United States Patent 10,792,306: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 10,792,306, titled "Colonoscopy—preparation," is a patent that addresses a specific aspect of medical preparation, particularly focusing on colon cleansing solutions. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Invention Description
The patent describes a colon cleansing solution designed to improve the efficacy and comfort of colonoscopy preparations. The solution includes a specific concentration of ascorbate anion, provided by ascorbic acid or its salts, along with other components such as preservative agents, flavorings, and potentially other additives like hydrogen or fruit juice[5].
Key Components
- Ascorbate Anion: The solution contains 300 to 2000 mmol per liter of ascorbate anion, which is crucial for its cleansing properties.
- Preservative Agents: Included to extend the shelf life of the solution.
- Flavorings: Optional additives to improve the taste and make the solution more palatable.
- Other Additives: Such as hydrogen or fruit juice, which may enhance the solution's effectiveness or user experience.
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically outline the essential features of the colon cleansing solution, such as the concentration of ascorbate anion and the presence of other components.
Dependent Claims
Dependent claims further specify the invention by adding additional limitations or features to the independent claims. For example, dependent claims might detail specific concentrations of ascorbate anion, types of preservative agents, or particular flavorings used.
Claim Scope
The scope of the claims is critical in determining the patent's breadth and what would be considered an infringement. The claims must be specific enough to define the invention but broad enough to cover variations that are essentially the same.
Patent Landscape
Prior Art
The patent landscape includes an analysis of prior art, which are existing inventions or publications that relate to the same field. For US10792306B2, prior art keywords include "cleansing solution," "ascorbic acid," "ascorbate," and "kit." This indicates that the patent builds upon existing knowledge in colon cleansing solutions but introduces a novel combination or concentration of ascorbate anion[5].
Global Dossier and International Patent Offices
To understand the global reach of this patent, one can use resources like the Global Dossier provided by the USPTO. This service allows users to see the patent family for a specific application, including related applications filed at participating IP Offices. This can help in identifying whether similar patents have been filed or granted in other countries[1].
Common Citation Document (CCD)
The CCD application consolidates prior art cited by all participating offices for the family members of a patent application. This tool is useful in visualizing the search results for the same invention produced by several offices on a single page, which can be crucial in assessing the novelty and non-obviousness of the invention[1].
Search and Examination Process
Patent Public Search
The Patent Public Search tool, which replaced legacy search tools like PubEast and PubWest, provides enhanced access to prior art. This tool can be used to search for similar patents and understand the competitive landscape[1].
Patent Examination Data System (PEDS)
The PEDS allows public users to search, view, and download bibliographic data for all publicly available patent applications. This can provide insights into the examination process and the outcomes of similar patent applications[1].
Economic and Statistical Analysis
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset can provide detailed information on claims from US patents and applications. This dataset can help in analyzing the scope and trends of patent claims in the medical field, including those related to colon cleansing solutions[3].
Allowance Rates and Continuation Procedures
Understanding the probability of receiving a US patent and the use of continuation procedures can offer insights into the patent's strength and the challenges faced during the examination process. Studies have shown that continuation procedures, such as Requests for Continued Examination (RCEs), are common and can affect the allowance rates of patent applications[4].
Industry Expert Insights
Industry experts often highlight the importance of thorough patent searches and the need to understand the broader patent landscape. For example, experts might emphasize the use of tools like the Global Dossier and CCD to ensure that the invention is novel and non-obvious on a global scale.
Illustrative Statistics
- Patent Allowance Rates: Studies have shown that the first-action allowance rate for utility patent applications can vary significantly. For instance, between 1996 and 2005, the first-action allowance rate ranged from about 10% to over 30% depending on the technology field[4].
- Continuation Procedures: Approximately 31% of progenitor applications utilized at least one continuation procedure, with RCEs being the most common type[4].
Examples and Analogies
To better understand the significance of this patent, consider an analogy: just as a precise recipe is crucial for a culinary dish, the specific concentration of ascorbate anion in this colon cleansing solution is vital for its effectiveness. This precision is what sets this patent apart from prior art and makes it valuable in the medical field.
Key Takeaways
- Novel Concentration: The patent introduces a novel concentration of ascorbate anion in colon cleansing solutions.
- Broader Landscape: Understanding the global patent landscape through tools like Global Dossier and CCD is essential.
- Economic Analysis: Analyzing patent claims and allowance rates can provide insights into the patent's strength and market potential.
- Industry Insights: Experts emphasize thorough patent searches and understanding the broader patent landscape.
FAQs
What is the main innovation of US Patent 10,792,306?
The main innovation is the specific concentration of ascorbate anion (300 to 2000 mmol per liter) in a colon cleansing solution, which enhances its efficacy and user comfort.
How can I search for similar patents globally?
You can use the Global Dossier service provided by the USPTO to see related applications filed at participating IP Offices. Additionally, databases from other international intellectual property offices, such as the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO), can be utilized[1].
What is the significance of the Common Citation Document (CCD)?
The CCD consolidates prior art cited by all participating offices for the family members of a patent application, allowing users to visualize search results on a single page and assess the novelty and non-obviousness of the invention[1].
How do continuation procedures affect patent allowance rates?
Continuation procedures, such as RCEs, can significantly affect patent allowance rates. For example, 19.5% of all applicants filed at least one RCE, which can extend the examination process and impact the final outcome[4].
Where can I find detailed information on patent claims and scope?
The USPTO's Patent Claims Research Dataset provides detailed information on claims from US patents and applications, including individually-parsed claims and claim-level statistics[3].
Cited Sources:
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- U.S. Patent and Trademark Office (USPTO) - USAGov: https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- Patent Claims Research Dataset - USPTO: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- What Is the Probability of Receiving a US Patent?: https://yjolt.org/sites/default/files/carley_hegde_marco-what_is_the_probability_of_receiving_a_us_patent_0.pdf
- US10792306B2 - Colonoscopy—preparation - Google Patents: https://patents.google.com/patent/US10792306B2/en
