United States Patent 10,617,693: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 10,617,693, titled "Methods of treating and/or preventing actinic keratosis," is a significant patent in the pharmaceutical sector, particularly in the treatment of skin conditions. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Title and Abstract
The patent, issued on March 31, 2020, describes methods for treating and/or preventing actinic keratosis, a common skin condition caused by prolonged exposure to UV radiation. The abstract outlines the invention's focus on therapeutic approaches using specific compounds to address this condition[2].
Scope of the Patent
Claims
The patent includes multiple claims that define the scope of the invention. These claims are crucial as they determine the boundaries of what is protected under the patent. Here are some key aspects of the claims:
- Independent Claims: These claims stand alone and define the core of the invention. For example, Claim 1 might describe a method of treating actinic keratosis using a specific compound.
- Dependent Claims: These claims build upon the independent claims and provide additional details or variations of the invention. For instance, a dependent claim might specify the dosage or administration method of the compound[2].
Patentable Subject Matter
The patent must satisfy the requirements for patentable subject matter as outlined by the USPTO. This includes being a new and useful "process, machine, manufacture, or composition of matter, or any improvement thereof." The invention must not be directed to ineligible subject matter such as laws of nature, natural phenomena, or abstract ideas, unless it includes an inventive concept that transforms the nature of the claim[4].
Novelty and Nonobviousness
Novelty Requirement
The claimed invention must be novel, meaning it must not have been patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. This ensures that the invention adds something new to the existing body of knowledge[4].
Nonobviousness Requirement
Even if the invention is novel, it must also be nonobvious. This means that the invention must not be an obvious combination of existing knowledge or technologies. The USPTO evaluates this by considering whether a person of ordinary skill in the relevant field would have found the invention obvious at the time of the patent application[4].
Patent Landscape
Patent Family
Patent 10,617,693 has a significant international presence with sixteen patent family members in thirteen countries. This indicates a broad geographical protection for the invention, which is crucial for pharmaceutical companies looking to market their products globally[5].
Related Patents and Publications
To understand the broader patent landscape, it is essential to look at related patents and publications. Tools like the USPTO's Patent Public Search and the Common Citation Document (CCD) can help identify prior art and citations related to the patent. This can provide insights into similar inventions and potential competitors[1].
International Patent Databases
Access to Global Patent Information
For a comprehensive analysis, one must also consider international patent databases. Resources such as the European Patent Office's esp@cenet, the Japan Patent Office's database, and the World Intellectual Property Organization's PATENTSCOPE provide access to global patent information. This helps in identifying whether similar inventions have been patented abroad and in understanding the global patent landscape[1].
Economic and Legal Implications
Patent Trial and Appeal Board (PTAB)
The Patent Trial and Appeal Board (PTAB) plays a crucial role in the validity of patents. PTAB proceedings, such as Inter Partes Review (IPR) and Post-Grant Review (PGR), allow challenges to the validity of patents. This can impact the economic and legal standing of the patent, as successful challenges can result in the cancellation of patent claims[4].
Market Impact
The protection offered by this patent can significantly impact the market for treatments of actinic keratosis. It allows the patent holder to exclusively market the treatment, potentially influencing market share and pricing. Competitors may need to develop alternative treatments or negotiate licensing agreements to enter the market[5].
Practical Applications and Benefits
Treatment of Actinic Keratosis
The methods described in the patent provide a specific therapeutic approach to treating actinic keratosis. This can benefit patients by offering an effective treatment option and healthcare providers by expanding their treatment arsenal.
Pharmaceutical Industry
For pharmaceutical companies, this patent can be a valuable asset. It protects their investment in research and development, allowing them to recoup costs and generate revenue through the exclusive rights granted by the patent.
Challenges and Future Directions
Patent Litigation and Challenges
The patent could face challenges through PTAB proceedings or judicial reviews. These challenges can be costly and time-consuming but are essential for ensuring the validity and enforceability of the patent.
Continuous Innovation
The pharmaceutical industry is highly competitive and dynamic. Continuous innovation is necessary to stay ahead. The patent holder must continue to invest in research and development to maintain their competitive edge and to address any emerging challenges or new technologies.
Key Takeaways
- Scope and Claims: The patent's scope is defined by its claims, which must meet the requirements for patentable subject matter, novelty, and nonobviousness.
- Patent Landscape: The patent has a significant international presence and is part of a broader global patent landscape.
- Economic and Legal Implications: The patent's validity can be challenged through PTAB proceedings, and it has significant market impact.
- Practical Applications: The patent provides a specific therapeutic approach to treating actinic keratosis, benefiting patients and healthcare providers.
- Future Directions: Continuous innovation and addressing potential challenges are crucial for maintaining the patent's value.
FAQs
Q: What is the main focus of United States Patent 10,617,693?
A: The main focus of the patent is on methods for treating and/or preventing actinic keratosis using specific compounds.
Q: How many patent family members does this patent have internationally?
A: The patent has sixteen patent family members in thirteen countries[5].
Q: What are the key requirements for a patent to be valid?
A: A patent must meet the requirements for patentable subject matter, novelty, and nonobviousness[4].
Q: How can the validity of a patent be challenged?
A: The validity of a patent can be challenged through PTAB proceedings such as Inter Partes Review (IPR) and Post-Grant Review (PGR)[4].
Q: What is the significance of the Common Citation Document (CCD) in patent searching?
A: The CCD provides a single point access to up-to-date citation data relating to the patent applications of the IP5 Offices, consolidating prior art cited by all participating offices[1].
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Google Patents - US10617693B2: https://patents.google.com/patent/US10617693B2/zh
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Congressional Research Service - The Patent Trial and Appeal Board and Inter Partes Review: https://crsreports.congress.gov/product/pdf/R/R48016
- DrugPatentWatch - Patent 10,617,693: https://www.drugpatentwatch.com/p/patent/10617693
