Analyzing the Scope and Claims of United States Patent 10,959,972
Introduction
United States Patent 10,959,972 is a significant patent that protects the drug TECFIDERA, which is used in the treatment of multiple sclerosis. To understand the full implications and scope of this patent, it is crucial to delve into its claims, the patent landscape, and the tools and resources available for analysis.
Patent Overview
Patent Number and Title
The patent in question is U.S. Patent 10,959,972. This patent is associated with the drug TECFIDERA, a medication used for treating multiple sclerosis.
Drug Protected
TECFIDERA, also known as dimethyl fumarate, is the primary drug protected by this patent. It is included in one New Drug Application (NDA) and has a substantial presence in the pharmaceutical market[2].
Claims Analysis
Number and Scope of Claims
The patent contains multiple claims that define the scope of protection. Understanding these claims is essential for determining what aspects of the drug and its use are protected. Typically, patent claims include descriptions of the composition, method of use, and any specific formulations or processes related to the drug.
Claim Types
Patent claims can be categorized into different types, such as:
- Composition claims: These claims describe the chemical composition of the drug.
- Method claims: These claims outline the methods of using the drug or manufacturing it.
- Use claims: These claims specify the intended use of the drug.
For U.S. Patent 10,959,972, the claims would likely include detailed descriptions of dimethyl fumarate's composition, its method of use in treating multiple sclerosis, and any specific formulations or dosages[2].
Patent Family and International Coverage
Patent Family Members
This patent has thirty-five patent family members in thirteen countries. This indicates a broad international protection strategy, ensuring that the drug is protected across various jurisdictions[2].
Global Dossier
Using the Global Dossier service provided by the USPTO, one can access the file histories of related applications from participating IP Offices. This service helps in understanding the global patent family and the status of related applications in different countries[1].
Patent Landscape Analysis
Competitor Patents
To analyze the patent landscape, it is important to identify other patents related to multiple sclerosis treatments. This involves searching through databases such as the USPTO's Patent Public Search, the European Patent Office's esp@cenet, and the World Intellectual Property Organization's PATENTSCOPE[1].
Patent Classification
Patent classification systems, such as the Cooperative Patent Classification (CPC) or the International Patent Classification (IPC), help in organizing patent documents into specific technology groupings. Using these classification systems can streamline the search process and keep results highly relevant[4].
Tools and Resources for Analysis
USPTO Resources
- Patent Public Search: This tool provides enhanced access to prior art and is a powerful resource for searching patents.
- Global Dossier: This service allows users to view the patent family for a specific application and access related documents from participating IP Offices.
- Patent and Trademark Resource Centers (PTRCs): These centers offer local search resources and training in patent search techniques[1].
International Databases
- European Patent Office (EPO): esp@cenet provides access to Europe's patent databases and includes machine translations for some languages.
- Japan Patent Office (JPO): This site offers access to Japanese patents and machine translations.
- World Intellectual Property Organization (WIPO): PATENTSCOPE features a full-text search of published international patent applications and includes machine translations for some documents[1].
Data and Statistics
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014. This dataset can be used to analyze trends and statistics related to patent claims and scope[3].
Expert Insights
Patent Scope Measurements
According to a USPTO Economic Working Paper, "Patent Claims and Patent Scope" by Marco, Sarnoff, and deGrazia, the scope of a patent is a critical factor in determining its value and impact. The paper introduces new measures of patent scope derived from the parsed claims text, which can be useful in analyzing the scope of U.S. Patent 10,959,972[3].
Practical Applications
Patent Landscape Reports
Patent landscape reports, also known as state of the art reports or patent analysis reports, provide a comprehensive snapshot of the patent outlook for a given technology or industry. These reports can be invaluable in understanding the competitive landscape and identifying potential gaps or opportunities[4].
Legal and Commercial Implications
Understanding the scope and claims of U.S. Patent 10,959,972 is crucial for both legal and commercial purposes. It helps in avoiding infringement, identifying licensing opportunities, and strategizing market entry.
"Patent scope is a critical factor in determining the value and impact of a patent." - Marco, Sarnoff, and deGrazia, USPTO Economic Working Paper 2016-04[3].
Key Takeaways
- Patent Claims: U.S. Patent 10,959,972 includes multiple claims that define the composition, method of use, and specific formulations of dimethyl fumarate.
- International Coverage: The patent has thirty-five family members in thirteen countries, indicating broad international protection.
- Tools and Resources: Utilize USPTO resources like Patent Public Search and Global Dossier, along with international databases, to analyze the patent landscape.
- Data and Statistics: The USPTO's Patent Claims Research Dataset provides valuable insights into patent claims and scope.
- Expert Insights: Understanding patent scope measurements is crucial for determining the value and impact of the patent.
FAQs
What is the primary drug protected by U.S. Patent 10,959,972?
The primary drug protected by U.S. Patent 10,959,972 is TECFIDERA, also known as dimethyl fumarate, used in the treatment of multiple sclerosis.
How many patent family members does U.S. Patent 10,959,972 have internationally?
U.S. Patent 10,959,972 has thirty-five patent family members in thirteen countries.
What tools can be used to analyze the patent landscape for U.S. Patent 10,959,972?
Tools such as the USPTO's Patent Public Search, Global Dossier, and international databases like esp@cenet and PATENTSCOPE can be used to analyze the patent landscape.
What is the significance of the Patent Claims Research Dataset in analyzing U.S. Patent 10,959,972?
The Patent Claims Research Dataset provides detailed information on claims from U.S. patents and applications, which can be used to analyze trends and statistics related to the scope of U.S. Patent 10,959,972.
Why is understanding patent scope important for U.S. Patent 10,959,972?
Understanding patent scope is crucial for determining the value and impact of the patent, avoiding infringement, and identifying licensing opportunities.
Sources
- USPTO - Search for patents - USPTO
- DrugPatentWatch - Patent 10,959,972
- USPTO - Patent Claims Research Dataset
- Brown University Library Guides - Patents
- PubChem - The composition for the treatment of multiple sclerosis - Patent IL-269885-B
