Understanding the Scope and Claims of United States Patent 10,093,654
Introduction to Patents and Patent Scope
A patent is a property right granted to an inventor by the U.S. government, allowing the inventor to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States[5].
Overview of United States Patent 10,093,654
United States Patent 10,093,654, titled "Therapeutically active compounds and their methods of use," discloses methods for treating advanced hematologic malignancies such as acute myelogenous leukemia (AML) and myelodysplastic syndrome (MDS)[4].
Patent Claims: The Heart of Patent Protection
Importance of Claims
The claims in a patent application are crucial as they define the scope of the patent's protection. These claims must be clear, concise, and fully supported by the specification and drawings included in the patent application[5].
Claims in US Patent 10,093,654
The patent claims in US 10,093,654 are focused on specific therapeutically active compounds and their methods of use. Here are some key aspects:
- Compound Definitions: The patent describes various forms of a compound, such as Form 10, Form 11, Form 12, and Form 13 of compound 1. Each form is detailed in the examples section and represented by data shown in figures[4].
- Methods of Use: The claims include methods for treating hematologic malignancies using these compounds. This involves specific dosages, administration routes, and therapeutic regimens.
- Novelty and Non-obviousness: The claims must meet the criteria of being novel, non-obvious, and useful, as defined by U.S. patent laws[5].
Patent Scope and Its Measurement
Metrics for Measuring Patent Scope
Patent scope can be measured using various metrics, such as independent claim length and independent claim count. These metrics help in assessing the breadth and clarity of the patent claims[3].
Application to US Patent 10,093,654
- Claim Length and Count: The patent's claims would be analyzed for their length and count to determine the scope. Narrower claims, as indicated by shorter lengths and fewer counts, are often associated with a higher probability of grant and a shorter examination process[3].
- Breadth of Protection: The scope of the patent would be evaluated based on the breadth of the claims, ensuring they are not overly broad or vague, which could lead to licensing and litigation issues.
Patent Landscape and Technology Areas
Classification and Technology Areas
Patents are classified into various technology areas to analyze trends and focus areas. The USPTO uses the World Intellectual Property Organization (WIPO) classification system, which includes 35 International Patent Classification (IPC) technical fields[1].
Relevance to US Patent 10,093,654
- Chemical and Pharmaceutical Patents: This patent falls under the chemistry and pharmaceutical technology areas. The increase in patents in these fields reflects the growing focus on medical and therapeutic innovations.
- Global Trends: The patent landscape in the U.S. and globally shows a significant rise in patents related to health sciences and biotechnology, indicating a strong research and development focus in these areas[1].
Patent Application and Prosecution Process
Filing and Prosecution
The patent application process involves filing a non-provisional or provisional application, followed by a review by a patent examiner. The examiner checks for compliance with legal requirements, conducts a prior art search, and determines if the claimed invention is useful, novel, and non-obvious[5].
Application to US Patent 10,093,654
- Filing Type: The patent was likely filed as a non-provisional utility patent application, given its detailed specification and claims.
- Examination Process: The patent examiner would have reviewed the application, including the claims, to ensure they meet the statutory requirements. Any rejections or objections would have been addressed through Office Actions and subsequent responses from the applicant or their attorney.
Key Takeaways
- Claims Define Scope: The claims in US Patent 10,093,654 are critical in defining the scope of protection for the therapeutically active compounds and their methods of use.
- Metrics for Scope: Metrics such as claim length and count can help assess the breadth and clarity of the patent claims.
- Technology Area: The patent falls under the chemistry and pharmaceutical technology areas, reflecting the growing focus on medical innovations.
- Application and Prosecution: The patent went through a rigorous application and examination process to ensure it meets the legal requirements for patentability.
FAQs
What is the primary focus of US Patent 10,093,654?
The primary focus of US Patent 10,093,654 is on therapeutically active compounds and their methods of use for treating advanced hematologic malignancies.
How are patent claims measured for scope?
Patent claims can be measured for scope using metrics such as independent claim length and independent claim count.
What technology area does US Patent 10,093,654 fall under?
US Patent 10,093,654 falls under the chemistry and pharmaceutical technology areas.
What is the significance of the USPTO's classification system?
The USPTO's classification system, based on WIPO's 35 IPC technical fields, helps in analyzing trends and focus areas in patent filings.
Why are prior art searches important in the patent application process?
Prior art searches are crucial to determine if the invention has been previously disclosed, ensuring that the invention is novel and non-obvious.
Sources
- Invention: U.S. and Comparative Global Trends - National Science Foundation
- U.S. Patent and Trademark Office (USPTO) | USAGov
- Patent Claims and Patent Scope - SSRN
- Therapeutically active compounds and their methods of use - Google Patents
- Patents | The Maryland People's Law Library
