What Is a Patent

It is noteworthy that patents are awarded for things or res, which must have some use there need not be any rationale provided as to why an invention works obviously it must meet all statutory requirements to be eligible for patenting. The patent laws are extremely complex, often inexplicably irrational, and in almost all instances questionable in their enforcement. 

The following definitions and terms are commonly used in describing patent 

Invention An invention is the conception of a new and useful article, machine, composition, or process. 

Reduction to practice An in-depth description of how the invention works, described in concrete terms. 

Prior art The existing or public knowledge available before the date of an invention or more than one year prior to the first patent application date. Utility This is the most common t5rpe of patent. It includes inventions that operate in a new and useful marmer. 

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UK Patent Office. What is a Patent (2006). Available http //www.patent.gov.uk/ patent/ definition.htm. Accessed 20 July 2006. 

Sharpe, C. C. 2000. Patent, Trademark, and Copyright Searching on the Internet. Jefferson, NC McFarland. This book was researched and written in anticipation of the U.S. Patent and Trademark Office offering searchable databases for the general public. It serves as a guide for the lay person on what is a patent, what can be patented, and shows the different types of patents. 

A compound and all of its properties are inseparable they are one and the same thing. But a formula is not a compound and while it may serve in a claim to identity what is being patented, as the metes and bounds of a deed identify a plot of land, the thing that is patented is not the formula but the compound identified by it. And the patentability of the thing does not depend on the similarity of its formula to that of another compound but of the similarity of the former compound to the latter. There is no basis in law for ignoring any property in making such a comparison.44... 

A less-invasive alternative is to inject air bubbles or other echocontrast material intravenously if there is a patent foramen ovale, they can be detected by transcranial Doppler sonography of the middle cerebral artery, particularly with a provocative Valsalva maneuver. There is considerable variation in the methods used to detect patent foramen ovale and this influences the diagnostic sensitivity and specificity. It is also uncertain what size of shunt is "clinically relevant" and some bubbles may pass to the brain through pulmonary rather than cardiac shunts (Droste ef al. 1999, 2002 Schwarze ef al. 1999),... 

A patent comprises a brief description of the prior art (the narrow segment of technology) in areas related to the subject of the patent. Usually this is followed by a brief summary of what is being patented. A more detailed description of what is involved in the invention is then given, accompanied by descriptions of some detailed examples that illustrate the application of the invention. Usually at least one of the examples described is a description of an experiment, which was actually carried out, but they need not all have been actually tested. Differentiation between actually tested examples and hypothetical examples described in the body of the patent is made on the basis of the tense used in the description. If it is described in the past tense (i.e., was is used throughout), then it is a description of a tested example. If it is given in the present tense, it describes a hypothetical example. To be able to differentiate the two types of examples is of particular interest to synthetic chemists, for example, who are likely to be more successful if they follow a procedure of a tested rather than a hypothetical example. The last, and most... 

Can the claim made withstand court challenge Even though these areas of interpretations are beyond what a scientist would be expected to have any expertise, a keen understanding of the scope of claims is essential a patent with too broad a claim is not necessarily a good patent nor is a patent with too narrow a claim. The patent disclosure must support the claim adequately. 

What is a contradiction matrix This is shown in Fig. 7.9 (a portion of the matrix the complete matrix is shown in the appendix). TRIZ founder Genrich S. Altshuller, while going through 40,000 most inventive patents, found that there are around 1250 technical contradictions which he was able to assemble in a 39 x 39 matrix called the contradiction matrix. To resolve these contradictions, again through the 40,000 most inventive patents back in 1950, Altshuller invented 40 inventive prin-... 

Quite often, the technical description, or patent specification, defines the terms used in a patent claim setting forth the patented invention. In fact, the definition of a term in the technical description typically controls the meaning of the term as it is used in the patent and in its claims. If then the patent claims a co-crystal of API A and co-former B, then the definition of co-crystal provided in the patent specification will control what is a co-crystal according to the patent and what is not. 

The point is this. Use of the term co-crystal in the introduction, or preamble, of a patent claim defines the type of composition being claimed. First, defining the claimed composition as a co-crystal refers to the solid state and excludes amorphous materials. Second, it is a co-crystal and therefore distinct from a non-crystalline mixture or a salt, a crystalline solvate, or other prior art combinations of the API and co-former (should they exist). While a general preamble may not affect the scope of a claim, the preamble of a claim when used to define a substance to the exclusion of others may in fact limit the scope of the claim. Thus, the purpose and effect of an inventor using the term cocrystal to define the relationship between the API and co-former in the composition should be considered not only for what it includes, but also for what it excludes. This can be a useful defitional boundary to focus on what is the patentable subject matter and why it is patentable. 

The definiteness requirement serves notice to potential infringers as to the exact boundaries of the patentee owner s rights. Thus, a patent provides a record of what the inventor has brought to the technological field, and also provides other parties with notice as to what conduct is permissible in view of the patent claims. 

Merck and Maeder have patented the manufacture of arecaidine by loss of water from l-methyl-4-hydroxypiperidine-3-carboxylic acid. A method of producing the latter has been describd by Mannich and Veit and has been developed by Ugriumov for the production of arecaidine and arecoline. With the same objective, Dankova, Sidorova and Preobrachenski use what is substantially McElvain s process,but start by converting ethylene oxide, via the chlorohydrin and the cyanohydrin, into -chloropropionic acid. The ethyl ester of this with methylamine in benzene at 140° furnishes methylbis(2-carbethoxyethyl) amine (I) which on refluxing with sodium or sodium Moamyloxide in xylene yields l-methyl-3-carbethoxy-4-piperidone (II). The latter is reduced by sodium amalgam in dilute hydrochloric acid at 0° to l-methyl-3-carbethoxy-4-hydroxypiperidine (III) which on dehydration, and hydrolysis, yields arecaidine (IV R = H), convertible by methylation into arecoline (IV R = CH3). 

Keep records that document when and what was invented. It is important that accurate records are kept showing your original sketches with a disclosure statement describing what and how your invention works. It is useful to have someone witness this disclosure document and verify the date that this invention took place. It is often during this step that the invention concept is either modeled (mathematical or physical or both) and tested. Thus, accurate records of these analyzes or test results should also be kept. In the U.S. it is the first to invent that will obtain a patent in the event of two individuals inventing the same thing. Keep the disclosure document secret until the patent application is submitted to the patent office. 

In this chapter, we have compiled scientific papers, patent applications and other publicly available information related to large-scale use/commercial applications of ruthenium and palladium NHC complexes. It is not meant to be comprehensive with respect to all applications used to date due to the difficulty met when collecting information. However, this chapter provides a taste of what is currently done on what scale. 

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