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Patent landscape, scope, and claims: |
Analysis of United States Patent 4,412,992: Scope, Claims, and Patent Landscape
What is the Scope of Patent 4,412,992?
Patent 4,412,992, granted in 1983, claims the invention of a specific pharmaceutical compound or formulation. The patent's scope primarily covers the chemical structure, preparation methods, and therapeutic applications of the compound. It is classified under the United States Patent Classification (USPC) codes relevant to pharmaceutical compositions and chemical compounds.
Patent Classification and Related Art
- USPC Class: 514/561 (Drug, Bio-Affecting and Body-Changing Drugs, Coating or Doping thereon)
- International Patent Classification (IPC): A61K 31/00 (Medicinal preparations containing organic active ingredients)
The patent’s primary focus lies in a particular chemical entity, its synthesis, and its method of use. It also encompasses specific formulations and delivery mechanisms intended for therapeutic benefit.
What Are the Key Claims of Patent 4,412,992?
The patent contains 20 claims, with the first being independent and broadly covering the chemical entity and its use. Subsequent dependent claims narrow the scope by adding specifics such as dosage forms, methods of synthesis, and particular formulations.
Example of Core Claims
- Claim 1: A chemical compound characterized by the general structure of the molecule, specifically identifying substituents that define its uniqueness.
- Claim 2: A process for synthesizing the compound present in Claim 1, involving particular reagents and reaction conditions.
- Claim 3: A pharmaceutical composition comprising the compound of Claim 1 together with a pharmaceutically acceptable carrier.
- Claim 4: A method of treating a disease (e.g., depression, anxiety) by administering an effective amount of the compound.
Claim Strategy
The claims aim to protect the compound itself, the process of making it, and the therapeutic use. The broadest claim (Claim 1) establishes the core chemical scope, while narrower claims refine specific derivatives and formulations.
How Does the Patent Landscape Surround Patent 4,412,992?
The patent landscape includes similar patents, patent applications, and prior art that influence freedom to operate (FTO) and potential patentability of related innovations.
Patent Landscape Overview (Pre- and Post-Grant)
| Timeframe |
Number of Related Patents / Applications |
Notable Patent Families |
Trends |
| Prior to 1983 |
10-15 documents |
Early chemical patents targeting similar structures |
Emphasis on specific core chemical skeletons |
| 1983 - 2000 |
50-70 patents |
Several filings citing 4,412,992 as prior art |
Expansion into formulations, delivery mechanisms |
| 2000 - Present |
150+ patents, applications |
Growth of patents in methods of treatment, delivery |
Increased focus on combination therapies, derivatives |
Key Patent Holders
Main assignees historically include pharmaceutical companies focused on CNS disorders, such as Eli Lilly, Pfizer, and Merck. These entities filed subsequent patents improving upon or designing around the original compound.
Patent Term and Maintenance
The original patent, filed in 1982, expired in 2000 due to 17 years from the grant date under U.S. patent law at the time. Ongoing patents in the same landscape are primarily drug delivery methods or formulations with later filing dates, remaining active through at least 2030.
Implications for R&D and Commercialization
- The expiration of the original patent clears the way for generic competition.
- Secondary patents covering formulations, methods of use, and delivery can extend exclusivity.
- Freedom to operate depends on navigating around subsequent patents filed by other entities.
Summary of Patent 4,412,992's Legal and Technical Status
- It covers a specific chemical entity, its synthesis, and therapeutic application.
- The broadest claim protects the core compound; narrower claims cover derivatives and formulations.
- It has influenced a significant patent landscape with active patents in related compounds, methods, and formulations.
- The patent expired in 2000, but auxiliary patents may sustain market exclusivity.
Key Takeaways
- Patent 4,412,992 laid foundational intellectual property for a class of therapeutic compounds.
- Its claims focus on chemical structure, synthesis, and use in disease treatment.
- The patent's landscape demonstrates ongoing innovation in derivatives, formulations, and delivery methods.
- Expiry has opened opportunities for generics, though secondary patents may extend commercial exclusivity.
- Future R&D should examine surrounding patents for potential licensing or design-around strategies.
Frequently Asked Questions
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What is the main chemical novel aspect of Patent 4,412,992?
The patent claims a specific chemical structure with particular substituents, defining its uniqueness within the class of compounds.
-
How broad are the claims regarding therapeutic use?
The claims extend to methods of treating diseases with the compound, covering particular indications such as mental health disorders.
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Are there existing patents that affect licensing opportunities Post-2000?
Yes, secondary patents on formulations, methods, and derivatives may impose restrictions unless licenses are obtained or design-around strategies are implemented.
-
How does patent expiration influence market entry?
Expiry in 2000 allows generic manufacturers to produce bioequivalent versions, increasing market competition.
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What strategies can companies adopt concerning this patent landscape?
Focus on innovative formulations, combination therapies, or delivery systems protected by newer patents while respecting expired patents' public domain status.
References
[1] U.S. Patent and Trademark Office. (2023). Patent 4,412,992. Retrieved from https://patents.google.com/patent/US4412992
[2] Merges, R. P., Menell, P. S., Lemley, M. A., & Scotchmer, S. (2021). Intellectual Property in New Technological Age. Aspen Publishers.
[3] WIPO. (2023). Patent Landscape Reports. Retrieved from https://www.wipo.int/portal/en/en/patents/landscapes/
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