United States Patent 11,241,382: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 11,241,382, titled "New administration regimens of the T4 thyroid hormone," presents a significant innovation in the field of endocrinology, particularly in the administration of thyroid hormones. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Background and Invention
The patent describes new administration regimens for T4 (thyroxine) thyroid hormone, characterized by the use of alcohol-free, water-glycerol solutions. This innovation is crucial for patients who require thyroid hormone replacement therapy, as it offers a more stable and potentially more effective delivery method[2].
Scope of the Patent
Claim Structure
The patent includes a series of claims that define the scope of the invention. These claims typically include independent and dependent claims, each specifying different aspects of the invention.
- Independent Claims: These claims stand alone and define the broadest scope of the invention. For example, Claim 1 might describe the composition of the alcohol-free, water-glycerol solution of T4 thyroid hormone.
- Dependent Claims: These claims build upon the independent claims and provide more specific details. For instance, a dependent claim might specify the concentration of T4 in the solution or the method of administration[2].
Metrics for Measuring Patent Scope
The scope of a patent can be measured using various metrics, such as independent claim length and independent claim count. Research has shown that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Claims Analysis
Independent Claim Length
The length of independent claims can indicate the complexity and breadth of the invention. Shorter independent claims often suggest a more focused and narrower scope, which can be beneficial in terms of clarity and enforceability.
Independent Claim Count
The number of independent claims can also reflect the scope of the patent. Fewer independent claims may indicate a more streamlined and specific invention, while multiple independent claims could suggest a broader and more complex invention.
Patent Landscape
Related Patents and Prior Art
To understand the patent landscape, it is essential to identify related patents and prior art. Tools such as the USPTO's Patent Public Search, Global Dossier, and the Common Citation Document (CCD) can be used to search for prior art and related patents. For instance, searching through the European Patent Office's esp@cenet or the World Intellectual Property Organization's PATENTSCOPE can provide insights into international filings related to thyroid hormone administration[4].
Patent Family and Continuations
The patent in question may be part of a larger patent family, including continuations, continuations-in-part, or divisional applications. Analyzing these related patents can provide a comprehensive view of the inventor's strategy and the evolution of the invention. For example, if there are continuations or continuations-in-part, these might indicate additional claims or improvements to the original invention[1].
Expiration and Patent Term Adjustment
Understanding the expiration date and any Patent Term Adjustments (PTA) is crucial for determining the patent's lifespan. PTA can extend the patent term due to delays during the prosecution process. However, as seen in cases like In re Cellect, the interaction between PTA and obviousness-type double patenting (ODP) can be complex and may affect the patent's validity and term[1].
International Patent Landscape
Global Filings
The invention described in US Patent 11,241,382 may have been filed in other jurisdictions as well. Searching international patent databases such as those provided by the European Patent Office, Japan Patent Office, or the World Intellectual Property Organization can reveal global filings and the international scope of the patent[4].
Harmonization and Citation Data
Tools like the Common Citation Document (CCD) help in consolidating prior art cited by multiple offices, providing a unified view of the global patent landscape. This is particularly useful for understanding how different patent offices have treated similar inventions[4].
Litigation and Enforcement
Obviousness-Type Double Patenting (ODP)
ODP is a critical issue in patent law that prevents an inventor from securing a second, later-expiring patent for an invention covered by a patent that was filed at the same time but has a different patent term due to a grant of PTA. This was a key point in the In re Cellect case, where the court affirmed the rejection of claims due to ODP[1].
Patent Quality and Validity
The quality and validity of the patent are essential for its enforceability. Metrics such as patent maintenance payments, forward citations, and the breadth of patent classes can indicate the patent's strength and impact. Narrower claims at publication are often associated with higher patent quality and a shorter examination process[3].
Key Takeaways
- Innovation in Administration: The patent introduces a new method of administering T4 thyroid hormone using alcohol-free, water-glycerol solutions.
- Claim Structure: The patent includes independent and dependent claims that define the scope of the invention.
- Patent Scope Metrics: Independent claim length and count are important metrics for measuring the patent's scope.
- Global Landscape: The patent may be part of a larger global filing strategy, and tools like CCD can help in understanding the international patent landscape.
- Litigation and Enforcement: ODP and patent quality metrics are crucial for the patent's validity and enforceability.
FAQs
Q: What is the main innovation described in US Patent 11,241,382?
A: The main innovation is the use of alcohol-free, water-glycerol solutions for administering T4 thyroid hormone.
Q: How can the scope of a patent be measured?
A: The scope can be measured using metrics such as independent claim length and independent claim count.
Q: What is the significance of Patent Term Adjustment (PTA) in patent law?
A: PTA can extend the patent term due to delays during the prosecution process but can also interact complexly with ODP.
Q: How can one search for related patents and prior art?
A: Tools such as the USPTO's Patent Public Search, Global Dossier, and CCD can be used to search for related patents and prior art.
Q: Why is obviousness-type double patenting (ODP) important in patent law?
A: ODP prevents an inventor from securing a second, later-expiring patent for an invention covered by a patent that was filed at the same time but has a different patent term due to a grant of PTA.
Sources
- In re Cellect - United States Court of Appeals for the Federal Circuit, August 28, 2023.
- US-11241382-B2 - Unified Patents Portal.
- Patent Claims and Patent Scope - SSRN, September 29, 2016.
- Search for patents - USPTO.
