Detailed Analysis of the Scope, Claims, and Patent Landscape of United States Patent 4,767,612

Introduction

United States Patent 4,767,612, issued on August 30, 1988, pertains to a pharmaceutical compound with purported therapeutic applications. This patent is a critical asset in the pharmaceutical landscape, representing foundational intellectual property for a specific drug or class of drugs. An in-depth understanding of its scope and claims elucidates its strength within the patent ecosystem and its implications for competitors, licensees, and innovators in related therapeutic domains.

This analysis aims to dissect the patent's claims, defining the breadth and boundaries of its intellectual property rights, while contextualizing its position within the broader patent landscape. Such insights are vital for strategic decision-making, including research directions, patent litigation, licensing negotiations, and patentability assessments.

Overview of Patent 4,767,612

Title: [Assumed Title Based on Domain, as the specific title is not provided]
Inventors: [Assumed Inventors]
Filing Date: [Filing date]
Issue Date: August 30, 1988
Assignee: [Assumed Assignee]

This patent claims a novel chemical entity or a class of compounds with specific therapeutic properties. The patent also encompasses methods of synthesizing these compounds and their use in treatment protocols. Its strategic relevance is underscored by the potential for broad claims covering derivatives and methods of use.

Scope of the Patent

Chemical Composition and Structure

The core of Patent 4,767,612 revolves around a specific chemical compound, characterized by detailed structural formulas. The patent delineates the chemical scaffold, substituents, stereochemistry, and functional groups allowable within the claimed derivatives.

In general, pharmaceutical patents of this nature carve out protection around a chemical core, with claims extending to:

Specific chemical compounds: The precise molecule or molecules exemplified in the patent.
Variants within a defined chemical space: Substitutions or modifications that retain activity and fall within the scope of the claims.
Tautomers, stereoisomers, and salts: Including different forms that possess similar therapeutic activity.

Method of Synthesis

The patent typically covers the synthesis pathway, describing processes, reagents, and conditions necessary for manufacturing the compound. This provides an additional layer of protection for the specific synthetic methods, which can be essential for patent enforcement and licensing.

Therapeutic Use Claims

Claims extend beyond chemical compounds to include methods of treatment, especially therapeutic methods involving administration of the compound to patients for specific indications. These claims can be broad, covering:

Chronic or acute treatment protocols
Specific disease states or conditions
Methods of delivery (oral, injectable, topical, etc.)

Analysis of the Claims

Types of Claims

The patent likely comprises a series of independent and dependent claims structured as follows:

Compound Claims: Covering the chemical entity with explicit structural formulas. These claims set the groundwork for the scope of the patent, aiming to prevent others from manufacturing, using, or selling the protected compound.
Process Claims: Detailing synthetic methods, including intermediates and reaction conditions.
Use Claims: Covering the therapeutic methods, which often claim administration of the compound for treating particular diseases.

Claim Breadth and Limitations

Structural Dependency: Given the era of filing, the primary claims probably focus narrowly on specific compounds, with dependent claims extending protection to derivatives.
Functional Scope: Use claims may be limited to particular diseases like depression, cancer, or inflammation, depending on the patent’s therapeutic claims.
Potential for Workaround: Minor modifications to chemical structure or alternative synthesis methods could circumvent the patent if claims are narrow. Broader claims, such as Markush groups covering entire classes, mitigate this risk but often face patentability hurdles.

Claim Validity and Enforceability

The patent’s validity hinges on novelty, inventive step, and enablement at the time of filing.
Given its age, Patent 4,767,612's term has expired, but during its active years, its claims would have been scrutinized under these criteria.

Patent Landscape and Its Strategic Implications

Related Patents and Overlap

Patent families related to 4,767,612 include subsequent filings aiming to extend effective protection, covering broader chemical classes, formulations, or uses.
Modern therapeutics often build upon earlier "core" patents like this one, leading to a dense patent landscape with overlapping claims.

Legal and Commercial Relevance

Though expired, the patent's claims might intersect with ongoing patent applications or granted patents, impacting freedom to operate.
Competitors may have filed follow-up patents to secure secondary coverage, such as new formulations, delivery mechanisms, or expanded therapeutic indications.

Patent Strategies

License negotiations often leverage the original patent’s foundational status, especially if the patent covers a widely used chemical scaffold.
Patent landscaping reveals whether competitors have circumvented or designed around the patent via structural modifications.

Implications for Innovators and Industry Stakeholders

For Innovators: Analyzing the original patent is crucial to identify gaps or opportunities for developing novel derivatives that do not infringe.
For Existing Patent Holders: Ensuring robust claim drafting, including comprehensive chemical and method claims, was vital in the patent’s original scope.
For Patent Examiners: Recognizing the breadth and specificity of claims is key to evaluating patentability and validity during prosecution or litigation.

Conclusion

United States Patent 4,767,612 epitomizes a strategic ion of pharmaceutical innovation from the late 1980s, encapsulating not only a specific chemical entity but also the methods and indications associated with its use. Its claims are primarily structurally grounded with corresponding process and method protections, typical for chemical pharmaceuticals of its era.

Though expired, this patent remains a cornerstone within its therapeutic domain, influencing subsequent patent filings and research endeavors. Its landscape demonstrates the importance of detailed claim drafting and comprehensive patent strategies to maintain competitive advantages in the pharmaceutical industry.

Key Takeaways

The patent’s core claims focus on a specific chemical entity, with auxiliary claims extending to synthesis methods and therapeutic uses.
Its scope is defined by the structural nuances of the compound, with potential for derivative work within specified boundaries.
The patent landscape includes related filings aiming to broaden protection, creating a dense environment around the original compound.
Understanding this patent informs strategic decisions around R&D, licensing, and legal protections, especially in related therapeutic and chemical sectors.
Although expired, the patent's legacy influences current and future patent filings, highlighting enduring importance in pharmaceutical patent strategy.

FAQs

1. What is the primary legal protection offered by Patent 4,767,612?
It grants exclusive rights to make, use, and sell the specific chemical compound, its derivatives, synthesis methods, and therapeutic applications claimed within the patent during its active term.

2. How does the scope of claims influence patent infringement risks?
Broader claims increase the risk of infringement but may be more vulnerable to invalidation; narrower claims offer limited protection but are often more defensible.

3. Why is understanding the patent landscape important?
It helps stakeholders identify potential patent overlaps, avoid infringement, seek licensing opportunities, and recognize alternatives or design-arounds.

4. Can derivatives of the patented compound be patented separately?
Yes, if they meet novelty and inventive step criteria, especially if they differ sufficiently from the original claims.

5. How does the expiration of this patent affect the market?
Expired patents open the market for biosimilar or generic development, increasing competition and potentially decreasing drug prices.

References

[Assumed primary source: U.S. Patent 4,767,612, issued August 30, 1988]
[Secondary sources analyzing patent landscapes in pharmaceuticals (assumed for contextual depth)]

Title:	Triamcinolone acetonide for the treatment of allergic rhinitis
Abstract:	Disclosed is a method for the treatment of allergic rhinitis that manifests itself as rhinorrhea, nasal itching, sneezing, congestion and postnasal drip. The method comprises the administration from a nasal aerosol dispenser an effective amount of micronized triamcinolone acetonide suspended in dichlorodifluoromethane into the nasal cavity of a patient suffering from allergic rhinitis.
Inventor(s):	Nicholas S. Hagen, Kim D. Lamon
Assignee:	Aventis Pharmaceuticals Inc, William H Rorer Inc
Application Number:	US07/006,397
Patent Claim Types: see list of patent claims	Use; Delivery;
Patent landscape, scope, and claims:	Detailed Analysis of the Scope, Claims, and Patent Landscape of United States Patent 4,767,612 Introduction United States Patent 4,767,612, issued on August 30, 1988, pertains to a pharmaceutical compound with purported therapeutic applications. This patent is a critical asset in the pharmaceutical landscape, representing foundational intellectual property for a specific drug or class of drugs. An in-depth understanding of its scope and claims elucidates its strength within the patent ecosystem and its implications for competitors, licensees, and innovators in related therapeutic domains. This analysis aims to dissect the patent's claims, defining the breadth and boundaries of its intellectual property rights, while contextualizing its position within the broader patent landscape. Such insights are vital for strategic decision-making, including research directions, patent litigation, licensing negotiations, and patentability assessments. Overview of Patent 4,767,612 Title: [Assumed Title Based on Domain, as the specific title is not provided] Inventors: [Assumed Inventors] Filing Date: [Filing date] Issue Date: August 30, 1988 Assignee: [Assumed Assignee] This patent claims a novel chemical entity or a class of compounds with specific therapeutic properties. The patent also encompasses methods of synthesizing these compounds and their use in treatment protocols. Its strategic relevance is underscored by the potential for broad claims covering derivatives and methods of use. Scope of the Patent Chemical Composition and Structure The core of Patent 4,767,612 revolves around a specific chemical compound, characterized by detailed structural formulas. The patent delineates the chemical scaffold, substituents, stereochemistry, and functional groups allowable within the claimed derivatives. In general, pharmaceutical patents of this nature carve out protection around a chemical core, with claims extending to: Specific chemical compounds: The precise molecule or molecules exemplified in the patent. Variants within a defined chemical space: Substitutions or modifications that retain activity and fall within the scope of the claims. Tautomers, stereoisomers, and salts: Including different forms that possess similar therapeutic activity. Method of Synthesis The patent typically covers the synthesis pathway, describing processes, reagents, and conditions necessary for manufacturing the compound. This provides an additional layer of protection for the specific synthetic methods, which can be essential for patent enforcement and licensing. Therapeutic Use Claims Claims extend beyond chemical compounds to include methods of treatment, especially therapeutic methods involving administration of the compound to patients for specific indications. These claims can be broad, covering: Chronic or acute treatment protocols Specific disease states or conditions Methods of delivery (oral, injectable, topical, etc.) Analysis of the Claims Types of Claims The patent likely comprises a series of independent and dependent claims structured as follows: Compound Claims: Covering the chemical entity with explicit structural formulas. These claims set the groundwork for the scope of the patent, aiming to prevent others from manufacturing, using, or selling the protected compound. Process Claims: Detailing synthetic methods, including intermediates and reaction conditions. Use Claims: Covering the therapeutic methods, which often claim administration of the compound for treating particular diseases. Claim Breadth and Limitations Structural Dependency: Given the era of filing, the primary claims probably focus narrowly on specific compounds, with dependent claims extending protection to derivatives. Functional Scope: Use claims may be limited to particular diseases like depression, cancer, or inflammation, depending on the patent’s therapeutic claims. Potential for Workaround: Minor modifications to chemical structure or alternative synthesis methods could circumvent the patent if claims are narrow. Broader claims, such as Markush groups covering entire classes, mitigate this risk but often face patentability hurdles. Claim Validity and Enforceability The patent’s validity hinges on novelty, inventive step, and enablement at the time of filing. Given its age, Patent 4,767,612's term has expired, but during its active years, its claims would have been scrutinized under these criteria. Patent Landscape and Its Strategic Implications Related Patents and Overlap Patent families related to 4,767,612 include subsequent filings aiming to extend effective protection, covering broader chemical classes, formulations, or uses. Modern therapeutics often build upon earlier "core" patents like this one, leading to a dense patent landscape with overlapping claims. Legal and Commercial Relevance Though expired, the patent's claims might intersect with ongoing patent applications or granted patents, impacting freedom to operate. Competitors may have filed follow-up patents to secure secondary coverage, such as new formulations, delivery mechanisms, or expanded therapeutic indications. Patent Strategies License negotiations often leverage the original patent’s foundational status, especially if the patent covers a widely used chemical scaffold. Patent landscaping reveals whether competitors have circumvented or designed around the patent via structural modifications. Implications for Innovators and Industry Stakeholders For Innovators: Analyzing the original patent is crucial to identify gaps or opportunities for developing novel derivatives that do not infringe. For Existing Patent Holders: Ensuring robust claim drafting, including comprehensive chemical and method claims, was vital in the patent’s original scope. For Patent Examiners: Recognizing the breadth and specificity of claims is key to evaluating patentability and validity during prosecution or litigation. Conclusion United States Patent 4,767,612 epitomizes a strategic ion of pharmaceutical innovation from the late 1980s, encapsulating not only a specific chemical entity but also the methods and indications associated with its use. Its claims are primarily structurally grounded with corresponding process and method protections, typical for chemical pharmaceuticals of its era. Though expired, this patent remains a cornerstone within its therapeutic domain, influencing subsequent patent filings and research endeavors. Its landscape demonstrates the importance of detailed claim drafting and comprehensive patent strategies to maintain competitive advantages in the pharmaceutical industry. Key Takeaways The patent’s core claims focus on a specific chemical entity, with auxiliary claims extending to synthesis methods and therapeutic uses. Its scope is defined by the structural nuances of the compound, with potential for derivative work within specified boundaries. The patent landscape includes related filings aiming to broaden protection, creating a dense environment around the original compound. Understanding this patent informs strategic decisions around R&D, licensing, and legal protections, especially in related therapeutic and chemical sectors. Although expired, the patent's legacy influences current and future patent filings, highlighting enduring importance in pharmaceutical patent strategy. FAQs 1. What is the primary legal protection offered by Patent 4,767,612? It grants exclusive rights to make, use, and sell the specific chemical compound, its derivatives, synthesis methods, and therapeutic applications claimed within the patent during its active term. 2. How does the scope of claims influence patent infringement risks? Broader claims increase the risk of infringement but may be more vulnerable to invalidation; narrower claims offer limited protection but are often more defensible. 3. Why is understanding the patent landscape important? It helps stakeholders identify potential patent overlaps, avoid infringement, seek licensing opportunities, and recognize alternatives or design-arounds. 4. Can derivatives of the patented compound be patented separately? Yes, if they meet novelty and inventive step criteria, especially if they differ sufficiently from the original claims. 5. How does the expiration of this patent affect the market? Expired patents open the market for biosimilar or generic development, increasing competition and potentially decreasing drug prices. References [Assumed primary source: U.S. Patent 4,767,612, issued August 30, 1988] [Secondary sources analyzing patent landscapes in pharmaceuticals (assumed for contextual depth)] More… ↓ ⤷ Get Started Free

Details for Patent: 4,767,612

Summary for Patent: 4,767,612