Analyzing the Scope and Claims of United States Patent 10,093,697: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the specifics of United States Patent 10,093,697, focusing on its claims, scope, and the broader patent landscape.
Overview of the Patent
United States Patent 10,093,697, titled "IBAT inhibitors for the treatment of liver diseases," pertains to specific inhibitors of the ileal bile acid transporter (IBAT) and their application in the prophylaxis and treatment of liver diseases[4].
Claims of the Patent
The claims section of a patent is critical as it defines the scope of the invention and what is protected by the patent.
Independent Claims
Independent claims are the broadest claims in a patent and define the core invention. For US Patent 10,093,697, the independent claims typically include the composition of the IBAT inhibitors, their chemical structures, and the methods for their use in treating liver diseases.
Dependent Claims
Dependent claims narrow down the scope of the independent claims by adding additional limitations. These claims often specify particular aspects of the invention, such as specific compounds, dosages, or methods of administration.
Claim Structure
The claim structure includes both composition-of-matter claims (e.g., the chemical compounds themselves) and method-of-use claims (e.g., how these compounds are used to treat liver diseases). This dual approach ensures comprehensive protection for the invention.
Scope of the Patent
The scope of a patent is determined by its claims and is a critical factor in determining what is protected and what is not.
Chemical Compounds
The patent covers specific chemical compounds that act as IBAT inhibitors. These compounds are detailed in the claims and include their structural formulas and chemical names. For example, the patent mentions compounds like "(2s,4r)-4-[(3r,5s,6r,7r,8s,9s,10s,13r,14s,17r)-6-ethyl-3,7-dihydroxy-10,13-dimethyl-2,3,4,5,6,7,8,9,11,12,14,15,16,17-tetradecahydro-1h-cyclopenta[a]phenanthren-17-yl]-2-methylpentanoic acid"[4].
Methods of Use
The patent also covers the methods for using these IBAT inhibitors in the treatment of liver diseases. This includes the administration routes, dosages, and any specific treatment protocols.
Patent Landscape
Understanding the broader patent landscape is essential for identifying potential competitors, collaborators, and areas for further innovation.
Prior Art
Prior art refers to existing patents and publications that are relevant to the current patent. The prior art section of US Patent 10,093,697 lists previous patents and publications related to IBAT inhibitors and liver disease treatments. This helps in understanding how the current patent differs from and builds upon existing knowledge[4].
Global Patent Family
To fully understand the scope of protection, it is important to look at the global patent family. This involves searching international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
Competitors and Collaborators
Identifying other patents and patent holders in the same field can reveal potential competitors and collaborators. This can be done by searching patent databases and analyzing the patent portfolios of other companies and researchers working on similar technologies.
Legal and Regulatory Considerations
Presumption of Validity
Under U.S. law, a patent is presumed valid unless proven otherwise. This means that any challenges to the patent must overcome this presumption[5].
Defenses
Defenses against patent infringement claims can include arguments that the patent is invalid or that the accused product or process does not infringe the claims of the patent.
Conducting a Comprehensive Patent Search
To fully analyze the scope and claims of US Patent 10,093,697, one must conduct a comprehensive patent search.
Using USPTO Resources
The United States Patent and Trademark Office (USPTO) provides several tools for patent searching, including the Patent Public Search tool, Global Dossier, and the Patent and Trademark Resource Centers (PTRCs)[1].
International Searches
Searching international patent databases is crucial to understand the global patent landscape. Resources like the European Patent Office's esp@cenet and the World Intellectual Property Organization's PATENTSCOPE can be invaluable[1].
Data and Statistics
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset can provide insights into patent scope and claims trends. This dataset includes detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014[3].
Economic Impact
Understanding the economic impact of patents in the pharmaceutical sector can also provide context. Studies by the USPTO's Office of the Chief Economist can offer insights into the economic benefits and challenges associated with patent protection in this field[3].
Key Takeaways
- Claims Analysis: The claims of US Patent 10,093,697 define the specific IBAT inhibitors and their methods of use, providing a clear understanding of what is protected.
- Scope of Protection: The scope includes both the chemical compounds and the methods for their use in treating liver diseases.
- Patent Landscape: Understanding the global patent family and prior art is crucial for navigating the competitive landscape.
- Legal Considerations: The patent is presumed valid, and any challenges must overcome this presumption.
- Comprehensive Search: Using USPTO resources and international databases is essential for a thorough analysis.
FAQs
Q: What is the main subject of US Patent 10,093,697?
A: The main subject is IBAT inhibitors for the treatment of liver diseases.
Q: How do I determine the scope of protection for this patent?
A: The scope is determined by the claims, which include specific chemical compounds and methods of use.
Q: Where can I find more information on the global patent family for this invention?
A: You can use resources like the Global Dossier and international patent databases such as those provided by the EPO and WIPO.
Q: What is the significance of the presumption of validity in patent law?
A: It means that a patent is assumed to be valid unless proven otherwise, making it harder to challenge the patent.
Q: How can I conduct a comprehensive patent search related to this invention?
A: Use USPTO resources like the Patent Public Search tool and international databases, and consult with Patent and Trademark Resource Centers (PTRCs) if necessary.
Sources
- USPTO: Search for patents - USPTO. [Online]. Available: https://www.uspto.gov/patents/search
- ACUS: U.S. Patent Small Claims Court. [Online]. Available: https://www.acus.gov/research-projects/us-patent-small-claims-court
- USPTO: Patent Claims Research Dataset - USPTO. [Online]. Available: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents: US10093697B2 - IBAT inhibitors for the treatment of liver diseases. [Online]. Available: https://patents.google.com/patent/US10093697B2/en
- US Code: 35 USC 282: Presumption of validity; defenses. [Online]. Available: https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-1994-title35-section282&num=0&edition=1994
