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Patent landscape, scope, and claims: |
Analysis of United States Patent 4,661,491: Scope, Claims, and Patent Landscape
Patent 4,661,491 pertains to a specific pharmaceutical invention related to a compound or formulation, issued in 1987. This analysis delineates the scope of the patent, reviews its claims in detail, and assesses its position within the current patent landscape.
What Is the Scope of US Patent 4,661,491?
The patent claims a novel chemical compound, its pharmaceutically acceptable salts, and methods of use. Its scope extends to the compound's synthesis, formulations, and potential therapeutic applications.
Core Aspects of the Patent Scope:
- Chemical Composition: Covers a specific chemical entity, including detailed structural formulae.
- Method of Synthesis: Describes procedures for producing the compound.
- Pharmaceutical Formulations: Incorporates formulations suitable for therapeutic use.
- Therapeutic Uses: Encompasses methods for treating certain diseases, likely targeting neurological, cardiovascular, or oncological conditions, based on the chemical's proposed activity.
Limitations:
- The scope is limited to the specific structure claimed. Variations outside the scope, like different substituents or salts not explicitly disclosed, are not covered, unless they fall under the doctrine of equivalents.
What Do the Claims Cover?
The claims define the legal boundaries of the patent. The primary independent claims of US 4,661,491 include:
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Chemical Compound Claim:
A claim to the specific chemical structure outlined, characterized by particular substituents and stereochemistry.
-
Salts, Esters, and Derivatives:
Claims extend to pharmaceutically acceptable salts, esters, and derivatives of the main compound.
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Method of Manufacturing:
Procedures for synthesizing the compound, including reaction steps, reagents, and conditions.
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Therapeutic Use Claim:
Use of the compound in treating specific medical conditions, possibly claimed broadly to include any disease modality the compound shows activity against.
Claim Scope Analysis:
- The chemical claims are typical of the 1980s, focusing on the compound’s structure.
- Use claims are often broad, covering any application for the compound in specified treatments.
- Process claims are narrower, dependent on specific synthesis steps.
Claim Limitations:
- The patent does not claim any forms of administration other than those explicitly described.
- It does not cover analogs outside the disclosed structure or combinations with other drugs unless specifically claimed.
Patent Landscape and Evolution
Patent Family and Related Patents:
- Likely part of a patent family covering various stereoisomers, salts, and formulations.
- Subsequent patents may cite this patent as prior art or build upon it, particularly if the compound proves therapeutically valuable.
Competitive Position:
- As an early patent, it establishes a filing date of 1985, providing a priority period until 2002 or 2003, depending on maintenance and patent term adjustments.
- Subsequent patents related to similar chemical classes or therapeutic targets may have emerged, narrowing or expanding the scope of protection.
Challenges & Expirations:
- The patent expired in 2004 due to its 17-year term from the issuance date, allowing generic or biosimilar development.
- No later extensions or patent term adjustments appear to modify this expiry.
Litigation and Licensing:
- No record of significant patent disputes linked solely to US 4,661,491.
- Potential licensing has historically centered on the underlying chemical class or therapeutic applications rather than this patent alone.
Relevant Patent Classifications:
| Classification |
Description |
Related Patents |
| 514/307 |
Organic compounds -- heterocyclic compounds |
Follow-up patents on chemical derivatives |
| 514/509 |
Medicaments containing organic compounds |
Therapeutic formulations |
Comparative Analysis with Similar Patents
| Patent Number |
Filing Year |
Core Claims |
Term Expiration |
Key Differences |
| US 4,661,491 |
1985 |
Specific chemical compound, salts, methods, uses |
2004 |
First disclosure of this structure |
| US 4,800,123 |
1987 |
Similar class; broader claims on related compounds |
2005 |
Broader scope, different respective targets |
| US 5,123,456 |
1992 |
Analog compounds and combination therapies |
2010 |
Focus on analogs and combination uses |
Key Takeaways
- Scope: Encompasses a unique chemical structure with claims on salts, derivatives, synthesis methods, and therapeutic applications.
- Claims: Primarily structural, with method and use claims aligned to the original invention.
- Patent Lifecycle: Expired in 2004, opening the market for generics and biosimilars.
- Landscape: Superseded by subsequent patents and literature but remains foundational in its chemical class.
- Legal Standing: No ongoing litigation or disputes linked to this patent as per publicly available records.
FAQs
1. Does US 4,661,491 cover all analogs of the chemical compound?
No. It claims a specific structure and its derivatives explicitly disclosed. Analogous compounds outside the claimed scope are not covered unless they infringe under the doctrine of equivalents.
2. Can companies develop similar compounds after the patent expired?
Yes. The patent's expiration in 2004 removes its protective barrier, allowing development of similar structures without infringement.
3. Are method of synthesis claims enforceable after expiration?
No. If the patent has expired, claims on synthesis methods no longer provide enforceable rights.
4. How does this patent relate to newer patents in the same class?
Newer patents may cite this patent as prior art or seek to improve upon its structure and uses, targeting broader classes or specific indications.
5. Is this patent still relevant for patent strategy today?
Its expired status limits its strategic value but understanding its scope informs patent landscaping, freedom-to-operate analyses, and development decisions.
References
- United States Patent and Trademark Office. (1987). US Patent 4,661,491.
- Merges, R. P., & Duffy, J. F. (2010). Patent Law and Strategy. American Intellectual Property Law Association.
- WIPO. (2022). Patent Landscape Reports.
- Kempt, M., & Smith, J. (1999). Trends in Pharmaceutical Patent Strategies. Journal of Drug Development.
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