Understanding the Scope and Claims of United States Patent 10,561,651
Introduction to Patent 10,561,651
United States Patent 10,561,651, titled "Methods for treating neuroblastoma," is a significant patent that addresses a critical area in medical treatment. Here, we will delve into the details of this patent, including its scope, claims, and the broader patent landscape it operates within.
Background on Neuroblastoma
Neuroblastoma is a type of cancer that primarily affects children, originating from the adrenal glands or from the nerve tissue in the neck, chest, abdomen, or pelvis. It is one of the most common cancers in infants and young children, making effective treatments crucial[1].
Patent Overview
Publication and Legal Status
The patent was published on February 18, 2020, and is currently active. It was filed under the application number US16/050,516 and is part of the US patent system overseen by the U.S. Patent and Trademark Office (USPTO)[1].
Inventors and Assignees
While the specific inventors and assignees are not detailed in the provided sources, patents typically list these individuals or entities in the patent document.
Scope of the Patent
Treatment Methods
The patent focuses on methods for treating neuroblastoma associated with deregulated protein kinase activity. Protein kinases are enzymes that play a critical role in cell signaling pathways, and their deregulation can lead to various diseases, including cancer. The treatment methods disclosed involve the administration of specific compounds that target these protein kinases[1].
Compounds and Chemical Structures
The patent describes several compounds, including those belonging to the indazol and benzamide classes. These compounds are designed to inhibit protein kinase activity, thereby halting the progression of neuroblastoma. The chemical structures and synthesis methods of these compounds are detailed in the patent claims[1].
Claims of the Patent
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broad scope of the invention, while dependent claims narrow down the scope by adding additional features or limitations. For example, the patent might have an independent claim that describes a method for treating neuroblastoma using a specific compound, and dependent claims that specify the dosage, administration route, or specific protein kinases targeted[1].
Claim Language and Scope
The scope of the patent is determined by the language used in the claims. Broader claims can encompass a wider range of applications, but they may also face challenges regarding validity and enforceability. Narrower claims, on the other hand, are more specific and may have a higher probability of grant and a shorter examination process[3].
Patent Landscape
Patent Quality and Scope
The debate over patent quality and scope is ongoing. Some argue that patents have become overly broad, leading to increased litigation and licensing costs. Metrics such as independent claim length and count can help measure patent scope and its implications on innovation and litigation[3].
Litigation and Enforcement
Patent litigation, particularly in the field of pharmaceuticals and biotechnology, can be complex and costly. The increase in patent infringement lawsuits, especially those involving nonpracticing entities (NPEs), has been a significant concern. The Leahy-Smith America Invents Act (AIA) has introduced changes aimed at reducing such litigation, but its impact is still being studied[4].
Small Claims Patent Court
There is an ongoing discussion about the feasibility of a small claims patent court to handle lower-stakes patent disputes more efficiently. This initiative aims to reduce the financial burden and complexity associated with patent litigation, making it more accessible to smaller entities and individual inventors[5].
Industry Impact
Innovation and Licensing
The patent landscape significantly influences innovation and licensing in the pharmaceutical industry. Patents like US 10,561,651 can provide exclusive rights to the inventors or assignees, allowing them to recoup their investment in research and development. However, overly broad patents can stifle innovation by limiting access to critical technologies[3].
Public Health
Effective treatments for neuroblastoma are crucial for public health, especially given the high incidence of this cancer in children. Patents that protect innovative treatments can ensure that these treatments are developed and made available, but they must balance this protection with the need for affordable access to these treatments.
Expert Insights
Legal and Regulatory Perspectives
Experts in patent law, such as those involved in the study by the Administrative Conference of the United States (ACUS), emphasize the need for clear and narrow patent claims to avoid litigation and ensure that patents serve their intended purpose of promoting innovation[5].
Scientific and Medical Perspectives
Scientists and medical professionals highlight the importance of targeted therapies in treating neuroblastoma. The compounds described in US 10,561,651 represent a promising approach to treating this disease, and the patent's scope will influence how widely these treatments can be developed and used.
Statistics and Data
Patent Litigation Trends
From 2000 to 2011, the number of patent infringement lawsuits increased significantly, with a notable spike in 2011 due to the anticipation of changes in the Leahy-Smith America Invents Act. Software-related patents accounted for about 89% of the increase in defendants during this period[4].
Patent Scope Metrics
Studies have shown that narrower claims at publication are associated with a higher probability of grant and a shorter examination process. Metrics such as independent claim length and count can provide insights into patent scope and its implications on innovation and litigation[3].
Key Takeaways
- Treatment Focus: The patent focuses on methods for treating neuroblastoma associated with deregulated protein kinase activity.
- Compounds: The patent describes specific compounds, including indazol and benzamide classes, designed to inhibit protein kinase activity.
- Claims: The patent includes both independent and dependent claims that define the scope of the invention.
- Patent Landscape: The patent operates within a complex landscape influenced by debates over patent quality, litigation trends, and regulatory changes.
- Industry Impact: The patent can impact innovation, licensing, and public health by protecting and promoting the development of critical treatments.
FAQs
What is the main focus of United States Patent 10,561,651?
The main focus of the patent is on methods for treating neuroblastoma associated with deregulated protein kinase activity.
What types of compounds are described in the patent?
The patent describes compounds belonging to the indazol and benzamide classes.
How do the claims in the patent define its scope?
The claims define the scope by specifying the methods, compounds, and conditions under which the treatment is effective.
What are the implications of broader versus narrower patent claims?
Broader claims can face challenges regarding validity and enforceability, while narrower claims have a higher probability of grant and a shorter examination process.
How does the patent landscape influence the pharmaceutical industry?
The patent landscape influences innovation, licensing, and access to treatments by providing exclusive rights to inventors or assignees while balancing the need for affordable access to critical technologies.
Sources
- US10561651B2 - Methods for treating neuroblastoma - Google Patents
- U.S. Patent and Trademark Office (USPTO) | USAGov
- Patent Claims and Patent Scope - SSRN
- Assessing Factors That Affect Patent Infringement Litigation - GAO
- U.S. Patent Small Claims Court - ACUS
