Analyzing the Scope and Claims of United States Patent 10,933,147
Introduction
United States Patent 10,933,147, titled "Imaging of metastatic or recurrent cancer," is a significant patent in the field of medical diagnostics, particularly in the area of cancer imaging. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Number and Authority
The patent, numbered US10,933,147B2, was granted by the United States Patent and Trademark Office (USPTO)[4].
Scope of the Patent
The patent pertains to methods and compositions for imaging metastatic or recurrent cancer using the radioactive tracer [18F]-FACBC (fluorine-18 labeled anti-1-amino-3-fluorocyclobutane-1-carboxylic acid).
Key Aspects
- Administration Protocol: The patent describes a specific administration protocol for [18F]-FACBC, including the timing and method of administration, such as intravenous administration[4].
- Imaging Techniques: The patent outlines the use of PET/MRI or PET/CT scanners for acquiring images, which can offer improved diagnostic accuracy compared to separate instruments[4].
- Scanning Parameters: The scanning process starts at the proximal thigh and may continue to the base of the skull, with the scan completed within 30 minutes of tracer administration to maximize the signal-to-noise ratio[4].
Claims
The patent includes several claims that define the scope of the invention.
Independent Claims
- Method Claims: These claims describe the method of diagnosing or monitoring metastatic cancer by administering [18F]-FACBC and using imaging techniques to visualize the cancer[4].
- Composition Claims: These claims cover the kits for imaging, diagnosing, or monitoring metastatic cancer, which include the [18F]-FACBC tracer and administration instructions[4].
Dependent Claims
- Specific Administration Methods: These claims detail specific aspects of the administration protocol, such as the timing and route of administration[4].
- Image Acquisition: These claims specify the use of particular imaging modalities like PET/MRI or PET/CT scanners[4].
Patent Scope Metrics
The scope of a patent can be measured using various metrics, such as independent claim length and independent claim count. These metrics are often used to assess the breadth and clarity of the patent claims.
Independent Claim Length
Longer independent claims can indicate a more detailed and specific invention, potentially reducing the breadth of the patent. In the case of US10,933,147, the independent claims are detailed but focused on the specific method and composition, suggesting a balanced scope[3].
Independent Claim Count
A higher number of independent claims can indicate a broader patent scope. However, if the claims are narrowly focused, as in this patent, it suggests a more targeted invention rather than an overly broad one[3].
Prior Art and Citations
The patent cites several prior art references related to cancer imaging and the use of radioactive tracers. The Common Citation Document (CCD) application, which consolidates prior art cited by multiple patent offices, would be useful in understanding the global prior art landscape for this invention[1].
International Patent Landscape
To understand the global patent landscape, it is essential to search international patent databases.
Searchable Databases
- European Patent Office (EPO): esp@cenet provides access to Europe's patent databases and machine translations for some languages[1].
- World Intellectual Property Organization (WIPO): PATENTSCOPE® Search Service offers full-text search of published international patent applications and machine translations for some documents[1].
Patent Family and Global Dossier
The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This service is crucial for understanding the global reach and status of the patent[1].
Legal and Policy Considerations
The legal and policy environment surrounding patents, especially in the context of small claims courts, is an area of ongoing study and debate.
Small Claims Patent Court
Studies by the Administrative Conference of the United States (ACUS) have explored the feasibility and structure of a small claims patent court, which could impact how patent disputes related to inventions like US10,933,147 are resolved[5].
Practical Implications
The practical implications of this patent are significant in the medical field.
Diagnostic Accuracy
The use of [18F]-FACBC and advanced imaging techniques can improve diagnostic accuracy for metastatic or recurrent cancer, leading to better patient outcomes[4].
Cost and Time Efficiency
The method described in the patent aims to balance time and cost efficiency, making it a valuable contribution to medical diagnostics[4].
Key Takeaways
- Specific Method and Composition: The patent is focused on a specific method of imaging metastatic or recurrent cancer using [18F]-FACBC.
- Advanced Imaging Techniques: The use of PET/MRI or PET/CT scanners enhances diagnostic accuracy.
- Global Patent Landscape: Understanding the global patent family and prior art is crucial for navigating the intellectual property landscape.
- Legal and Policy Considerations: The patent's scope and claims must be considered within the broader legal and policy framework, including potential small claims patent courts.
FAQs
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What is the primary focus of United States Patent 10,933,147?
- The primary focus is on methods and compositions for imaging metastatic or recurrent cancer using the radioactive tracer [18F]-FACBC.
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How is [18F]-FACBC administered according to the patent?
- The patent describes intravenous administration of [18F]-FACBC, with scanning completed within 30 minutes to maximize the signal-to-noise ratio.
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What imaging techniques are recommended in the patent?
- The patent recommends using PET/MRI or PET/CT scanners for acquiring images.
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How can one search for related international patents?
- One can use databases such as esp@cenet (EPO), PATENTSCOPE® (WIPO), and other international patent offices' databases.
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What are the potential legal implications of this patent?
- The patent's scope and claims could be impacted by legal and policy developments, such as the establishment of a small claims patent court.
Sources
- USPTO - Search for patents
- USA.gov - U.S. Patent and Trademark Office (USPTO)
- SSRN - Patent Claims and Patent Scope
- Google Patents - US10933147B2
- ACUS - U.S. Patent Small Claims Court
