Analyzing the Scope and Claims of United States Patent 8,524,773
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the intellectual property landscape effectively. This article provides a detailed analysis of the United States Patent 8,524,773, focusing on its claims, scope, and the broader patent landscape.
Overview of the Patent
US8524773B2 - Utilization of Dialkylfumarates
The United States Patent 8,524,773, titled "Utilization of dialkylfumarates," pertains to the use of specific dialkyl fumarates in the preparation of pharmaceutical preparations, particularly in transplantation medicine and the treatment of diseases such as multiple sclerosis[4].
Patent Claims
Independent and Dependent Claims
The patent includes both independent and dependent claims, which define the scope of the invention.
- Independent Claims: These claims stand alone and define the invention without reference to other claims. For US8524773B2, the independent claims focus on the specific compounds (dialkyl fumarates) and their use in pharmaceutical preparations.
- Dependent Claims: These claims refer back to and further limit the independent claims. They often provide additional details or specific embodiments of the invention, such as the formulation of the pharmaceutical preparations (e.g., tablets, capsules, granular material)[4].
Claim Language and Scope
The scope of the patent is determined by the language used in the claims. Research has shown that the length and count of independent claims can be significant metrics for measuring patent scope. Narrower claims, as measured by shorter lengths and fewer counts, are often associated with a higher probability of grant and a shorter examination process[3].
Patent Scope
Metrics for Measuring Scope
- Independent Claim Length: Shorter independent claims generally indicate a narrower scope, which can be beneficial for clarity and validity.
- Independent Claim Count: Fewer independent claims can suggest a more focused invention, reducing the likelihood of overly broad claims[3].
For US8524773B2, the claims are specific to the use of dialkyl fumarates in pharmaceutical preparations, indicating a relatively narrow scope focused on a particular application.
Examination Process
The examination process for patents can significantly impact the final scope of the claims. Studies have shown that the examination process tends to narrow the scope of patent claims, both in terms of claim length and count. This narrowing is more pronounced when the examination duration is longer[3].
Prior Art and Citations
Prior Art Keywords
The patent lists several prior art keywords, including "tablets," "micro," "fumaric acid," "graft," and "therapy." These keywords help in understanding the context and background of the invention[4].
Common Citation Document (CCD)
The Common Citation Document (CCD) application can provide insights into the prior art cited by various patent offices for the same invention. This tool consolidates citation data, enabling a comprehensive view of the prior art landscape for related patent applications[1].
International Patent Landscape
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 can help in understanding the global reach and status of similar patents[1].
International Patent Offices
To assess if similar ideas have been patented abroad, one can refer to searchable databases provided by international intellectual property offices such as the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
Practical Implications
Licensing and Litigation
The scope and claims of a patent can have significant implications for licensing and litigation. Narrower, well-defined claims can reduce licensing and litigation costs, as they provide clearer boundaries for the invention[3].
Innovation Incentives
The clarity and validity of patent claims can influence innovation incentives. Patents with overly broad claims can diminish these incentives due to increased costs associated with licensing and litigation[3].
Conclusion
Understanding the scope and claims of a patent, such as US8524773B2, is essential for navigating the complex landscape of intellectual property. By analyzing the claim language, examining the examination process, and considering the broader international patent landscape, one can gain a comprehensive view of the patent's significance and implications.
Key Takeaways
- Patent Claims: Independent and dependent claims define the scope of the invention.
- Patent Scope: Metrics such as independent claim length and count can measure the scope.
- Examination Process: The process tends to narrow the scope of claims.
- Prior Art: Understanding prior art keywords and citations is crucial.
- International Landscape: Global Dossier and international patent offices provide insights into global patent status.
- Practical Implications: Clear and valid claims can reduce licensing and litigation costs and maintain innovation incentives.
FAQs
Q: What is the main focus of United States Patent 8,524,773?
A: The main focus is on the use of dialkyl fumarates in pharmaceutical preparations, particularly in transplantation medicine and the treatment of diseases like multiple sclerosis.
Q: How do independent and dependent claims differ?
A: Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims.
Q: What metrics are used to measure patent scope?
A: Metrics include independent claim length and independent claim count.
Q: How does the examination process affect patent claims?
A: The examination process tends to narrow the scope of patent claims, both in terms of claim length and count.
Q: What is the Global Dossier service?
A: The Global Dossier service provides access to the file histories of related applications from participating IP Offices, allowing users to view the patent family for a specific application.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- US Courts - Report on Filing Patent/Trademark: https://www.uscourts.gov/forms-rules/forms/report-filing-patent-trademark
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents - US8524773B2: https://patents.google.com/patent/US8524773B2/en
- Unified Patents Portal - WO-2005044272-A1: https://portal.unifiedpatents.com/patents/patent/WO-2005044272-A1
