Understanding the Scope and Claims of United States Patent 10,383,961
Introduction
United States Patent 10,383,961, titled "PET tracer for imaging of neuroendocrine tumors," is a significant innovation in the field of medical diagnostics. This patent, granted to the inventors, details a radiolabelled peptide-based compound used for diagnostic imaging, particularly for neuroendocrine tumors. Here, we delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent describes a radiolabelled peptide-based compound designed for use in positron emission tomography (PET) to diagnose and monitor neuroendocrine tumors. This compound is engineered to selectively bind to specific molecular targets, enhancing the accuracy and specificity of diagnostic imaging[4].
Scope of the Patent
Diagnostic Imaging
The patent covers the use of the radiolabelled compound for diagnostic imaging using PET. This includes the detection of somatostatin overexpression in tumors, which is a common marker for neuroendocrine tumors. The compound is administered in a target dose range of 150-350 MBq, with a preferred range of 191-210 MBq[4].
Medical Applications
The invention is not limited to diagnosis but also extends to monitoring the effects of treatment on neuroendocrine tumors. By detecting the uptake of the compound by cell receptors, healthcare providers can assess the efficacy of treatments and adjust them accordingly[4].
Production Method
The patent also details the production method of the radiolabelled compound. This involves the use of a solid target system to produce (^{64})Cu through a proton beam reaction, followed by chemical processing to isolate the (^{64})Cu[4].
Claims of the Patent
The patent includes several claims that define the scope of the invention:
Claim 1: Compound Composition
The first claim describes the radiolabelled peptide-based compound, its structure, and its radiolabelling with (^{64})Cu. This claim sets the foundation for the invention by specifying the exact composition of the compound[4].
Claim 2-5: Diagnostic Use
Subsequent claims outline the use of the compound in diagnostic imaging. These claims cover the administration of the compound, the target dose ranges, and the methods for detecting the compound using PET, SPECT, or other imaging techniques[4].
Claim 6-10: Therapeutic Monitoring
These claims address the use of the compound in monitoring the effects of treatments on neuroendocrine tumors. They detail the process of administering the compound and detecting its uptake by cell receptors to assess treatment efficacy[4].
Patent Landscape
Prior Art and Novelty
The patent landscape for diagnostic imaging compounds is highly competitive. The novelty of this patent lies in the specific radiolabelled peptide-based compound and its application in targeting somatostatin overexpression in neuroendocrine tumors. The patent must demonstrate significant advancements over prior art to be granted, which in this case, includes the unique binding properties and the specific production method[4].
Related Patents and Applications
Other patents in the field of diagnostic imaging often focus on different types of compounds or imaging techniques. For instance, patents related to PET tracers might cover different molecular targets or use different radiolabels. The unique combination of the peptide-based compound and (^{64})Cu radiolabelling in this patent distinguishes it from other related inventions[4].
Legal and Regulatory Considerations
Patentability
The patentability of this invention is subject to the conditions and requirements of the Patent Act, specifically Section 101, which states that new and useful processes, machines, manufactures, or compositions of matter may be patented. The Supreme Court's "Alice" test is relevant here, ensuring that the claims are not directed to abstract ideas or natural phenomena but rather to a specific, patent-eligible application[2].
Intellectual Property Rights
The protection of intellectual property rights for this patent is crucial. The USPTO and other international patent offices provide tools and resources to help inventors and patent holders protect their rights. For example, the USPTO's Patent Assignment Search and the Publication Site for Issued and Published Sequences (PSIPS) are valuable resources for managing and enforcing patent rights[1].
Economic and Practical Implications
Market Impact
The introduction of this patent can significantly impact the medical diagnostics market. By providing a more accurate and specific method for diagnosing neuroendocrine tumors, this invention can improve patient outcomes and reduce healthcare costs associated with misdiagnosis or delayed diagnosis.
Research and Development
The data from the Patent Claims Research Dataset by the USPTO can provide insights into the trends and scope of patent claims in the medical diagnostics field. This dataset, which includes detailed information on claims from US patents and patent applications, can help researchers and inventors understand the competitive landscape and identify areas for further innovation[3].
Conclusion
United States Patent 10,383,961 represents a significant advancement in the field of diagnostic imaging for neuroendocrine tumors. The patent's scope and claims are carefully defined to ensure the protection of the inventors' rights while contributing to the broader medical community. Understanding the patent landscape and the legal, economic, and practical implications of this invention is crucial for both inventors and healthcare providers.
Key Takeaways
- Specific Compound: The patent describes a unique radiolabelled peptide-based compound for PET imaging.
- Diagnostic Use: The compound is used for diagnosing and monitoring neuroendocrine tumors.
- Production Method: The patent details a specific method for producing the (^{64})Cu radiolabelled compound.
- Legal Considerations: The patent must comply with Section 101 of the Patent Act and pass the "Alice" test.
- Market Impact: The invention can improve diagnostic accuracy and patient outcomes in the medical field.
FAQs
Q1: What is the primary use of the compound described in US Patent 10,383,961?
The primary use is for diagnostic imaging of neuroendocrine tumors using positron emission tomography (PET).
Q2: How is the radiolabelled compound produced?
The compound is produced using a solid target system to generate (^{64})Cu through a proton beam reaction, followed by chemical processing to isolate the (^{64})Cu.
Q3: What is the target dose range for administering the compound?
The target dose range is 150-350 MBq, with a preferred range of 191-210 MBq.
Q4: Can this patent be used for therapeutic monitoring?
Yes, the patent includes claims for using the compound to monitor the effects of treatments on neuroendocrine tumors.
Q5: How does this patent comply with patentability requirements?
The patent complies with Section 101 of the Patent Act and passes the "Alice" test by being directed to a specific, patent-eligible application rather than an abstract idea or natural phenomenon.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- CONTOUR IP HOLDING LLC v. GOPRO, INC.: https://cafc.uscourts.gov/opinions-orders/22-1654.OPINION.9-9-2024_2381170.pdf
- Patent Claims Research Dataset - USPTO: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- US10383961B2 - PET tracer for imaging of neuroendocrine tumors: https://patents.google.com/patent/US10383961B2/en
- U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
