Analyzing the Scope and Claims of United States Patent 10,124,079: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the specifics of United States Patent 10,124,079, titled "Imaging of metastatic or recurrent cancer," and provide a detailed analysis of its scope and claims.
Overview of the Patent
Patent Number and Title
United States Patent 10,124,079, titled "Imaging of metastatic or recurrent cancer," was granted on July 6, 2017. This patent pertains to a method and system for imaging metastatic or recurrent cancer using specific imaging techniques and agents[4].
The Inventors and Assignees
Inventor Information
The patent lists the inventors who developed the method and system for imaging metastatic or recurrent cancer. Understanding the inventors can provide insights into the expertise and background behind the invention.
Assignee Information
The assignee is the entity to which the patent rights have been transferred. Knowing the assignee can help in understanding the commercial and research interests behind the patent.
Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims build upon the independent claims and provide additional details or limitations.
- Independent Claims: These claims define the core invention. For example, Claim 1 might describe the overall method of imaging metastatic or recurrent cancer using a specific imaging agent.
- Dependent Claims: These claims refine the invention by adding specific details or limitations. For instance, Claim 2 might specify the type of imaging agent used or the particular steps involved in the imaging process[4].
Claim Scope and Breadth
The scope of the claims determines the extent of protection granted by the patent. Broad claims may cover a wider range of applications, while narrow claims may be more specific but less encompassing.
- Claim 1: This claim typically sets the broadest scope of the invention. For US10124079B2, it might include the general method of using a specific imaging agent to detect metastatic or recurrent cancer.
- Subsequent Claims: These claims narrow down the invention by adding specific details such as the type of imaging agent, the procedure for administration, or the analysis of the imaging data[4].
Prior Art and Citation Analysis
Prior Art Keywords
Prior art keywords help in understanding the existing knowledge in the field at the time of the patent application. For US10124079B2, keywords such as "PET," "FACBC," and "scan" indicate the relevance of positron emission tomography (PET) and specific imaging agents like FACBC (anti-1-amino-3-18F-fluorocyclobutane-1-carboxylic acid)[4].
Common Citation Document (CCD)
The Common Citation Document (CCD) consolidates prior art cited by multiple patent offices for the same invention. This tool can help in understanding how different offices view the prior art related to this patent[1].
Patent Landscape
Global Patent Family
Using tools like the Global Dossier, one can identify the patent family for a specific application, including all related applications filed at participating IP Offices. This helps in understanding the global reach and protection of the invention[1].
Office Actions and Citations
Office Action Indicators and citation data can provide insights into how the patent office viewed the novelty and non-obviousness of the invention. This information can be accessed through the Global Dossier and CCD applications[1].
Practical Applications and Impact
Clinical Use
The patent describes a method for imaging metastatic or recurrent cancer, which has significant clinical implications. Understanding how this method is applied in real-world scenarios can help in assessing its impact on healthcare.
Research and Development
The invention may also influence ongoing research in cancer imaging. Analyzing the claims and scope can help researchers understand what aspects of the invention are protected and how they can build upon or differentiate their own work.
Economic and Legal Considerations
Patent Scope Measurements
The USPTO's Patent Claims Research Dataset provides detailed information on claims and patent scope. This dataset can help in analyzing the economic and legal implications of the patent's scope and claims[3].
Small Claims Patent Court
The concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could impact how disputes related to this patent are resolved. Understanding the feasibility and structure of such a court can provide insights into potential legal challenges[5].
Key Takeaways
- Claims Analysis: Understanding the independent and dependent claims is crucial for determining the scope of protection.
- Prior Art and Citation: Analyzing prior art keywords and using tools like CCD helps in understanding the existing knowledge and how different offices view the invention.
- Patent Landscape: Tools like Global Dossier and Office Action Indicators provide insights into the global reach and legal status of the patent.
- Practical Applications: The method described has significant clinical and research implications.
- Economic and Legal Considerations: Understanding patent scope measurements and potential legal frameworks like small claims patent courts is essential.
FAQs
Q: What is the main invention described in US10124079B2?
A: The main invention is a method and system for imaging metastatic or recurrent cancer using specific imaging agents.
Q: How can I access the prior art cited for this patent?
A: You can use the Common Citation Document (CCD) application to consolidate prior art cited by multiple patent offices.
Q: What tools can I use to understand the global patent family of this invention?
A: The Global Dossier service provides access to the file histories of related applications from participating IP Offices.
Q: How does the patent's scope affect its practical applications?
A: The scope of the claims determines what aspects of the method are protected, influencing both clinical use and ongoing research.
Q: What is the significance of the Patent Claims Research Dataset in analyzing this patent?
A: The dataset provides detailed information on claims and patent scope, helping in economic and legal analyses of the patent's impact.
