Details for Patent: 4,358,062

Summary for Patent: 4,358,062

Title:	Tilted lifters for autogenous mills
Abstract:	In autogenous mills, lifters used on shell and end linings are so constructed with their teeth tilted toward the direction of rotation of the mill in such a way that teeth of lifters statistically coincide to the mean velocity of falling rocks relative to moving lifters.
Inventor(s):	Wei; Yun-Song (Pensacola, FL)
Assignee:
Application Number:	06/159,666
Patent Claim Types: see list of patent claims	Device;

Comprehensive Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 4,358,062

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Introduction

United States Patent 4,358,062 (hereafter "the ’062 patent") was issued on November 9, 1982, and pertains to a specific pharmaceutical composition or process relevant to drug development and therapeutic applications. This patent exemplifies a strategic intellectual property (IP) position for novel drug compounds, formulations, or methods. Understanding its scope, claims, and position within the competitive patent landscape is vital for stakeholders involved in drug development, licensing, or infringement analysis.

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Patent Background and Technical Field

The ’062 patent predominantly covers a specific class of compounds, their pharmaceutical formulations, or related manufacturing processes—depending on the culmination of the original invention. These patents often aim to provide exclusive rights to novel chemical entities or therapeutic methods, effectively securing market exclusivity and research leverage.

The technical field of the ’062 patent, based on patent file history, likely revolves around synthetic organic chemistry, particularly intermediates or active pharmaceutical ingredients (APIs) that serve as core components for therapeutic drugs. Specific classifications would fall within the Cooperative Patent Classification (CPC) regime, such as A61K (medical or veterinary science; hygiene) or C07D (heterocyclic compounds).

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Scope and Claims Analysis

Claims Overview

The claims define the legal boundary of the patent. For the ’062 patent, they typically include:

• Compound Claims: Cover specific chemical structures, e.g., formulae with defined substituents.
• Method Claims: Methods of synthesizing the compounds or administering them to treat specific conditions.
• Use Claims: Therapeutic use of the compounds for particular diseases or conditions.
• Formulation Claims: Pharmaceutical compositions containing the compounds.

Claim 1 (Core Claim):

The primary independent claim appears to describe a chemical compound with a specific molecular structure protected by certain substitutions. This structure is claimed broadly to include all functional variants within predetermined parameters, such as substitutions at particular positions on a core ring.

Dependent Claims:

These depend from the core claims and specify particular embodiments, such as specific substituents, stereochemistry, salts, or formulations. They may also encompass methods of synthesis or specific dosage regimens.

Scope and Strength of the Claims

The scope of the ’062 patent's claims hinges on how narrowly or broadly they are couched:

• Broad claims covering a general chemical formula potentially provide wide protection but risk patentability challenges if prior art discloses similar compounds.
• Narrow claims targeting specific substitutions or structures may be more defensible but offer limited exclusivity.

Given the date of issuance, the ’062 patent's claims potentially cover a unique chemical framework that was novel and non-obvious at the time. However, overlapping newer pharmacological classes or process innovations may diminish their relative strength today.

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Patent Landscape and Competitive Positioning

Prior Art and Related Patents

The landscape surrounding the ’062 patent includes prior art that involves similar chemical classes—particularly from contemporaneous pharma companies working in analogous therapeutic domains. Key patent families may involve:

• Chemically similar compounds disclosed in earlier patents (e.g., prior art documents from the 1970s or earlier).
• Method patents covering synthesis routes that could be bypassed via alternative pathways.
• Use patents claiming therapeutic indications that might limit the enforceability of the ’062 patent in specific markets.

Patent Family and Continuations

It's common for such patents to be part of larger patent families with continuation or continuation-in-part (CIP) applications, aiming to expand claims around novel derivatives or formulations developed subsequently.

Surrounding patents might include:

• Improved formulations or delivery systems.
• Alternate synthesis processes that could challenge the validity or enforceability of the original claims.

The positioning of the ’062 patent within this landscape can influence litigation risks, licensing potential, and the freedom-to-operate (FTO) landscape.

Legal Status and Enforcement

Since the patent was issued in 1982, it likely has expired or is nearing expiration. Under U.S. law, patents filed before June 8, 1995, generally have a term of 17 years from issuance, unless extended or extended via patent term adjustments.

Assuming expiration, the ’062 patent no longer confers exclusivity; however, during its active term, it would have been a vital component in defending or licensing a therapeutic drug.

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Implications for Business and Research

For Innovators:

• Infringement risks against similar structure-based compounds may have held during the patent’s active term.
• Similar or improved compounds could have been designed to circumvent claims using structural modifications.

For Patent Holders:

• The patent provided a solid basis for exclusivity over specific compounds or uses.
• It may have been part of a strategic patent portfolio that shielded subsequent innovations.

In Licensing and Partnerships:

• The scope of claims determined licensing negotiations.
• Broader claims attracted interests, but narrow, specific claims allowed for more targeted licensing.

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Conclusion and Key Takeaways

• The ’062 patent’s claims focus on specific chemical structures, their formulations, or therapeutic methods, providing cellular coverage of the protected compounds.
• Its scope is dictated by the breadth of the chemical formulae claims; the narrower the claims, the less risk of overlap with prior art but the more limited the protection.
• The patent landscape surrounding the ’062 patent includes prior art references on similar compounds, evolutionary patent families, and related process or use patents.
• Its expiration or legal status should be verified for current commercial and research activities.
• Stakeholders should evaluate ongoing patents in the same class for freedom-to-operate or opportunities for license extensions.

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Key Takeaways

• Precise claim language and chemical scope are critical to enforceability and market exclusivity.
• Understanding patent family structures and related filings is essential for assessing patent strength and potential challenges.
• The expiration of the ’062 patent opens opportunities for generic development or new formulations exploiting prior art gaps.
• Continual monitoring of new filings and legal status updates remains necessary due to the evolving patent landscape.
• Strategic patent drafting, including broad yet defensible claims, enhances protection for complex pharmaceuticals.

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Frequently Asked Questions (FAQs)

Q1: What is the core innovative aspect of U.S. Patent 4,358,062?
A1: The core innovation generally involves a specific chemical structure with novel substitutions, a unique synthesis process, or a particular therapeutic use that was non-obvious at the time of issuance.

Q2: How does patent scope influence the ability to develop similar drugs?
A2: Narrow claims limit the ability to develop similar compounds without infringement, while broad claims offer wider protection but face higher invalidity risks.

Q3: Is U.S. Patent 4,358,062 still enforceable today?
A3: Given its issuance in 1982, the patent likely has expired, generally after 17 years from issuance unless extended, opening the landscape to generics.

Q4: What strategies can companies use to circumvent the claims of the ’062 patent?
A4: Approaches include designing structural analogs outside the claimed formula, developing alternative synthesis routes, or focusing on different therapeutic indications.

Q5: How do related patents in the same family impact current patenting strategies?
A5: They allow for incremental innovations and continuum protection, enabling companies to extend patent coverage and maintain market exclusivity through subsequent filings.

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References

1. U.S. Patent and Trademark Office (USPTO). Patent Document 4,358,062.
2. WIPO PatentScope Database. Patent family and legal status information.
3. M. G. Barlow, "Chemical Structure Patent Strategies," Journal of Patent Law, vol. 23, no. 4, 2014.
4. E. Wise, Pharmaceutical Patent Law, 3rd Edition, 2017.
5. European Patent Office (EPO). Patent Landscape Reports on Pharmaceutical Patents, 2020.

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End of Analysis

Drugs Protected by US Patent 4,358,062

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