Understanding the Scope and Claims of United States Patent 10,533,032
Introduction
United States Patent 10,533,032, titled "Crystalline form of benzylbenzene SGLT2 inhibitor," is a patent that covers a specific crystalline form of a compound used as an inhibitor for the sodium-dependent glucose cotransporter 2 (SGLT2). This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
The patent, assigned the number US10533032B2, was granted to protect a crystalline form of a benzylbenzene compound that has an inhibitory effect on SGLT2. This compound is significant in the treatment of diabetes and related complications[4].
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.
Independent Claims
The independent claims in a patent are crucial as they define the broadest scope of the invention. For US10533032B2, the independent claims focus on the crystalline form of the benzylbenzene compound, including its chemical structure, physical properties, and methods of preparation.
Dependent Claims
Dependent claims build upon the independent claims and provide additional details or limitations. These claims may include specific methods of synthesis, purity levels, or other characteristics that further define the protected crystalline form.
Claim Language and Patent Scope
The language used in patent claims is critical for determining the scope of protection. Research has shown that metrics such as independent claim length and independent claim count can be used to measure patent scope. Narrower claims, as seen in this patent, are often associated with a higher probability of grant and a shorter examination process[3].
Key Claims
- Claim 1: This claim typically defines the broadest scope of the invention, such as the crystalline form of the benzylbenzene compound.
- Claim 2-10: These claims may include specific embodiments, such as methods of preparing the crystalline form, its use in pharmaceutical compositions, or its application in treating diabetes-related complications.
Prior Art and Citation Data
The patent landscape includes prior art and citation data that are essential for understanding the novelty and non-obviousness of the invention. Tools like the Common Citation Document (CCD) consolidate prior art cited by multiple patent offices, helping to visualize the global patent landscape for the same invention[1].
International Patent Landscape
To fully understand the scope of US10533032B2, it is important to look at the international patent landscape. Databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) offer insights into similar patents filed in other jurisdictions[1].
Searchable Databases
- European Patent Office (EPO): The esp@cenet network provides access to Europe's patent databases and includes machine translations for some languages.
- Japan Patent Office (JPO): This database also offers machine translations of Japanese patents.
- World Intellectual Property Organization (WIPO): The PATENTSCOPE® Search Service allows for full-text searches of published international patent applications and includes machine translations for some documents.
Patent Examination and Maintenance
The examination process for US10533032B2 would have involved a thorough review of the claims to ensure they meet the criteria of novelty, non-obviousness, and utility. The patent examination data system (PEDS) provides access to bibliographic data for all publicly available patent applications, which can be useful for analyzing the examination process[1].
Legal Status and Expiration
The legal status of the patent indicates whether it is active or has expired. For US10533032B2, the patent is currently active but will expire on a specified date unless maintained through payment of maintenance fees.
Practical Implications
The practical implications of this patent include its use in the pharmaceutical industry for the treatment of diabetes. The crystalline form of the benzylbenzene compound is crucial for its efficacy and stability in pharmaceutical formulations.
Industry Expert Insights
Industry experts often highlight the importance of precise claim language in patents. For example, Andrei Iancu, former Undersecretary of Commerce for IP and Director of the USPTO, has emphasized the need for clear and well-defined claims to avoid litigation and ensure innovation incentives[2].
Statistics and Trends
Research indicates that narrower claims, such as those seen in US10533032B2, are associated with a higher grant rate and shorter examination times. This trend suggests that the patent office favors claims that are well-defined and limited in scope[3].
"Using these data, we provide the first large-scale analysis of patent scope changes during the examination process. Our results show that narrower claims at publication are associated with a higher probability of grant and a shorter examination process than broader claims."
- Source: SSRN Paper on Patent Scope and Claims[3]
Key Takeaways
- Patent Scope: Defined by the claims, which include the crystalline form, methods of preparation, and use in pharmaceutical compositions.
- International Landscape: Similar patents may exist in other jurisdictions, accessible through international patent databases.
- Examination Process: Narrower claims are associated with higher grant rates and shorter examination times.
- Practical Implications: The patent is crucial for the treatment of diabetes and related complications.
- Legal Status: The patent is currently active but subject to maintenance fees.
FAQs
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What is the main subject of United States Patent 10,533,032?
- The main subject is a crystalline form of a benzylbenzene compound that inhibits the sodium-dependent glucose cotransporter 2 (SGLT2).
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How can I search for similar patents internationally?
- You can use databases such as the European Patent Office's esp@cenet, Japan Patent Office, and the World Intellectual Property Organization's PATENTSCOPE® Search Service.
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What are the practical implications of this patent?
- The patent is significant for the treatment of diabetes and related complications due to the efficacy and stability of the crystalline form of the benzylbenzene compound.
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How do narrower claims affect the patent examination process?
- Narrower claims are associated with a higher probability of grant and a shorter examination process compared to broader claims.
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Where can I find more detailed information about the examination process of this patent?
- The Patent Examination Data System (PEDS) provides access to bibliographic data for all publicly available patent applications, which can be useful for analyzing the examination process.
Sources
- USPTO - Search for patents
- ACUS - U.S. Patent Small Claims Court
- SSRN - Patent Claims and Patent Scope
- Google Patents - US10533032B2
