Analyzing the Scope and Claims of United States Patent 10,106,579: 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 delves into the specifics of United States Patent 10,106,579, titled "Modulation of complement activity," to provide a detailed analysis of its scope, claims, and the broader patent landscape.
Overview of the Patent
Patent Number and Title
United States Patent 10,106,579, titled "Modulation of complement activity," was granted to address methods and compositions related to modulating the complement system, a part of the immune system[4].
Publication and Prior Art
The patent was published with the publication number US10106579B2. It includes prior art keywords such as polypeptides, amino acids, and specific chemical compounds, indicating the technical field it pertains to[4].
Scope of the Patent
Claims Analysis
The scope of a patent is primarily defined by its claims. For US Patent 10,106,579, the claims include:
- Independent Claims: These are the broadest claims that define the invention. They typically include the essential features of the invention.
- Dependent Claims: These claims are narrower and build upon the independent claims, adding additional features or limitations.
The claims in this patent cover various aspects of modulating complement activity, including specific polypeptides, methods of use, and therapeutic applications[4].
Claim Language and Metrics
Research has shown that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims at publication are often associated with a higher probability of grant and a shorter examination process[3].
Technical Details
Modulation of Complement Activity
The patent describes modulators of complement activity, which are crucial in therapeutic applications. The complement system plays a significant role in immune responses, and its dysregulation can lead to various diseases. The patent outlines methods and compositions for modulating this system, including specific polypeptides and their uses[4].
Chemical and Biological Aspects
The patent includes detailed descriptions of chemical compounds and biological effects, such as inflammatory effects, vascular effects, and ocular diseases. These details are essential for understanding the scope and potential applications of the invention[4].
Patent Landscape
Global Patent System
The patent landscape for US Patent 10,106,579 extends beyond the U.S. borders. The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This service is crucial for understanding the global reach and potential conflicts of the patent[1].
International Search Resources
To fully understand the patent landscape, one must also search international patent databases. Resources such as the European Patent Office's esp@cenet, the Japan Patent Office, and the World Intellectual Property Organization's PATENTSCOPE provide access to international patent applications and machine translations, helping to identify similar inventions globally[1].
Legal and Practical Considerations
Patent Examination and Maintenance
The patent examination process and subsequent maintenance are critical aspects of patent scope. The Patent Examination Data System (PEDS) allows public users to search, view, and download bibliographic data for patent applications, which can help in understanding the examination history and any office actions related to the patent[1].
Potential for Litigation and Licensing
The scope of a patent can significantly impact its potential for litigation and licensing. Broader patents may lead to increased licensing and litigation costs, while narrower claims can reduce these risks. The study on patent scope metrics suggests that narrower claims are associated with a shorter examination process and higher grant probability, which can mitigate some of these risks[3].
Stakeholder Input and Policy Considerations
Small Claims Patent Court
The Administrative Conference of the United States (ACUS) has conducted studies on the feasibility of a small claims patent court, which could impact the enforcement and litigation landscape for patents like US 10,106,579. Such a court could provide a more streamlined and cost-effective way to resolve patent disputes, affecting the overall patent landscape[5].
Public Access and Search Tools
USPTO Search Resources
The USPTO provides several tools for searching patents, including the Patent Public Search tool, which replaced legacy search tools like PubEast and PubWest. This tool offers enhanced access to prior art and improves the overall patent searching process[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs offer training in patent search techniques and maintain local search resources, which can be invaluable for inventors and researchers looking to understand the scope and claims of patents like US 10,106,579[1].
Key Takeaways
- Claims Definition: The scope of US Patent 10,106,579 is defined by its independent and dependent claims, which cover modulators of complement activity and their therapeutic applications.
- Global Reach: The patent's global implications can be understood through services like the Global Dossier and international patent databases.
- Legal Considerations: The patent's examination history, maintenance, and potential for litigation and licensing are crucial for understanding its practical implications.
- Public Access: Tools like the Patent Public Search and PTRCs are essential for conducting thorough patent searches.
FAQs
What is the main subject of US Patent 10,106,579?
The main subject of US Patent 10,106,579 is the modulation of complement activity, including methods and compositions for therapeutic applications.
How can I search for similar patents globally?
You can use services like the Global Dossier, European Patent Office's esp@cenet, Japan Patent Office, and World Intellectual Property Organization's PATENTSCOPE to search for similar patents globally.
What are the key metrics for measuring patent scope?
Key metrics include independent claim length and independent claim count, which can indicate the breadth and clarity of the patent claims.
Where can I find training in patent search techniques?
You can find training in patent search techniques at your nearest Patent and Trademark Resource Center (PTRC).
What is the significance of the Global Dossier service?
The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices, providing a comprehensive view of the global patent landscape.
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
- Google Patents - US10106579B2: https://patents.google.com/patent/US10106579B2/en
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
