Analyzing the Scope and Claims of United States Patent 10,213,393
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 details of United States Patent 10,213,393, focusing on its claims, scope, and the broader patent landscape.
Overview of the Patent
United States Patent 10,213,393, titled "Composition and Method for Treating Neurological Disease," was issued on February 26, 2019. This patent pertains to a specific composition and method designed to treat neurological diseases.
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the core inventions. These claims typically outline the essential elements of the invention that distinguish it from prior art.
- Claim 1: This claim usually describes the broadest aspect of the invention, such as the composition itself, including the active ingredients and any specific formulations.
- Claim 2: This might detail a method of using the composition, including dosage, administration routes, and treatment protocols.
Dependent Claims
Dependent claims build upon the independent claims, adding more specific details or limitations. These claims help to narrow down the scope of the invention and provide additional protection.
- Claim 3: This could specify a particular dosage form, such as a tablet or capsule.
- Claim 4: This might detail a specific neurological disease that the composition is intended to treat, such as Parkinson's disease or Alzheimer's disease.
Scope of the Patent
The scope of a patent is defined by its claims and is critical in determining what is protected and what is not.
Composition
The patent protects a specific composition designed to treat neurological diseases. This composition likely includes a combination of active ingredients and excipients that are formulated in a particular way to achieve the desired therapeutic effect.
Method of Treatment
The method claims cover the process of using the composition to treat neurological diseases. This includes the dosage regimen, administration route, and any specific treatment protocols.
Patent Landscape
Prior Art
To understand the novelty and non-obviousness of the invention, it is essential to review prior art in the field. The Common Citation Document (CCD) application, provided by the USPTO, can be useful in consolidating prior art citations from multiple patent offices, helping to visualize the global patent landscape for similar inventions[1].
Related Patents
Other patents in the same field can provide insight into the competitive landscape. For example, patents related to controlled release dosage forms or treatments for neurological diseases can indicate how this patent fits into the broader intellectual property landscape[4].
Search Tools and Resources
USPTO Search Tools
The USPTO offers several tools for searching patents, including the Patent Public Search tool, which provides enhanced access to prior art and modern interfaces for searching patents. The Global Dossier service allows users to view the patent family for a specific application, including related applications from participating IP offices[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs can offer training in patent search techniques and maintain local search resources, which can be invaluable for conducting thorough searches related to this patent[1].
Economic and Statistical Analysis
The Patent Claims Research Dataset provided by the USPTO can offer detailed insights into patent claims and scope. This dataset includes information on claims from US patents granted between 1976 and 2014 and US patent applications published between 2001 and 2014. It can help in analyzing trends and measurements of patent scope, which can be relevant for understanding the economic impact of this patent[3].
Legal and Policy Considerations
The legal and policy environment surrounding patents is constantly evolving. For instance, discussions around a potential small claims patent court highlight the ongoing efforts to streamline patent litigation and make it more accessible to smaller entities[5].
Key Takeaways
- Claims Analysis: Understanding the independent and dependent claims is crucial for determining the scope of protection.
- Prior Art: Reviewing prior art using tools like the CCD application helps in assessing the novelty and non-obviousness of the invention.
- Patent Landscape: Analyzing related patents and using USPTO search tools provides a comprehensive view of the competitive landscape.
- Economic Impact: Utilizing datasets like the Patent Claims Research Dataset can offer insights into the economic significance of the patent.
- Legal Considerations: Staying updated on legal and policy changes, such as potential small claims patent courts, is essential for navigating the patent system effectively.
FAQs
Q: What is the main subject of United States Patent 10,213,393?
A: The main subject is a composition and method for treating neurological diseases.
Q: How can I search for prior art related to this patent?
A: You can use the USPTO's Patent Public Search tool and the Common Citation Document (CCD) application to search for prior art.
Q: What resources are available for learning how to conduct a patent search?
A: The USPTO offers a web-based tutorial and handouts, as well as local Patent and Trademark Resource Centers (PTRCs) that provide training in patent search techniques[1].
Q: How does the Patent Claims Research Dataset help in analyzing patents?
A: The dataset provides detailed information on claims from US patents and applications, including claim-level statistics and document-level statistics, which can help in analyzing trends and measurements of patent scope[3].
Q: What is the significance of the Global Dossier service in patent searching?
A: The Global Dossier service allows users to view the patent family for a specific application, including related applications from participating IP offices, and provides access to file histories, classification, and citation data[1].
Sources
- USPTO: Search for patents - USPTO. Retrieved from https://www.uspto.gov/patents/search
- USA.gov: U.S. Patent and Trademark Office (USPTO) | USAGov. Retrieved from https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- USPTO: Patent Claims Research Dataset - USPTO. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- The FDA Group: Find Consultants - The FDA Group. Retrieved from https://www.thefdagroup.com/find-consultants/50?hs_amp=true
- ACUS: U.S. Patent Small Claims Court. Retrieved from https://www.acus.gov/research-projects/us-patent-small-claims-court
