Analyzing the Scope and Claims of United States Patent 10,426,782: 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 10,426,782, focusing on its claims, scope, and the broader patent landscape.
Overview of the Patent
United States Patent 10,426,782, titled "Pharmaceutical formulations of a pan-RAF kinase inhibitor and processes for their preparation," pertains to a pharmaceutical composition designed for the treatment of cancer, particularly cancers with NRAS and BRAF mutations[4].
Publication Details
- Publication Number: US10,426,782B2
- Authority: United States
- Prior Art Keywords: Tablet, pharmaceutical composition, pharmaceutically acceptable, compound, amount
Claims of the Patent
The claims of a patent define the scope of the invention and are critical for determining what is protected under the patent.
Independent Claims
The patent includes several independent claims that outline the core aspects of the invention. These claims typically define the composition, the process of preparation, and the therapeutic uses of the pan-RAF kinase inhibitor.
- Composition Claims: These claims specify the pharmaceutical composition comprising Compound 1 or a pharmaceutically acceptable salt thereof. The composition is designed to treat cancers, particularly those with NRAS and BRAF mutations[4].
- Process Claims: These claims detail the methods for preparing the pharmaceutical compositions, including the steps involved in manufacturing tablets or other dosage forms[4].
Dependent Claims
Dependent claims further refine the scope of the independent claims by adding additional limitations or specifications. For example, dependent claims might specify particular dosing regimens, formulation characteristics, or additional therapeutic uses.
Scope of the Patent
The scope of a patent is determined by the claims and is a critical factor in assessing the patent's validity and enforceability.
Therapeutic Scope
The patent covers the use of Compound 1 for treating various types of cancer, including those with specific genetic mutations. The therapeutic scope is defined by the effective amount of the compound that is sufficient to cause a detectable decrease in the severity of the disease or to ameliorate symptoms without exceeding the maximum tolerated dose (MTD)[4].
Formulation Scope
The patent also covers various formulations of the compound, including tablets and other oral dosage forms. The formulations are designed to achieve rapid dissolution and increased oral bioavailability, enhancing the efficacy of the treatment[4].
Patent Landscape
Understanding the broader patent landscape is essential for identifying potential competitors, collaborators, and areas for further innovation.
Prior Art and Citations
The Common Citation Document (CCD) application can be used to consolidate prior art citations from multiple patent offices, providing a comprehensive view of the prior art landscape related to this patent[1].
Related Patents and Applications
Using tools like the Global Dossier, users can access the file histories of related applications from participating IP Offices, including the IP5 Offices. This helps in identifying patent families and related inventions that may impact the scope and validity of the patent[1].
Search and Analysis Tools
Several tools are available for conducting thorough searches and analyses of patents.
Patent Public Search
The USPTO's Patent Public Search tool offers enhanced access to prior art and allows users to search for existing patents and published patent applications. This tool is crucial for conducting preliminary searches to ensure the novelty and non-obviousness of the invention[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs provide additional resources and training in patent search techniques, which can be invaluable for detailed analyses of patent scope and claims[1].
Legal and Policy Considerations
The legal and policy environment surrounding patents is constantly evolving.
Small Claims Patent Court
There have been discussions and studies on the feasibility of a small claims patent court, which could impact how patent disputes are resolved, particularly for smaller entities. This could affect the enforcement and litigation costs associated with patents like US10,426,782[5].
Measuring Patent Scope
Research has shown that metrics such as independent claim length and independent claim count can be used to measure patent scope. These metrics can provide insights into the breadth and clarity of the patent claims, which are important for assessing patent quality[3].
Key Takeaways
- Claims Definition: The patent's claims define the composition, preparation process, and therapeutic uses of the pan-RAF kinase inhibitor.
- Therapeutic Scope: The patent covers the treatment of cancers with NRAS and BRAF mutations.
- Formulation Scope: The patent includes various formulations designed for rapid dissolution and increased oral bioavailability.
- Patent Landscape: Tools like the Global Dossier and CCD application help in understanding the broader patent landscape.
- Legal Considerations: The legal environment, including potential small claims patent courts, can impact patent enforcement and litigation.
FAQs
What is the main subject of United States Patent 10,426,782?
The main subject of this patent is a pharmaceutical composition comprising a pan-RAF kinase inhibitor for the treatment of cancer, particularly cancers with NRAS and BRAF mutations.
How can one search for related patents and applications?
Using tools like the Global Dossier and the Patent Public Search, users can access related applications and file histories from participating IP Offices.
What metrics can be used to measure patent scope?
Metrics such as independent claim length and independent claim count can be used to measure patent scope and assess patent quality.
What is the significance of the Common Citation Document (CCD) application?
The CCD application consolidates prior art citations from multiple patent offices, providing a comprehensive view of the prior art landscape related to a patent.
Are there any ongoing discussions about changing the patent litigation process?
Yes, there have been studies and discussions on the feasibility of a small claims patent court, which could impact how patent disputes are resolved.
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 - US10426782B2 - Pharmaceutical formulations of a pan-RAF kinase inhibitor and processes for their preparation
- ACUS - U.S. Patent Small Claims Court
