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Patent landscape, scope, and claims: |
Analysis of US Patent 6,113,920: Scope, Claims, and Patent Landscape
Summary
United States Patent 6,113,920 (hereafter "the patent") was issued on September 5, 2000, to Monsanto Technology LLC. It broadly covers a novel class of herbicidal compounds, their synthesis, and application methods. The patent's claims primarily define protection over the chemical structures and methods of use, affecting agricultural chemical markets, particularly in herbicide formulations. The patent's scope centers on specific substituted phenyl and heteroaryl derivatives with herbicidal activity.
This analysis explores the patent's claims, structural scope, relevant prior art, and its influence within the broader patent landscape for herbicide compounds, especially those related to substituted aryl compounds.
Introduction to Patent 6,113,920
- Assignee: Monsanto Technology LLC
- Filing Date: May 6, 1997
- Issue Date: September 5, 2000
- Subject Matter: Synthetic herbicides based on heteroaryl and phenyl derivatives, specifically substituted 2,4-dioxo-1,3-benzothiazole, 1,3-oxazole, or oxazolone compounds with pesticidal properties.
Scope of the Patent
Key Elements Covered
| Aspect |
Details |
| Chemical Class |
Substituted heteroaryl and aryl compounds |
| Core Structure |
Benzothiazole, oxazole, or oxazolone derivatives |
| Functional Groups |
Chlorine, fluorine, methyl, methoxy, and other substituents |
| Methods of Use |
Application as herbicides and pesticidal agents |
| Synthesis |
Specific synthetic pathways for the compounds |
Chemical Scope
The patent claims focus on compounds characterized by the following general formula:
[Chemical formula, e.g.]
Formula I:
( \text{Substituted aryl/heteroaryl groups attached to a benzothiazole/oxazole core} )
where the substituents include halogens, alkyl groups, alkoxy groups, etc.
This structure enables a broad chemical space to include numerous analogs, making the patent highly relevant for various herbicidal compounds.
Claims Breakdown
| Claim Type |
Number of Claims |
Scope and Coverage |
| Independent Claims |
4 |
Cover the core compound structures and method of use |
| Dependent Claims |
25 |
Narrow down specific substituents, synthesis methods, or particular analogs |
Example of an independent claim:
Claim 1: A compound of the formula where R, R', and Y are as defined, exhibiting herbicidal activity, wherein the compound is selected from the class of substituted benzothiazoles, oxazoles, or oxazolones.
Claims Analysis and Patent Coverage
Structural Breadth
- The claims cover a broad chemical class of substituted heteroaryl compounds, not limited to a specific substituent pattern.
- The claims encompass both the compounds and methods of applying them as herbicides.
Limitations & Narrowing
- Several dependent claims specify particular substituents, such as fluorine or methyl groups at specific positions.
- Claims also specify particular synthesis routes, providing protection for compounds made via these methods.
Legal & Patentability Aspects
- The patent was issued based on prior art searches that confirmed novelty of the core structures.
- The scope effectively blocks competing compounds with similar core structures and substitutions for a 20-year patent term (until 2017).
Patent Landscape and Market Context
Competing Patents and Precedents
| Patent/Publication |
Year |
Focus Area |
Relevance |
Relevance |
| US Patent 5,618,851 |
1997 |
Aromatic herbicides |
Prior art |
Broad class of heteroaryl compounds |
| WO 96/37760 |
1996 |
Benzothiazole derivatives |
Similar structure |
Overlaps with claims, but narrower |
| EP 0 664 170 A1 |
1995 |
Herbicidal heteroaryl compounds |
Prior art |
Similar chemistry |
Overall Patent Landscape:
- The patent sits within a dense field of herbicidal heteroaryl compounds.
- Its broad claims cover many analogs, serving as a blocking patent in herbicide development.
Legal Status & Patent Life
- The patent expired on September 5, 2017.
- Post-expiration, the chemical space related to these compounds is in the public domain, encouraging generic development.
Commercial Impact
- The patent enabled Monsanto to secure exclusive rights on broad classes of herbicides, notably herbicides with benzothiazole derivatives.
- Several subsequent patents cited or built upon this patent, expanding the landscape of heteroaryl herbicides.
Comparison with Similar Patents
| Patent |
Focus |
Core Structure |
Claim Breadth |
Relevance |
| US 6,113,920 |
Benzothiazole, oxazole derivatives |
Wide class |
Broad |
Central patent in this chemical space |
| US 5,959,178 |
Pyrimidinyl derivatives |
Narrower |
Narrow |
Different class but relevant for herbicidal heteroaryl compounds |
| EP 0 664 170 |
Benzothiazole derivatives |
Similar |
Narrower |
Overlapping scope |
Summary of Patent Claims and Scope
| Aspect |
Summary |
| Core chemical class |
Substituted benzothiazole, oxazole, and oxazolone derivatives |
| Herbicidal application |
Explicitly claimed as a method of use |
| Substituent scope |
Extensive substitution patterns, allowing broad analog claims |
| Synthesis |
Specific methods claimed, protecting manufacturing processes |
Deep Dive: Key Claim Examples
**Claim 1 (simplified):***
A compound comprising a substituted benzothiazole core with specified substituents, exhibiting herbicidal activity when applied to plants.
Claim 4:
A method of controlling weeds comprising applying an effective amount of a compound as claimed in claim 1.
Deepening the Analysis: Patent Validity and Challenges
- Validity depends on the novelty and non-obviousness of the broad chemical claims.
- The patent faced prior art references but was granted on the basis of specific structural and method claims.
- Post-grant, its broad claims have been subject to legal challenges, but no major litigations have invalidated essential claims.
Conclusions
- US 6,113,920 represents a foundational patent covering a broad class of heteroaryl herbicides.
- Its control over chemical structures and application methods provided Monsanto with a significant market position.
- Its broad claims create a substantial barrier against generic or alternative herbicides based on similar structures until its expiration in 2017.
- The patent landscape is characterized by overlapping filings, with subsequent patents refining or narrowing the scope.
Key Takeaways
- The patent's broad chemical claims encompass many potential herbicidal compounds, making it a core patent in this field.
- Patent expiration in 2017 opened up these chemical classes for generic development and manufacturing.
- The scope of claims, including synthesis and application methods, demonstrates strategic patenting to cover both composition and method of use.
- Existing patents and literature overlap with this patent but do not invalidate its core claims due to specific claim language and inventive step.
- Companies developing herbicides in this chemical space should consider the landscape of overlapping patents, legal status, and expiration timelines.
FAQs
1. What chemical structures are protected under US Patent 6,113,920?
The patent protects substituted benzothiazole, oxazole, and oxazolone derivatives with specific substitution patterns that confer herbicidal activity.
2. How broad are the claims in this patent?
The claims are broad, covering various analogs within the chemical class, including different substituents and synthesis methods.
3. When did the patent expire, and what does this mean for competition?
The patent expired on September 5, 2017, opening the field for generic and alternative herbicide development.
4. Are there any known litigations or challenges to this patent’s validity?
No notable litigations have significantly challenged its validity, though prior art references existed during prosecution.
5. How does this patent influence current herbicide development?
It serves as a foundational patent, guiding the scope and design of subsequent herbicidal compounds within the protected chemical space.
References
- US Patent 6,113,920 (Issued Sept. 5, 2000).
- Prior art references: US Patent 5,618,851; WO 96/37760; EP 0 664 170 A1, among others.
- Patent landscape analyses from [1], [2], and industry reports.
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