Detailed Analysis of the Scope and Claims of United States Patent 11,077,098
Introduction
United States Patent 11,077,098, titled "Opioid receptor ligands and methods of using and making same," is a patent that describes compounds acting as opioid receptor ligands and their applications, particularly in the treatment of pain. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Number and Authority
The patent number is US11077098B2, issued by the United States Patent and Trademark Office (USPTO)[4].
Invention Description
The patent describes compounds that act as opioid receptor ligands, which can be used in the treatment of pain and other related conditions. These compounds are detailed in terms of their chemical structure, synthesis methods, and therapeutic applications.
Scope of the Patent
Claims
The patent includes multiple claims that define the scope of the invention. These claims can be categorized into several types:
- Independent Claims: These claims stand alone and define the broadest scope of the invention. For example, Claim 1 might describe a general class of opioid receptor ligands.
- Dependent Claims: These claims build upon the independent claims and provide more specific details about the invention. For instance, a dependent claim might specify a particular chemical structure or a method of synthesis.
- Method Claims: These claims describe the methods of using and making the opioid receptor ligands. For example, methods for treating pain using these compounds are outlined[4].
Prior Art and Novelty
The patent must demonstrate novelty and non-obviousness over prior art. The prior art keywords listed include terms like "ethyl," "amine," "oxaspiro," and "decan," indicating that the invention is distinct from existing opioid receptor ligands[4].
Claims Analysis
Claim Structure
The claims are structured to ensure that the invention is clearly defined and distinguishable from prior art. Here is a breakdown of what the claims might include:
- Compound Claims: These claims describe the specific chemical compounds that act as opioid receptor ligands.
- Example: "A compound of formula I, wherein R1 is an ethyl group and R2 is an amine group."
- Method Claims: These claims outline the methods for synthesizing and using the compounds.
- Example: "A method of treating pain, comprising administering a compound of formula I to a patient in need thereof."
- Use Claims: These claims specify the therapeutic uses of the compounds.
- Example: "A method of treating opioid addiction, comprising administering a compound of formula I to a patient in need thereof"[4].
Claim Dependency
Dependent claims are used to narrow down the scope of the invention and provide additional specificity. For instance, a dependent claim might specify a particular dosage or administration route.
Patent Landscape
International Patent Family
To understand the global reach of this patent, it is essential to look at the patent family. Using tools like the Global Dossier provided by the USPTO, one can see related applications filed at participating IP Offices, including the dossier, classification, and citation data for these applications[1].
Competing Patents
The patent landscape in the field of opioid receptor ligands is complex, with numerous patents from various entities. Conducting a thorough search using databases like the USPTO's Patent Public Search, European Patent Office's esp@cenet, and the World Intellectual Property Organization's PATENTSCOPE can help identify competing patents and potential infringement risks[1].
Citation Data
The Common Citation Document (CCD) application can provide a consolidated view of prior art cited by all participating offices for the family members of this patent application. This helps in understanding the broader context and potential challenges to the patent's validity[1].
Economic and Legal Implications
Economic Impact
The economic impact of this patent can be significant, given the high demand for effective pain management solutions. The Patent Claims Research Dataset provided by the USPTO can offer insights into the economic trends and scope measurements of similar patents, helping to gauge the potential market value of this invention[3].
Legal Considerations
The patent is presumed valid under 35 USC 282, but it can still face challenges. Defenses against patent infringement claims include arguing that the patent is invalid due to lack of novelty, non-obviousness, or other grounds. Understanding these legal considerations is crucial for both the patent holder and potential infringers[5].
Key Takeaways
- Scope and Claims: The patent defines specific opioid receptor ligands and their methods of use and synthesis.
- Patent Landscape: The global patent family and competing patents need to be considered to understand the full scope of protection and potential risks.
- Economic and Legal Implications: The patent has significant economic potential and must be defended against legal challenges.
FAQs
Q: What is the main subject of United States Patent 11,077,098?
A: The main subject is opioid receptor ligands and their methods of use and synthesis, particularly for treating pain.
Q: How can one search for related patents globally?
A: Using tools like the Global Dossier and international patent databases such as the European Patent Office's esp@cenet and the World Intellectual Property Organization's PATENTSCOPE.
Q: What is the significance of dependent claims in a patent?
A: Dependent claims provide additional specificity and narrow down the scope of the invention, building upon the independent claims.
Q: How is the validity of a patent presumed under U.S. law?
A: A patent is presumed valid under 35 USC 282, but this presumption can be challenged based on grounds such as lack of novelty or non-obviousness.
Q: What resources can be used to analyze the economic impact of a patent?
A: Resources like the Patent Claims Research Dataset provided by the USPTO can offer insights into economic trends and scope measurements of similar patents.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US11077098B2: https://patents.google.com/patent/US11077098B2/en
- 35 USC 282: Presumption of validity; defenses: https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-1994-title35-section282&num=0&edition=1994
