Analyzing the Scope and Claims of United States Patent 10,555,993
Introduction
United States Patent 10,555,993, titled "Dimethyl fumarate and vaccination regimens," is a patent that combines medical treatment and vaccination protocols, specifically targeting multiple sclerosis. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Number and Authority
The patent, US10555993B2, was granted by the United States Patent and Trademark Office (USPTO) and is part of the US patent system[4].
Prior Art and Background
The patent builds on existing knowledge in the fields of immunology and pharmacology, particularly focusing on the use of dimethyl fumarate (DMF) in conjunction with vaccination regimens. Prior art keywords include "vaccine," "dose," "fumarate," and "multiple sclerosis," indicating the patent's roots in these areas[4].
Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the invention's core aspects, while dependent claims elaborate on or modify the independent claims.
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Independent Claims: These claims outline the primary method of treating or preventing multiple sclerosis using DMF and vaccination regimens. For example, Claim 1 might describe the method of administering DMF in combination with a vaccine to a patient[4].
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Dependent Claims: These claims provide additional details or variations of the independent claims. For instance, a dependent claim might specify the type of vaccine used (e.g., pneumovax 23) or the dosage regimen of DMF[4].
Claim Scope and Breadth
The scope of the claims is crucial in determining the patent's breadth and potential impact. Research suggests that narrower claims at publication are associated with a higher probability of grant and a shorter examination process than broader claims[5].
- Independent Claim Length and Count: Metrics such as independent claim length and count can be used to measure patent scope. Shorter, more focused independent claims generally indicate a narrower scope, which can be beneficial in terms of clarity and validity[5].
Patent Scope and Quality
Metrics for Measuring Scope
The patent scope can be evaluated using metrics like independent claim length and count. These metrics have been validated to have explanatory power for several correlates of patent scope, including patent maintenance payments, forward citations, and the breadth of patent classes[5].
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Patent Maintenance Payments: Patents with narrower claims tend to have lower maintenance payments, indicating a more focused and potentially higher-quality patent[5].
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Forward Citations: The number of forward citations can indicate the patent's impact and relevance. Patents with narrower claims may receive more forward citations due to their clarity and specificity[5].
Examination Process
The examination process for this patent would have involved a thorough review of the claims to ensure they meet the criteria of novelty, non-obviousness, and utility.
- Office Actions and Responses: The Patent Examination Data System (PEDS) could provide insights into the examination process, including any office actions and the applicant's responses. This data can help understand how the claims were refined during the examination process[1].
International and Global Context
Global Patent Family
The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This can help in understanding the global reach and protection of the invention[1].
- International Patent Offices: Searching databases from other international intellectual property offices, such as the European Patent Office (EPO) or the World Intellectual Property Organization (WIPO), can reveal if similar patents have been filed or granted in other jurisdictions[1].
Economic and Practical Implications
Licensing and Litigation
The clarity and breadth of the patent claims can significantly impact licensing and litigation costs. Narrower, well-defined claims can reduce the likelihood of disputes and make licensing agreements more straightforward[5].
- Innovation Incentives: The quality of the patent, as measured by its scope and clarity, can influence innovation incentives. Clear and valid patents can encourage further innovation by providing a clear landscape for other inventors and companies[5].
Key Takeaways
- Claims Analysis: The patent includes both independent and dependent claims, with a focus on the method of treating or preventing multiple sclerosis using DMF and vaccination regimens.
- Patent Scope: The scope of the claims is crucial, with narrower claims generally associated with higher grant probabilities and shorter examination processes.
- Global Context: The patent's global reach can be understood through services like the Global Dossier and international patent office databases.
- Economic Implications: The clarity and breadth of the claims can impact licensing and litigation costs, as well as innovation incentives.
FAQs
Q: What is the main focus of United States Patent 10,555,993?
A: The main focus is on a method of treating or preventing multiple sclerosis using dimethyl fumarate (DMF) in combination with vaccination regimens.
Q: How can the scope of a patent be measured?
A: The scope of a patent can be measured using metrics such as independent claim length and count, which have been validated to have explanatory power for several correlates of patent scope.
Q: What is the significance of the Global Dossier service in patent searching?
A: The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices, providing insights into the global reach and protection of the invention.
Q: How do narrower claims impact the examination process?
A: Narrower claims are associated with a higher probability of grant and a shorter examination process compared to broader claims.
Q: What are the economic implications of clear and valid patent claims?
A: Clear and valid patent claims can reduce licensing and litigation costs and encourage further innovation by providing a clear landscape for other inventors and companies.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US10555993B2: https://patents.google.com/patent/US10555993B2/en
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
