Analyzing the Scope and Claims of United States Patent 10,512,677
Introduction
United States Patent 10,512,677, hereafter referred to as the '677 patent, is a significant intellectual property asset, particularly in the pharmaceutical sector. This patent protects the drug OPFOLDA and is part of a larger patent family. Here, we will delve into the details of the patent's scope, claims, and the broader patent landscape it inhabits.
Patent Overview
The '677 patent is assigned to a pharmaceutical company and covers the drug OPFOLDA. Here are some key points about the patent:
- Drug Protected: The patent specifically protects OPFOLDA, which is included in one New Drug Application (NDA)[5].
- Patent Family: This patent has seventeen patent family members spread across six countries, indicating a robust global intellectual property strategy[5].
Scope of the Patent
The scope of a patent is defined by its claims, which outline the specific aspects of the invention that are protected.
Claim Structure
Patent claims are crucial as they define the boundaries of the invention. Here are some insights into the claim structure of the '677 patent:
- Independent Claims: Independent claims are the broadest claims in a patent and define the overall scope of the invention. The '677 patent likely includes multiple independent claims that cover different aspects of OPFOLDA, such as its composition, method of use, and manufacturing process[3].
- Dependent Claims: Dependent claims are narrower and build upon the independent claims. They often provide additional details or specific embodiments of the invention.
Metrics for Patent Scope
Research has shown that metrics such as independent claim length and independent claim count can be used to measure patent scope. Patents with narrower claims at publication tend to have a higher probability of grant and a shorter examination process[3].
Claims Analysis
To understand the '677 patent's claims, one must analyze the language and breadth of these claims.
Claim Language
The language used in patent claims is precise and technical. For example, claims might include specific chemical structures, dosages, or methods of administration. The clarity and breadth of these claims are critical in determining the patent's scope.
Claim Count
The number of claims can also indicate the complexity and breadth of the invention. A higher number of claims might suggest a more detailed and comprehensive protection strategy.
Patent Landscape
The '677 patent operates within a broader patent landscape that includes other related patents and intellectual property assets.
Global Patent Family
With seventeen patent family members across six countries, the '677 patent is part of a global strategy to protect OPFOLDA. This indicates a significant investment in intellectual property to ensure market exclusivity worldwide[5].
International Patent Offices
The protection of OPFOLDA is not limited to the United States. The patent family members are likely filed through various international patent offices such as the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
Searchable Databases
To understand the full scope of the '677 patent and its family members, one can use searchable databases provided by international intellectual property offices. For instance, the EPO's esp@cenet, JPO's database, and WIPO's PATENTSCOPE can provide detailed information on the patent's global reach[1].
Technological and Geographic Trends
The '677 patent fits into broader trends in patenting, particularly in the pharmaceutical sector.
Technological Trends
The pharmaceutical sector is one of the most active in terms of patent filings. Patents in this field often cover new chemical entities, formulations, and methods of treatment. The '677 patent, protecting OPFOLDA, is part of this trend, reflecting the ongoing innovation in drug development[4].
Geographic Trends
Patent data from the USPTO shows that pharmaceutical patents are granted to both domestic and foreign inventors. The '677 patent, with its global family members, reflects the international nature of pharmaceutical research and development[4].
Practical Implications
Understanding the scope and claims of the '677 patent has several practical implications:
- Market Exclusivity: The patent provides market exclusivity for OPFOLDA, preventing others from making, using, or selling the drug without permission.
- Licensing and Litigation: The breadth and clarity of the patent claims can influence licensing agreements and potential litigation. Narrower claims may reduce the risk of litigation but could also limit the patent's protective scope[3].
Key Takeaways
- Patent Scope: The '677 patent's scope is defined by its claims, which include independent and dependent claims that outline the specific protections for OPFOLDA.
- Global Protection: The patent is part of a global family with seventeen members across six countries, ensuring comprehensive protection worldwide.
- Technological Trends: The patent fits into broader trends in pharmaceutical innovation, reflecting ongoing research and development in the sector.
- Practical Implications: Understanding the patent's scope and claims is crucial for market exclusivity, licensing, and litigation strategies.
FAQs
Q: What is the '677 patent, and what does it protect?
A: The '677 patent protects the drug OPFOLDA and is part of a larger patent family with global coverage.
Q: How can I search for more information about the '677 patent?
A: You can use the USPTO's Patent Public Search tool, Global Dossier, or other international patent databases like esp@cenet or PATENTSCOPE[1].
Q: What are the key metrics for measuring patent scope?
A: Independent claim length and independent claim count are simple yet effective metrics for measuring patent scope[3].
Q: Why is the global patent family important for the '677 patent?
A: The global patent family ensures that OPFOLDA is protected in multiple countries, providing comprehensive market exclusivity worldwide[5].
Q: How does the '677 patent fit into broader technological trends?
A: The '677 patent is part of the ongoing innovation in the pharmaceutical sector, reflecting trends in drug development and intellectual property protection[4].
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
- NCSES - Invention: U.S. and Comparative Global Trends: https://ncses.nsf.gov/pubs/nsb20204/invention-u-s-and-comparative-global-trends
- DrugPatentWatch - Patent 10,512,677: https://www.drugpatentwatch.com/p/patent/10512677
