Analyzing the Scope and Claims of United States Patent 10,172,874
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the intellectual property landscape. This article will provide a detailed analysis of the United States Patent 10,172,874, focusing on its claims, scope, and the broader patent landscape.
Patent Overview
US10172874B2 titled "Pharmaceutical compositions comprising cyclic boronic acid ester derivatives" discloses antimicrobial compounds, pharmaceutical compositions, and their preparation and use. Here is a brief overview of the patent:
- Publication Number: US10172874B2
- Authority: United States
- Prior Art Date: The patent application was filed on October 26, 2017[4].
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims are critical as they outline what is considered novel and non-obvious.
- Claim 1: Typically, the first independent claim is the broadest and sets the foundation for the invention. For US10172874B2, Claim 1 might describe a pharmaceutical composition comprising a specific cyclic boronic acid ester derivative, along with other components such as carriers or excipients[4].
Dependent Claims
Dependent claims narrow down the scope of the independent claims by adding additional limitations. These claims often provide more specific embodiments of the invention.
- Dependent Claims: These might include variations of the pharmaceutical composition, such as different formulations (e.g., tablets, capsules, solutions), specific dosages, or methods of administration[4].
Scope of the Invention
Pharmaceutical Compositions
The patent focuses on pharmaceutical compositions that include cyclic boronic acid ester derivatives. These compounds are described for their antimicrobial properties.
- Chemical Structure: The patent details the chemical structure of these derivatives, including specific substituents and functional groups. For example, the compound might include a carbocyclyl group or an alkyl group[4].
Use and Preparation
The scope also includes the use and preparation of these pharmaceutical compositions.
- Therapeutic Use: The patent might specify the therapeutic use of these compositions, such as treating bacterial infections.
- Preparation Methods: Detailed methods for synthesizing the cyclic boronic acid ester derivatives and formulating them into pharmaceutical compositions are provided[4].
Patent Landscape
Prior Art
Understanding the prior art is essential to determine the novelty and non-obviousness of the invention.
- Prior Art Keywords: Keywords such as "optionally substituted," "carbocyclyl," and "pharmaceutical composition" indicate the areas where prior art exists and how the current patent distinguishes itself[4].
International Patent Landscape
To fully understand the scope, it is important to look at international patent databases.
- Global Dossier: Using tools like the Global Dossier, one can see the patent family for this specific application, including related applications filed at participating IP Offices. This helps in identifying similar inventions globally[1].
Searchable Databases
Other international databases such as the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can be used to see if similar inventions have been patented abroad[1].
Legal Considerations
Presumption of Validity
Under U.S. law, each claim of a patent is presumed valid. This means that any challenge to the patent must overcome this presumption[5].
- Defenses: Defenses against patent infringement claims might include arguing that the patent is invalid due to lack of novelty, non-obviousness, or other grounds. However, the burden of proof lies with the challenger[5].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO provides datasets like the Patent Claims Research Dataset, which can be used to analyze trends and statistics related to patent claims. This dataset includes detailed information on claims from U.S. patents and can help in understanding the broader patent landscape[3].
- Trends and Statistics: Analyzing this dataset can reveal trends in patent scope and claims, helping researchers and businesses to make informed decisions about their own patent strategies[3].
Practical Applications
Pharmaceutical Industry
For the pharmaceutical industry, understanding the scope and claims of this patent is crucial for developing new antimicrobial treatments.
- Research and Development: Researchers can use the information provided in the patent to develop new compounds or improve existing ones, ensuring they do not infringe on the patented claims[4].
Key Takeaways
- Claims Analysis: Understanding the independent and dependent claims is essential to grasp the scope of the patent.
- Scope of the Invention: The patent covers specific pharmaceutical compositions, their use, and preparation methods.
- Patent Landscape: Reviewing prior art and international patent databases helps in understanding the novelty and global implications.
- Legal Considerations: The patent is presumed valid, and any challenges must overcome this presumption.
- Economic and Research Implications: Analyzing patent datasets can provide valuable insights into trends and strategies.
FAQs
Q: What is the main focus of United States Patent 10,172,874?
A: The main focus is on pharmaceutical compositions comprising cyclic boronic acid ester derivatives, particularly their antimicrobial properties.
Q: How can I determine if my invention infringes on this patent?
A: You need to carefully analyze the claims of the patent and compare them with your invention. If your invention falls within the scope of any claim, it may be considered an infringement.
Q: Where can I find more information about similar patents globally?
A: You can use tools like the Global Dossier and international patent databases such as the EPO, JPO, and WIPO to find related patents.
Q: What is the significance of the Patent Claims Research Dataset?
A: This dataset provides detailed information on claims from U.S. patents, helping in trend analysis and strategic decision-making.
Q: How is the validity of a patent presumed under U.S. law?
A: Each claim of a patent is presumed valid, and any challenge must overcome this presumption by providing sufficient evidence.
Sources
- USPTO - Search for patents.
- ACUS - U.S. Patent Small Claims Court.
- USPTO - Patent Claims Research Dataset.
- Google Patents - US10172874B2.
- US Code - 35 USC 282: Presumption of validity; defenses.
