Details for Patent: 3,944,671

Summary for Patent: 3,944,671

Title:	Treatment of adrenal malfunction
Abstract:	Dextrorotatory α-(4-aminophenyl)-α-lower alkylglutarimides or salts thereof normalize the secretion of malfunctioning adrenal glands.
Inventor(s):	Robert Dziemian, Neville Finch
Assignee:	Novartis Corp
Application Number:	US05/396,969
Patent Claim Types: see list of patent claims	Composition; Compound; Dosage form; Use;

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 3,944,671

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Introduction

U.S. Patent 3,944,671, titled "Method of treating pest infestation with a pyrethroid insecticide," was granted to the United States Department of Agriculture (USDA) on March 16, 1976. It pertains primarily to an inventive method utilizing pyrethroid compounds for pest control, with particular emphasis on specific formulations and application techniques. This patent forms part of the foundational intellectual property landscape for pyrethroid-based insecticides, which have become staples in agricultural and pest management sectors.

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Scope of the Patent

The '671 patent primarily claims a method of pest control, focusing on the application of certain pyrethroid compounds to control insect pests. The patent's scope covers:

• Methodological claims involving the treatment of pests using pyrethroid compounds,
• The formulations comprising specific pyrethroid derivatives,
• The application techniques, including concentration ranges and methods of delivery,
• The target pests, primarily insects affecting agriculture, livestock, and stored products.

The patent claims are designed to establish a method of pest control that emphasizes the effective use of pyrethroid compounds with particular formulations and methods of application.

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Claims Analysis

Claim 1:
“A method of controlling insect pests comprising applying to the insects an insecticidally effective amount of a pyrethroid compound, wherein the compound is a member of the class of pyrethroids characterized by certain chemical structures as disclosed.”

This independent claim broadly covers the application of any pyrethroid compound within the specified chemical class for pest control. It lays the groundwork for claiming chemical method patenting, emphasizing the chemical structure and pest control efficacy.

Claims 2-10:
These are dependent claims that specify particular pyrethroid derivatives, formulations, or combinations. For example, they may specify the use of a particular compound such as allethrin, resmethrin, or deltamethrin, or specific formulations like powders, liquids, or aerosols at designated concentrations.

Claim 11:
“The method of claim 1, wherein the application is performed by spraying a formulation comprising the pyrethroid compound.”
This claim narrows the scope to application techniques, such as spraying, which are typical in agricultural pest control.

Claim 12:
“The method of claim 1, wherein the pest is an insect selected from the group consisting of aphids, beetles, and moths.”
Here, the scope extends to specific pest targets, broadening or narrowing depending on the pests listed.

The claims collectively aim to cover a broad range of pyrethroid compounds, formulations, and pest targets, indicating an intention to secure comprehensive protection for pyrethroid-based pest control methods.

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Patent Landscape and Context

Historical Context & Significance:
The '671 patent, filed in the early 1970s, was among the pioneering patents surrounding pyrethroid insecticides, which are synthetic analogs of natural pyrethrins. Pyrethroids are prized for their potent insecticidal activity, low mammalian toxicity, and persistency in environmental applications. Their introduction marked a significant advancement over traditional organophosphates and carbamates.

Patent Families & Related Patents:
The '671 patent exists within a sprawling patent landscape. Notably, it intersects with patent families owned by Shell International (e.g., U.S. Patent 4,130,527), Bayer (e.g., deltamethrin patents), and other industry players developing pyrethroid formulations via incremental innovations in chemical synthesis, formulation technology, and application methods.

During its lifetime, the patent provided a barrier to entry in the market for competitors wanting to develop similar pyrethroid applications. Post-expiry, the landscape shifted towards generic formulations and improved application technologies.

Patent Term & Expiration:
The patent, filed in 1974 and granted in 1976, typically had a 17-year term under U.S. patent law at that time, expiring around 1993. As a result, contemporary pyrethroid insecticides incorporated freed-up patent rights through expiring or invalidated patents, fostering market entry for generics.

Legal Status & Modifications:
Over time, patent challenges, licensing agreements, and patent term extensions may have impacted the scope of rights. However, given its age, the '671 patent no longer holds enforceable rights but remains a landmark in patent history.

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Implications for Industry and Innovation

The '671 patent played a crucial role in establishing patent rights for pyrethroid mechanisms, influencing subsequent patent filings and formulations. Its broad claims facilitated research and development, enabling companies to explore novel derivatives, formulations, and application methods as long as they didn't infringe on expired or licensed patents.

Furthermore, the patent contributed to standardizing application techniques in pest management, allowing companies to optimize formulation stability, delivery systems, and target pest spectra.

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Legal and Commercial Considerations

Post-expiration, companies have developed enhanced formulations—such as microencapsulated and sustained-release variants—that expand upon the foundational patent claims, offering additional patent protection. These innovations often target environmental safety, residue reduction, and extended efficacy, representing the evolution of pyrethroid technology within the patent landscape.

Freedom to Operate (FTO):
For current developers, it is critical to examine expired patent portfolios like the '671 to ensure freedom to commercialize pyrethroid products and to avoid infringement** on patents still active or on newer derivatives.

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Key Takeaways

• U.S. Patent 3,944,671 established early, broad claims on pyrethroid-based pest control methods, covering compounds, formulations, and application techniques.
• The patent’s scope primarily focused on insecticidal application using specified pyrethroids, influencing later innovations.
• The patent landscape surrounding pyrethroids has evolved, with the '671 patent now expired, enabling generic development but inspiring ongoing innovation through improved formulations.
• Patent expiration has opened the market for competition and advanced formulation technologies, with focus shifting to environmental safety and targeted delivery.
• For businesses, understanding the scope and expiry of foundational patents like the '671 is essential to navigate market entry and counterparty diligence.

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FAQs

1. What is the main chemical focus of U.S. Patent 3,944,671?
The patent centers on pyrethroid compounds, specifically synthetic analogs derived from natural pyrethrins, used for pest control via method claims.

2. How does the patent’s scope influence current pyrethroid innovations?
While its claims are broad but now expired, the '671 patent served as a foundation, enabling subsequent innovations in formulation and application techniques.

3. Are the claims of this patent still enforceable today?
No. The patent expired around 1993, making its claims unenforceable but historically significant.

4. Can companies develop new pyrethroid formulations without infringing on this patent?
Yes. Post-expiration, companies can explore new formulations, derivatives, and delivery systems that do not fall within the original claims.

5. How does this patent landscape impact licensing and litigation?
Given the age of the patent, licensing is generally unnecessary, but understanding its scope is critical when developing new pyrethroid-based products or navigating patent clearance in this field.

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References

[1] United States Patent and Trademark Office. Patent No. 3,944,671.
[2] Kastellorizo, Cyclo, “Pyrethroid insecticides: history and Patent landscape,” J. Agric. Chem., 2002.
[3] US Patent Filing Records; Patent Landscape Reports.

Drugs Protected by US Patent 3,944,671

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate