Understanding the Scope and Claims of United States Patent 10,189,833
Introduction
United States Patent 10,189,833, titled "Solid forms of a compound modulating kinases," is a patent that covers specific solid forms of compounds designed to inhibit certain protein kinases. This article will delve into the details of the patent's scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
The patent, assigned the number US10189833B2, was granted to inventors who developed solid forms of compounds that are inhibitors of Fms, Kit, and Flt3 protein kinases. These kinases are involved in various cellular processes and are targets for therapeutic interventions, particularly in the treatment of diseases such as cancer[4].
Patent Scope
The scope of a patent defines the boundaries of what is protected by the patent. For US10189833B2, the scope is determined by the claims listed in the patent document.
Claim Structure
The claims in a patent are categorized into independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims. The scope of this patent is defined by its independent claims, which describe the specific solid forms of the compounds and their characteristics.
Metrics for Measuring Patent Scope
Research has shown that patent scope can be measured using metrics such as independent claim length and independent claim count. Narrower claims, which are often the result of a longer examination process, are associated with a higher probability of grant and a shorter examination process[3].
Claims Analysis
The claims in US10189833B2 can be broken down into several key components:
Independent Claims
- These claims describe the solid forms of the compounds, including their crystalline structures and physical properties.
- For example, Claim 1 might describe a specific crystalline form of Compound I, detailing its X-ray powder diffraction (XRPD) pattern and other distinguishing characteristics.
Dependent Claims
- These claims further specify the invention by adding additional limitations to the independent claims.
- For instance, a dependent claim might specify the use of the solid form of Compound I in a pharmaceutical composition or its application in treating a particular disease.
Inventorship and Ownership
The patent lists the inventors who conceived and reduced the idea to practice. Correct determination of inventorship is crucial, as incorrectly naming inventors can lead to the patent being declared invalid or unenforceable[5].
Joint Inventorship
- The patent may involve joint inventors if multiple individuals contributed significantly to the invention.
- Each joint inventor must have made a significant and inventive contribution to at least one claim in the patent.
Patent Landscape
The patent landscape surrounding US10189833B2 includes other patents and published applications related to kinase inhibitors and their solid forms.
Prior Art
- The patent cites prior art related to kinase inhibitors and their uses, which helps to establish the novelty and non-obviousness of the invention.
- Prior art keywords include terms like "compound," "disease," "composition," and "effective amount," indicating the broader context of the invention[4].
Competing Patents
- Other patents in the same field may cover different aspects of kinase inhibitors, such as different solid forms, methods of synthesis, or specific therapeutic applications.
- Analyzing these competing patents can provide insights into the competitive landscape and potential areas for further innovation.
Search and Analysis Tools
For a comprehensive analysis, several tools and resources can be utilized:
USPTO Search Facilities
- The USPTO Public Search Facility and the Main STIC Library offer resources for searching existing patents and published patent applications, including sequence listings and patent assignments[1].
Google Patents
- Google Patents provides a platform to search and view patent documents, including the full text of US10189833B2 and related patents[4].
Legal Status and Enforcement
The legal status of the patent is active, indicating that it is currently in force. However, the enforceability of the patent depends on several factors, including the correct identification of inventors and the absence of deceptive intent in the patent application process[5].
Conclusion
Understanding the scope and claims of US10189833B2 is crucial for navigating the patent landscape related to kinase inhibitors. The patent's specific claims, the importance of correct inventorship, and the broader patent landscape all play significant roles in determining the patent's validity and enforceability.
Key Takeaways
- Patent Scope: Defined by independent and dependent claims, with narrower claims often resulting from a longer examination process.
- Claims Analysis: Independent claims describe the solid forms of the compounds, while dependent claims add additional limitations.
- Inventorship: Correct determination of inventorship is vital to avoid patent invalidation.
- Patent Landscape: Includes prior art, competing patents, and the use of search and analysis tools.
- Legal Status: The patent is active, but its enforceability depends on correct inventorship and the absence of deceptive intent.
FAQs
Q: What is the main subject matter of US10189833B2?
A: The patent covers solid forms of compounds that inhibit Fms, Kit, and Flt3 protein kinases.
Q: Why is correct inventorship important in patent applications?
A: Incorrect inventorship can lead to the patent being declared invalid or unenforceable.
Q: How can the scope of a patent be measured?
A: Metrics such as independent claim length and independent claim count can be used to measure patent scope.
Q: What tools can be used to search and analyze patents?
A: Tools include the USPTO Public Search Facility, the Main STIC Library, and Google Patents.
Q: What is the current legal status of US10189833B2?
A: The patent is currently active.
Sources
- USPTO - Search for patents - USPTO
- USA.gov - U.S. Patent and Trademark Office (USPTO) | USAGov
- SSRN - Patent Claims and Patent Scope - Search eLibrary :: SSRN
- Google Patents - US10189833B2 - Solid forms of a compound modulating kinases
- Oregon State University - Determining Inventorship for US Patent Applications
