United States Patent 11,191,766: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 11,191,766, titled "Methods of treating pediatric cancers," is a significant patent in the field of oncology, particularly focusing on pediatric cancer treatments. 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 US11191766B2, was granted by the United States Patent and Trademark Office (USPTO) and is currently active[4].
Invention Description
The patent describes methods for treating pediatric cancers by administering a therapeutically effective amount of a specific compound. The invention targets various types of pediatric cancers, including but not limited to childhood malignant neoplasms, acute lymphoblastic leukemia, and other related diseases[4].
Scope of the Invention
Technical Field
The invention falls within the technical field of oncology, specifically pediatric oncology. It involves the use of therapeutic compounds to treat cancer in pediatric patients.
Prior Art
The patent acknowledges prior art in the field of cancer treatment, particularly focusing on the use of kinase inhibitors. However, the specific method and compound described in this patent are novel and distinct from existing treatments[4].
Claims Analysis
Claim Structure
The claims in this patent are structured to define the method of treatment, the compounds used, and the specific conditions under which the treatment is administered. The claims must be anchored to the embodiments described in the specification to avoid being overly broad and risking invalidation[3].
Claim Scope
The claim scope is critical in defining the protection offered by the patent. While broader claims may seem desirable, they are more difficult to get granted and easier to invalidate. The claims in this patent are carefully crafted to balance breadth with specificity, ensuring they are supported by the detailed description in the specification[3].
Key Claim Elements
- Therapeutic Compounds: The patent specifies the use of particular compounds, such as those targeting the NTRK1, NTRK2, and NTRK3 genes.
- Administration Methods: The claims detail the methods of administering these compounds, including the formulation and dosage.
- Targeted Diseases: The claims are limited to specific pediatric cancers, ensuring the invention is not overly broad and thus more likely to be valid[4].
Patent Landscape
Related Patents
The patent landscape in pediatric cancer treatment is complex, with numerous patents covering various aspects of cancer therapy. Other patents, such as those related to macrocyclic trk kinase inhibitors, also target similar pathways but may differ in their specific compounds or methods of administration[5].
International Patent Offices
To understand the global patent landscape, it is essential to search international patent databases. Resources like the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) provide access to international patent applications and granted patents, helping to identify prior art and related inventions globally[1].
Common Citation Document (CCD)
The Common Citation Document (CCD) application can be useful in consolidating prior art cited by multiple patent offices for the same invention, providing a comprehensive view of the global patent landscape for this specific technology[1].
Search and Analysis Tools
USPTO Resources
The USPTO offers several tools for searching and analyzing patents, including the Patent Public Search tool, Global Dossier, and the Patent Examination Data System (PEDS). These resources are crucial for conducting thorough searches and understanding the prior art and related patents[1].
Public Search Facility and PTRCs
The USPTO Public Search Facility and Patent and Trademark Resource Centers (PTRCs) provide additional resources and trained staff to assist in patent searches and analysis[1].
Legal Considerations
Abstract Idea Exception
The claims in this patent must avoid the abstract idea exception, as defined by the Supreme Court in Alice v. CLS Bank. This means the claims should be specific and tied to the embodiments described in the specification, rather than being overly broad and general[3].
Written Description Requirement
The claims must also meet the written description requirement, ensuring that the scope of the claims is supported by the detailed description in the specification. Failure to meet this requirement can lead to invalidation of the patent[3].
Industry Impact
Therapeutic Advancements
This patent represents a significant advancement in the treatment of pediatric cancers, offering new therapeutic options for patients. The specific compounds and methods described have the potential to improve treatment outcomes and quality of life for pediatric cancer patients.
Economic and Social Implications
The patent also has economic and social implications, as it can influence the development of new treatments and the allocation of resources in the healthcare sector. The protection offered by the patent can incentivize further research and investment in this area.
Key Takeaways
- Specific Claims: The claims in US11191766B2 are carefully crafted to balance breadth with specificity, ensuring they are supported by the detailed description in the specification.
- Therapeutic Compounds: The patent specifies the use of particular compounds targeting the NTRK1, NTRK2, and NTRK3 genes.
- Global Patent Landscape: Understanding the global patent landscape through tools like CCD and international patent databases is crucial for identifying prior art and related inventions.
- Legal Considerations: The claims must avoid the abstract idea exception and meet the written description requirement to ensure validity.
FAQs
Q: What is the main focus of United States Patent 11,191,766?
A: The main focus is on methods for treating pediatric cancers using specific therapeutic compounds.
Q: How important is the claim scope in a patent application?
A: The claim scope is crucial as it defines the protection offered by the patent. It must be balanced between breadth and specificity to avoid invalidation.
Q: What tools can be used to search and analyze patents related to this invention?
A: Tools such as the USPTO's Patent Public Search, Global Dossier, and the Patent Examination Data System (PEDS) are useful for searching and analyzing patents.
Q: Why is it important to avoid the abstract idea exception in patent claims?
A: Avoiding the abstract idea exception ensures that the claims are specific and tied to the embodiments described in the specification, preventing invalidation due to being overly broad.
Q: How does this patent impact the healthcare sector?
A: This patent can influence the development of new treatments, improve treatment outcomes, and affect the allocation of resources in the healthcare sector.
Sources
- USPTO - Search for patents - USPTO
- Unified Patents - EA-009517-B1 - Pyrazolopyrimidines
- Rimon Law - The Importance of Getting the Claim Scope Right in a US Patent Application
- Google Patents - US11191766B2 - Methods of treating pediatric cancers
- PubChem - Formulations of a macrocyclic trk kinase inhibitor - Patent US-2019247398-A1
