Patent composition-of-matter

Stoff-menge, /. quantity of a substance amount of material, -mischung, /. (Paper) pulp mixture, -miihle, /. (Paper) stuff engine, hoUander. -patent, n. patent on a substance. -rahmen, m. filter disk, -teilchen, n. particle of matter, -umsatz, m. change of substance, specif, metabohsm. -verbindung, /. (Patents) composition of matter, -ver-brauch, m. consumption of material, -ver-wandtschaft, /. chemical affinity. 

There ore operations of the law of nature which are not patentable. On the other hand, there have been discoveries made in scientific fields which in a sense are phenomena of old and well-known products. These are not described as laws of nature. Problems arise chiefly in relationship to what already is known. Failure to distinguish between product coverage in this area resulted in a categorical application of the rule to both situations. This has occasioned much of the misunderstanding. The courts never intended the meaning of the rule which would declare otherwise patentable compositions of matter to be unpatentable merely because their creation might be the handiwork of nature rather than of man. 

Names are not patentable. Mechanisms are not patentable. Composition of matter and processes are patentable. 

Although, as discussed below, there have been disputes as to the patentability of some inventions, the basic definitions of patentable inventions in the chemical area are fairly clear. The phrase composition of matter in 101 relates primarily to chemical compositions. Patentable compositions of matter include chemical compounds and mixtures of ingredients. New methods of producing known products may be patentable as processes . A process also includes a new use of a known process, machine, manufacturing composition of matter, or material. Thus, new uses of known chemicals are patentable as processes. Both DDT and propanil are among the many known chemicals for which process patents have issued. 

For example, if the invention has cleaning properties it may be a composition of matter, process, or machine, all of which are patentable subject matter. If the invention performs work, it may be a process, article of manufacture, or machine, which are all patentable subject matter. It may also be that the development of a new composition results in a composition of matter and a process of using the composition, both of which are distinct, yet patentable inventions. The various types of patentable subject matter are not mutually exclusive and may be disclosed in a single patent. 

The composition of matter patents in the United States issued to The Upjohn Company on clindamycin phosphate and hydrochloride expired at the end of 1986 and in early 1987, respectively. Since then, these compounds have been available genericaHy from more than two dozen companies in the United States alone (101,102). 

Kennedy J.P., Fenyvesi G., and Keszler B., Three arm star composition of matter having diblock arms based on polyisobutylene and method of preparation, US Patent 6228945, May 8, 2001. 

The foregoing reaction scheme had been described in a patent issued in 1934 to Clemmensen (9), who prepared certain organic esters of thiophosphoric acid embodying both aromatic and aliphatic radicals. These esters are claimed as new compositions of matter useful as fire retardants. Parathion itself is not specifically described in the patent. 

Composition measurement, 77 785 Composition of matter category, in patents, 78 165-166... 

Since the dendrimers discovery occurred in a Dow corporate laboratory, the period 1979-1983 was spent filing many of the original dendrimer composition of matter patents [62-71]. The key Dow Starburst dendrimer research team... 

These plans envision composition-of-matter patents on drug molecules for which development timelines and market potentials can be estimated. Product stories are the clearest, most rational plans because profitable sales can be projected and rNPVs calculated. On the other hand, investors usually perceive higher risks because the rNPVs tend to be dominated by single product candidates for which historical failure rates are high. Examples of product stories include Amgen s development of Epogen and Amylin s development of Symlin. 

In the recent patent literature a procedure is given for coupling a diazonium salt with ethyl a-methylacetoacetate to afford an azo compound which could be used as an acetylating agent because its acetyl group was readily cleaved under mild conditions [26], In the coupling reaction, relatively weak bases such as pyridine, picolines, quinoline, and collidine are said to be effective. The example is given here for illustration only. It is to be noted that this is a composition of matter patent. 

The desired result of this screening procedure (which may have to be repeated several times with analogs or congeners of the original molecules) is a lead compound, ie, a leading candidate for a successful new drug. A patent application would be filed for a novel compound (a composition of matter patent) that is efficacious, or for a new and nonobvious therapeutic use (a use patent) for a previously known chemical entity. 

PATENTABILITY. The qualifications for obtaining a patent on an invention of chemical process. These arc (1) the invention must not nave been published in any country or in public use in the U.S., in either case for more than 1 year before the date of filing the application (2) it must not have been known in the IJ.S. before date of invention by the applicant (3) it must not be obvious to an expert in the art (4) it must be useful for a purpose not immoral and not injurious to the public welfare (5) it must fall within the five statutory classes on which patents may be granted, i.e., (a) composition of matter, (b) process of manufacture or treatment, (c) machine, (d) design (ornamental appearance), or (e) a plant produced asexually. Special regulations relate to atomic eneigy developments and subjects directly affecting national security (Robert Calvert). Note In 1980, the Supreme Court m al landmark decision upheld the patentability of synthetic bacteria created by recombinant DNA techniques. 

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title (emphasis added). 

So let s briefly summarize what we know about utility. The utility of the invention must be statutory subject matter, meaning that it must describe a process, a composition of matter, a machine, or a manufacture. It must be tangible a purely mental process, scientific law, or mathematical relationship will not do. Further, the utility must be substantial and specific, meaning that the utility must be of immediate and real value and cannot be speculative. Finally, the utility asserted in the patent application must be credible. Fulfill these criteria, and you are on your way to a patent. But don t get too excited yet—as we have seen, the utility rejection hurdle is actually rather low. 

Di-2-ethylhexyl phthalate (DOP) had already been patented as a composition of matter and examples of its use as a plasticizer for cellulosics, etc., but not PVC, were cited(2). However, it was not until later in the decade that the overall advantages of DOP were recognized. This was a key factor in the large scale production of 2-ethylhexanol (2EH) by Union Carbide Corp. starting in 1939(3), followed shortly by the commercialization of DOP — also by Union Carbide(4). 2-Ethylhexanol was made at that time via the "double aldol" route, starting with acetaldehyde. 

In the Chemical and Pharmaceutical Industries it is most important to obtain a patent covering inventions on new chemical entities, sometimes called compositions of matter . These composition of matter patents are of great value as they will dominate any future patenting activity by competitors, for instance on materials showing im-... 

It should be clear from this list of prior art that it is possible for a company s employees to accidentally disclose information, which can be cited later against its own patent. It is imperative that discussions on the nature of the invention do not take place in public before the application has been filed. Disclosures which must not be made include the presentation of papers at public conferences, scientific papers in journals or press releases. Additionally products covered by composition of matter patents must not be offered for sale or test or disclosed in sales literature. For process patents, products made by a new process must not be offered for sale until after the filing date. Similarly, new application methods for a product must not be used commercially until that date. It should also be remembered that there are no international boundaries disclosure in one country can bar a company from getting a patent later in another country. However, the USA disregards foreign unpublished knowledge and foreign public use. 

Carbide s patent department had reservations because in their experience, composition of matter claims had to be drawn very narrowly to be valid and as such were frequently easy to circumvent. We convinced them that the unique properties that make A and X useful are singular results of their specific chemical composition and the arrangement of atoms in the crystal lattice of the zeolites. To our knowledge, the use of powder x-ray data as a finger print to uniquely identify a specific crystal structure was a new concept in patent protection. 

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