Understanding the Scope and Claims of United States Patent 10,028,937
Introduction
United States Patent 10,028,937, titled "Anti-viral compounds," is a significant patent that describes compounds effective in inhibiting the replication of the Hepatitis C virus (HCV). This patent, held by AbbVie, is crucial for the treatment of HCV infections. Here, we will delve into the details of the patent's scope, claims, and the broader patent landscape.
Patent Overview
The patent US10028937B2 was granted to AbbVie and is set to expire in June 2030. It outlines the process of manufacturing anti-viral compounds specifically designed to inhibit HCV replication[4].
Scope of the Patent
The scope of a patent is a critical aspect that defines the boundaries of what is protected. For US10028937B2, the scope is centered around the anti-viral compounds and their method of manufacture.
Independent Claim Length and Count
Research on patent scope often uses metrics such as independent claim length and count. These metrics can indicate the breadth and specificity of the patent. For US10028937B2, the independent claims are detailed and specific, focusing on the chemical structures and synthesis methods of the anti-viral compounds. This specificity suggests a narrower scope, which is often associated with a higher probability of grant and a shorter examination process[3].
Claims Analysis
The claims section of a patent is where the inventor specifies what they are seeking to protect.
Independent Claims
Independent claims in US10028937B2 describe the specific chemical compounds and their synthesis methods. These claims are crucial as they define the novel aspects of the invention and distinguish it from prior art. For example, the patent describes "optionally substituted" alkyl and carbocycle groups, which are key components of the anti-viral compounds[1].
Dependent Claims
Dependent claims build upon the independent claims and provide additional details or variations. In this patent, dependent claims might include specific modifications to the chemical structures or additional steps in the synthesis process. These claims help to further define the scope of protection and ensure that variations of the invention are also covered.
Patent Claims and Patent Scope
The relationship between patent claims and patent scope is well-studied. Narrower claims, as seen in US10028937B2, are generally associated with a higher probability of patent grant and shorter examination times. This is because narrower claims are more specific and less likely to overlap with existing patents, reducing the risk of litigation and licensing issues[3].
Examination Process
The examination process for US10028937B2 would have involved a thorough review of the claims to ensure they meet the criteria for patentability, including novelty, non-obviousness, and utility. The fact that the patent was granted suggests that the claims were deemed valid and distinct from prior art.
Economic and Research Implications
Patent Maintenance Payments
Patents like US10028937B2 require maintenance payments to keep them in force. The need for these payments can be an indicator of the patent's economic significance. Patents with narrower claims, like this one, may have different maintenance payment profiles compared to those with broader claims[3].
Forward Citations
Forward citations, which are citations to the patent by later patents, can indicate the patent's influence on subsequent innovations. For US10028937B2, forward citations would reflect its impact on the development of anti-viral treatments.
Broader Patent Landscape
AbbVie's Patent Portfolio
Abbvie holds a significant number of patents across various therapeutic areas, including anti-viral treatments. The expiration of patents like US10028937B2 in the next decade will open up opportunities for generic drug manufacturers to produce these treatments, potentially increasing accessibility and reducing costs[4].
Global Patent Trends
The patent landscape is global, with companies like AbbVie holding patents in multiple jurisdictions. The USPTO's datasets provide insights into patent trends, including the number of patents granted and the countries where they are held. For instance, AbbVie has a substantial number of patents in the United States, Europe, and other major markets[5].
Industry Impact
Treatment of HCV
The anti-viral compounds described in US10028937B2 are crucial for the treatment of HCV. The patent's expiration will allow other companies to develop generic versions of these treatments, which could significantly impact public health by making these medications more widely available.
Research and Development
The patent's influence extends to research and development in the pharmaceutical industry. The specific compounds and synthesis methods described can serve as a foundation for further research into anti-viral therapies.
Conclusion
United States Patent 10,028,937 is a pivotal patent in the field of anti-viral treatments, particularly for HCV. The patent's scope, defined by its independent and dependent claims, is specific and narrow, which is consistent with best practices for ensuring patent validity and reducing litigation risks. As the patent approaches its expiration date, it will have significant implications for the pharmaceutical industry, public health, and future research in anti-viral therapies.
Key Takeaways
- Patent Scope: The patent's scope is defined by its specific claims related to anti-viral compounds and their synthesis methods.
- Claims Analysis: Independent claims are detailed and specific, while dependent claims provide additional variations.
- Examination Process: The patent was granted after a thorough examination process.
- Economic Implications: The patent's maintenance payments and forward citations indicate its economic and research significance.
- Broader Landscape: The patent is part of AbbVie's extensive portfolio and has global implications.
- Industry Impact: The patent's expiration will affect HCV treatment availability and future research.
FAQs
Q: What is the main subject of United States Patent 10,028,937?
A: The main subject is anti-viral compounds effective in inhibiting the replication of the Hepatitis C virus (HCV).
Q: Who holds the patent US10028937B2?
A: The patent is held by AbbVie.
Q: When is the patent set to expire?
A: The patent is set to expire in June 2030.
Q: What metrics are used to measure patent scope?
A: Metrics such as independent claim length and count are used to measure patent scope.
Q: How does the patent's expiration impact the pharmaceutical industry?
A: The patent's expiration will allow for the development of generic versions of the anti-viral compounds, potentially increasing treatment accessibility and reducing costs.
Sources
- US10028937B2 - Anti-viral compounds - Google Patents
- Patent Claims Research Dataset - USPTO
- Patent Claims and Patent Scope - SSRN
- Abbvie Patents - Insights & Stats - GreyB
- Patent and patent application Claims data - USPTO Developer Portal
