Analyzing the Scope and Claims of United States Patent 10,391,160
Introduction
United States Patent 10,391,160, titled "Dimethyl fumarate and vaccination regimens," is a patent that outlines a method for treating or preventing multiple sclerosis (MS) in patients who receive a vaccine. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
The patent, issued to the assignee of the invention, describes a method involving the use of dimethyl fumarate (DMF) in conjunction with vaccination regimens. DMF is a known therapeutic agent used in the treatment of MS, and this patent explores its application in a specific context.
Scope of the Patent
The scope of the patent is defined by its claims, which are the legally binding descriptions of the invention. Here are some key aspects:
Independent Claims
The patent includes several independent claims that define the core of the invention. These claims typically describe the method of treating or preventing MS using DMF and vaccination regimens. For example:
- Claim 1: A method of treating or preventing multiple sclerosis in a subject who receives a vaccine, comprising administering a therapeutically effective amount of a fumarate agent selected from the group consisting of monomethyl fumarate, a compound that metabolizes into monomethyl fumarate in vivo, a deuterated analog thereof, a pharmaceutically acceptable salt thereof, and a combination thereof, and administering the vaccine during the period of DMF administration[4].
Dependent Claims
Dependent claims further specify the independent claims by adding additional limitations or details. These claims help to narrow down the scope and provide more specific embodiments of the invention.
Claim Language and Patent Scope
The language used in the claims is crucial for determining the patent's scope. Metrics such as independent claim length and independent claim count can provide insights into the breadth and clarity of the patent claims. Research suggests that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Classification and Prior Art
The patent is classified under various categories within the International Patent Classification (IPC) system:
- A61K31/215: Esters, e.g., nitroglycerine, selenocyanates of carboxylic acids.
- A61K31/22: Esters of acyclic acids.
- A61K39/00: Medicinal preparations containing antigens or antibodies[4].
Understanding these classifications helps in identifying prior art and similar inventions in the field.
Prior Art and Citation Data
The Common Citation Document (CCD) application, which consolidates prior art cited by participating IP offices, can be useful in assessing the novelty and non-obviousness of the invention. This tool helps in visualizing the search results for the same invention produced by several offices on a single page[1].
International Patent Landscape
To fully understand the patent landscape, it is essential to search international patent databases. Resources such as the European Patent Office's esp@cenet, the Japan Patent Office, and the World Intellectual Property Organization's PATENTSCOPE provide access to global patent data. This helps in identifying whether similar inventions have been patented abroad and in assessing the global reach of the patent[1].
Legal Status and Enforcement
The legal status of the patent, as indicated, is active, but this is subject to change based on various factors such as maintenance payments, litigation, or re-examination. The USPTO's Patent Examination Data System (PEDS) and other resources can provide updates on the patent's status and any relevant legal actions[1].
Potential for Litigation and Licensing
The breadth and clarity of the patent claims can impact the likelihood of litigation and licensing agreements. Broader claims may lead to increased licensing and litigation costs, as they can encompass a wider range of technologies and applications. Narrower claims, on the other hand, may reduce these risks but could also limit the patent's protective scope[3].
Small Claims Patent Court Considerations
In the context of potential disputes, the concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could provide a more streamlined and cost-effective resolution process for smaller-scale patent disputes. This could be particularly relevant for inventors and small businesses dealing with patent infringement or validity issues related to this patent[5].
Key Takeaways
- Scope and Claims: The patent's scope is defined by its claims, which specify the method of treating or preventing MS using DMF and vaccination regimens.
- Classification and Prior Art: The patent is classified under specific IPC categories, and prior art can be assessed using tools like the CCD application.
- International Landscape: Searching international patent databases is crucial for understanding the global patent landscape.
- Legal Status and Enforcement: The patent's legal status can change, and resources like PEDS can provide updates.
- Litigation and Licensing: The breadth and clarity of claims impact litigation and licensing risks.
FAQs
Q: What is the main invention described in US Patent 10,391,160?
A: The main invention is a method for treating or preventing multiple sclerosis in patients who receive a vaccine, using dimethyl fumarate (DMF) in conjunction with vaccination regimens.
Q: How are the claims structured in this patent?
A: The patent includes independent claims that define the core method, and dependent claims that add additional specifications and limitations.
Q: What tools can be used to assess the prior art for this patent?
A: Tools such as the Common Citation Document (CCD) application and international patent databases like esp@cenet and PATENTSCOPE can be used.
Q: What is the significance of the patent's classification?
A: The classification under IPC categories helps in identifying similar inventions and prior art in the field.
Q: How might the concept of a small claims patent court affect disputes related to this patent?
A: A small claims patent court could provide a more streamlined and cost-effective resolution process for smaller-scale patent disputes.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office: https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents - US10391160B2: https://patents.google.com/patent/US10391160B2/en
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
