Analyzing the Scope and Claims of United States Patent 10,874,657: 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 will delve into the details of United States Patent 10,874,657, titled "Methods of Treating Fabry Patients Having Renal Impairment," and provide a thorough analysis of its claims and the broader patent landscape.
Patent Overview
Title and Assignees
United States Patent 10,874,657 is assigned to BPCr LP and Amicus Therapeutics Inc. The patent focuses on methods for treating Fabry patients, particularly those with renal impairment[5].
Priority Date and Grant Date
The priority date for this patent is May 30, 2017, indicating when the initial application was filed. The patent was granted on December 29, 2020.
Claims Analysis
Independent Claims
Independent claims are the core of a patent and define the invention in its broadest terms. For US Patent 10,874,657, the independent claims typically outline the specific methods of treatment for Fabry patients with renal impairment. These claims are critical as they set the boundaries of what is considered novel and non-obvious.
Dependent Claims
Dependent claims build upon the independent claims and provide more specific details or limitations. They often narrow down the scope of the invention but are still protected under the patent. Analyzing dependent claims helps in understanding the various embodiments and variations of the treatment methods.
Claim Structure
The claim structure includes the preamble, which introduces the subject matter, and the body, which describes the specific elements and steps of the method. For example, a claim might start with a broad statement about treating Fabry disease and then specify the particular compounds, dosages, and administration methods used.
Patent Scope
Technical Field
The patent falls within the technical field of pharmaceuticals and medical treatments, specifically targeting Fabry disease, a genetic disorder that results from the buildup of a particular type of fat in the body's cells.
Novelty and Non-Obviousness
To be granted, the patent must demonstrate novelty and non-obviousness. This means the methods described must be new and not obvious to someone skilled in the relevant art. The patent office would have evaluated whether the treatment methods presented are significantly different from existing treatments and whether they provide a substantial improvement.
Prior Art and Citation Analysis
Common Citation Document (CCD)
Using tools like the Common Citation Document (CCD) provided by the USPTO, one can consolidate prior art cited by all participating offices for the family members of a patent application. This helps in understanding the global patent landscape and how the current patent fits into it[1].
Global Dossier
The Global Dossier service allows users to see the patent family for a specific application, including all related applications filed at participating IP Offices. This can provide insights into how the invention has been protected globally and any variations or additional claims in different jurisdictions[1].
Patent Landscape
Global Patent Trends
The USPTO data indicates that the United States, the EU, and Japan dominate the patent landscape, with a significant portion of patents granted to inventors from these regions. However, emerging economies like South Korea, China, and India are also increasing their patenting activity[4].
Industry-Level Analysis
Patents in the pharmaceutical and biotechnology sectors are often held by large corporations and research institutions. Companies like IBM, Samsung, Canon, Qualcomm, and Google are among the top patent holders, although the pharmaceutical sector has its own set of leading players like Amicus Therapeutics Inc.[4].
Economic and Legal Implications
Patent Protection and Disclosure
Patents provide a legal right to exclude others from making, using, offering for sale, or selling the invention for a limited time in exchange for public disclosure of the technical information. This balance between protection and disclosure is crucial for innovation and economic growth[4].
Small Claims Patent Court
There have been discussions and studies on the feasibility of a small claims patent court to address the high costs and complexities associated with patent litigation. This could have significant implications for smaller inventors and businesses seeking to protect their intellectual property[2].
Search and Analysis Tools
Patent Public Search
Tools like the Patent Public Search application provided by the USPTO offer enhanced access to prior art and help in conducting thorough patent searches. This is essential for understanding the existing patent landscape and ensuring that new inventions are novel and non-obvious[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs provide training and resources for patent search techniques, which can be invaluable for inventors and researchers looking to analyze and understand patent claims and scope[1].
Data and Statistics
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents and patent applications. This dataset can be used to analyze trends and statistics related to patent scope and claims, offering insights into the broader patent landscape[3].
Key Takeaways
- Patent Claims: Understanding the independent and dependent claims is crucial for defining the scope of the invention.
- Prior Art: Analyzing prior art using tools like CCD and Global Dossier helps in understanding the global patent landscape.
- Patent Landscape: The pharmaceutical sector is dominated by large corporations and research institutions, with emerging economies increasing their patenting activity.
- Economic Implications: Patents balance protection with public disclosure, driving innovation and economic growth.
- Search Tools: Utilizing tools like Patent Public Search and PTRCs is essential for thorough patent analysis.
FAQs
Q: What is the primary focus of United States Patent 10,874,657?
A: The primary focus is on methods for treating Fabry patients, particularly those with renal impairment.
Q: How can one analyze the prior art for a patent?
A: Using tools like the Common Citation Document (CCD) and Global Dossier can help consolidate and analyze prior art cited by various patent offices.
Q: What is the significance of the Patent Claims Research Dataset?
A: The dataset provides detailed information on claims from U.S. patents and patent applications, offering insights into trends and statistics related to patent scope and claims.
Q: Why is it important to understand the patent landscape globally?
A: Understanding the global patent landscape helps in identifying how an invention is protected across different jurisdictions and how it fits into the broader context of innovation.
Q: What are the economic implications of patent protection?
A: Patent protection provides a balance between excluding others from using the invention and publicly disclosing the technical information, which drives innovation and economic growth.
Sources
- USPTO: Search for patents - USPTO. Retrieved from https://www.uspto.gov/patents/search
- ACUS: U.S. Patent Small Claims Court. Retrieved from https://www.acus.gov/research-projects/us-patent-small-claims-court
- USPTO: Patent Claims Research Dataset. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- NSF: Chapter 8 - Invention, Knowledge Transfer, and Innovation. Retrieved from https://www.nsf.gov/statistics/2018/nsb20181/report/sections/invention-knowledge-transfer-and-innovation/invention-united-states-and-comparative-global-trends
- Unified Patents Portal: WO-2019157047-A1. Retrieved from https://portal.unifiedpatents.com/patents/patent/WO-2019157047-A1
