United States Patent 10,045,991: A Detailed Analysis of Scope, Claims, and Patent Landscape
Overview of the Patent
United States Patent 10,045,991, titled "Methods of treating pediatric cancers," is a significant patent in the field of oncology, particularly focusing on the treatment of pediatric cancers. Here is a detailed analysis of its scope, claims, and the broader patent landscape.
Inventors and Assignee
The patent was invented by Michael Cox and Nisha Nanda, both affiliated with Loxo Oncology, Inc., which is the assignee of the patent[4].
Patent Claims
The patent includes several claims that define the scope of the invention. Here are the key types of claims:
- Use Claims: These claims specify the method of treating pediatric cancers using a particular compound.
- Formulation Claims: These claims pertain to the specific formulation of the therapeutic compound used in the treatment.
The claims are centered around the administration of a therapeutically effective amount of (S)--N-(5-((R)-2-(2,5-difluorophenyl)pyrrolidin-1-yl)-pyrazolo[1,5-a]pyrimidin-3-yl)-3-hydroxypyrrolidine-1-carboxamide, or a pharmaceutically acceptable salt thereof, or a combination thereof[4].
Patent Scope
The scope of the patent is defined by its claims and the description provided in the patent document. Here are some key aspects:
- Therapeutic Application: The patent is specifically for the treatment of pediatric cancers, indicating a narrow but critical therapeutic application.
- Compound Specificity: The claims are highly specific to the compound mentioned, which limits the scope to this particular therapeutic agent.
- Method of Administration: The method of administering the compound is also specified, further narrowing the scope to ensure that the patent covers a precise treatment protocol[4].
Patent Landscape
Global Patent Family
This patent has a significant global presence with sixty-four patent family members in thirty-two countries. This extensive coverage ensures that the invention is protected across multiple jurisdictions, which is crucial for pharmaceutical patents given the global nature of the industry[4].
Related Patents and Publications
The patent is part of a larger body of research and development in cancer treatment. For instance, other patents and publications may discuss similar compounds or methods of treating cancer, but the specific claims and scope of this patent differentiate it from others.
International Protection
The global protection of this patent is facilitated through various international intellectual property offices. For example, the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) provide databases and tools that help in tracking and managing international patent families[1].
Search and Analysis Tools
To analyze the scope and claims of this patent, several tools and resources can be utilized:
- Patent Public Search: This tool provided by the USPTO allows for a comprehensive search of prior art and related patents, helping to understand the novelty and non-obviousness of the invention[1].
- Global Dossier: This service provides access to the file histories of related applications from participating IP Offices, which can be useful in understanding the global patent family and any office actions related to the patent[1].
- Common Citation Document (CCD): This application consolidates citation data from multiple offices, enabling a single-point access to prior art cited by different offices for the same invention[1].
Impact on Innovation and Litigation
The scope and claims of this patent can have significant implications for innovation and litigation in the pharmaceutical industry:
- Innovation Incentives: Narrow and well-defined claims, as seen in this patent, can encourage innovation by providing clear boundaries and reducing the risk of overlapping claims and litigation[3].
- Litigation Costs: The specificity of the claims can also help in reducing litigation costs by making it clearer what is protected and what is not, thus minimizing disputes over patent infringement[3].
Key Metrics for Patent Scope
Research has shown that metrics such as independent claim length and independent claim count can be useful in measuring patent scope. For this patent, the claims are specific and detailed, indicating a well-defined scope. Studies suggest that narrower claims, like those in this patent, are associated with a higher probability of grant and a shorter examination process[3].
Conclusion
United States Patent 10,045,991 is a critical patent in the field of pediatric cancer treatment, with a well-defined scope and specific claims. Its extensive global protection and the use of advanced search and analysis tools highlight its importance in the pharmaceutical patent landscape.
Key Takeaways
- Specific Therapeutic Application: The patent is specifically for treating pediatric cancers.
- Global Protection: The patent has sixty-four family members in thirty-two countries.
- Narrow and Well-Defined Claims: The claims are specific to the compound and method of administration.
- Impact on Innovation and Litigation: The patent's scope can encourage innovation and reduce litigation costs.
- Use of Advanced Search Tools: Tools like Patent Public Search and Global Dossier are essential for analyzing the patent.
FAQs
Q: What is the main subject of United States Patent 10,045,991?
A: The main subject is the method of treating pediatric cancers using a specific therapeutic compound.
Q: Who are the inventors of this patent?
A: The inventors are Michael Cox and Nisha Nanda, affiliated with Loxo Oncology, Inc.
Q: How many global patent family members does this patent have?
A: This patent has sixty-four family members in thirty-two countries.
Q: What tools can be used to analyze the scope and claims of this patent?
A: Tools such as Patent Public Search, Global Dossier, and Common Citation Document (CCD) can be used.
Q: How does the specificity of the claims impact innovation and litigation?
A: The specificity of the claims can encourage innovation by providing clear boundaries and reduce litigation costs by minimizing disputes over patent infringement.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office (USPTO): https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- DrugPatentWatch - Patent 10,045,991: https://www.drugpatentwatch.com/p/patent/10045991
