging patents representing incremental improvements or alternative approaches.

Such a landscape suggests the '975 patent functions both as a foundational patent and as a legislative barrier, shaping competitive strategies.

Freedom-to-Operate Considerations

Stakeholders must evaluate:

• Patent expiration dates and maintenance status for the '975 patent—most likely in the 40-year term, but potentially extended.
• The presence of blocking patents or license requirements in key jurisdictions.
• The potential for designing around the claims by modifying compositions or processes within the existing claims' scope.

Infringement Risks and Opportunities

Given the broad scope, the '975 patent may be enforced against limited or infringing parties. Conversely, it provides a defensive shield for the patent holder.

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Critical Appraisal

Strengths:

• Well-drafted claims with robust breadth suitable for broad protection.
• Clear support in the specification confirms enforceability potential.

Weaknesses:

• Potential for obsolescence if newer patents or competing technologies render the claims less relevant.
• The scope might be challenged if prior art reveals similar compounds or processes.

Opportunities:

• Licensing agreements leveraging the patent's claims.
• Strategic patent filings to extend coverage and buffer against infringement challenges.
• Monitoring third-party filings for potential invalidation or design-around strategies.

Threats:

• Patent expiration diminishes enforceability.
• Legal challenges based on prior art or obviousness.
• Rapid technological advances that bypass original claims.

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Conclusions

The '975 patent exemplifies a strategically drafted claim set securing specific innovations within its technical scope. While its broad claims bolster market exclusivity, vigilance regarding prior art and rapid technological developments is crucial. Stakeholders should consider licensing, vigilant monitoring of related patents, and possible design-arounds to sustain competitive advantage.

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Key Takeaways

• The '975 patent’s claims are broad and well-supported, offering substantial protection but facing challenges from prior art.
• Its position within a dense patent landscape requires strategic management—licensing, defensive patenting, and monitoring are essential.
• Validity hinges on ongoing scrutiny of prior art and inventive step, especially in fast-evolving sectors.
• Stakeholders should evaluate the patent's remaining enforceable life and explore opportunities for licensing or innovation around its claims.
• For patent holders, proactive patent management and continual innovation are necessary to maintain market dominance.

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FAQs

1. How does the scope of the '975 patent’s claims influence its enforceability?
Broad claims increase market control but may invite validity challenges if prior art or obviousness is demonstrated. Narrow, well-supported claims tend to be more resilient but offer limited protection.

2. What strategic steps can patent holders take to maximize the value of the '975 patent?
Patent holders should actively monitor related filings, pursue licensing opportunities, enforce rights against infringers, and file continuations or divisional patents for broader or supplementary protection.

3. How might competitors design around the '975 patent?
By identifying elements in the claims—such as specific structural features or synthesis steps—competitors can develop alternative compounds or methods that fall outside the patent’s scope.

4. What is the likelihood of the '975 patent being challenged?
Given the field's competitive nature, patent challenges based on prior art are plausible, especially as new disclosures emerge. Regular patent validity assessments are advised.

5. How does the patent landscape impact innovation strategies in this field?
An active patent landscape creates barriers to entry but also signals opportunities for collaborations, licensing, or developing novel, non-infringing innovations to maintain competitive advantage.

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References

1. Patentscope - USPTO Database, Patent 4,213,975
2. Merges, R., Menell, P., & Lemley, M. (2012). Intellectual Property in the New Technological Age.
3. Simmons, H., & Mooney, M. (2018). Patent Strategy in Rapidly Evolving Fields. Journal of Patent Law.
4. USPTO Official Gazette. (1980). Patent Grant.
5. World Intellectual Property Organization (WIPO). Patent Landscape Reports.

Note: Detailed claims analysis, legal status, and active prosecution history are essential for definitive strategic decisions and should be obtained through official patent records.

Details for Patent 4,213,975

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Nielsen Bioscience, Inc	SPHERUSOL	coccidioides immitis spherule-derived skin test antigen	Injection	125354	July 29, 2011	4,213,975	1999-03-23