Patent landscape, scope, and claims: |
Understanding the Scope and Claims of United States Patent 10,632,197
Introduction
When analyzing a patent, particularly one like United States Patent 10,632,197, it is crucial to delve into its scope, claims, and the broader patent landscape. This patent, assigned to Paragon BioTeck, Inc., pertains to compositions comprising fluorescein and benoxinate components, which are commonly used in ophthalmic applications.
Patent Overview
Patent Number and Title
- The patent in question is U.S. Patent 10,632,197, titled "Fluorescein and Benoxinate Compositions."
Inventors and Assignee
- The inventors listed are Patrick H. Witham and Sailaja Machiraju, with the patent assigned to Paragon BioTeck, Inc., based in Portland, OR[4].
Scope of the Patent
Technical Field
- The patent falls under the technical field of pharmaceutical compositions, specifically ophthalmic formulations. It describes compositions that include a fluorescein component and a benoxinate component, which are used for various ophthalmic purposes such as removing foreign bodies, conducting ocular examinations, and measuring intraocular pressure[4].
Novel Features
- The novel features of the invention include improved storage life and the use of specific preservatives suitable for ophthalmic use, such as chlorobutanol. These compositions are designed to maintain their efficacy over an extended period, which is a significant advancement in ophthalmic care[4].
Patent Claims
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 specific limitations. For example, Claim 1 might describe the general composition of fluorescein and benoxinate, while dependent claims might specify the types of preservatives used or the methods of administration[4].
Claim Language and Scope
- The scope of the patent claims is critical in determining what is protected under the patent. Research suggests that narrower claims at publication are associated with a higher probability of grant and a shorter examination process compared to broader claims[3].
Patent Landscape
Related Patents and Applications
- The patent 10,632,197 is part of a series of related applications and patents. It is a continuation of application No. 16/363,985, which is now Pat. No. 10,293,047, and further continues from application No. 15/814,186. Understanding these relationships helps in mapping the evolution of the invention and its broader impact on the field[4].
Global Patent Family
- To fully understand the patent landscape, it is essential to look at the global patent family. Tools like the Global Dossier provided by the USPTO allow users to see related applications filed at participating IP Offices, including the IP5 Offices (USPTO, EPO, JPO, KIPO, and CNIPA)[1].
Search and Analysis Tools
USPTO Resources
- The USPTO offers several resources for searching and analyzing patents, including the Patent Public Search tool, which replaced legacy search tools like PubEast and PubWest. This tool provides enhanced access to prior art and is crucial for conducting thorough patent searches[1].
International Patent Databases
- For a comprehensive analysis, one must also refer to international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO). These databases offer access to machine translations and full-text searches of international patent applications[1].
Practical Applications
Ophthalmic Use
- The compositions described in the patent are specifically designed for ophthalmic use. They are used in procedures such as removing foreign bodies, conducting ocular examinations, and measuring intraocular pressure. The improved storage life and use of suitable preservatives make these compositions highly practical in clinical settings[4].
Method of Administration
- The patent also describes methods for administering these compositions, which include therapeutic applications and diagnostic procedures. For instance, the method for conducting an ocular examination involves administering a therapeutically effective amount of the composition and possibly measuring intraocular pressure[4].
Legal and Regulatory Aspects
Patent Examination Process
- The examination process for this patent would have involved a thorough review of the claims and scope to ensure they meet the criteria for patentability. Research indicates that the examination process tends to narrow the scope of patent claims, and this patent would have undergone similar scrutiny[3].
Report on Filing
- For legal and regulatory compliance, forms such as the Report on Filing Patent/Trademark (AO 120) might be relevant, although this specific form is more related to court proceedings rather than the patent office[2].
Key Takeaways
- Scope and Claims: The patent's scope is defined by its claims, which include both independent and dependent claims. Narrower claims are generally associated with a higher probability of grant.
- Patent Landscape: Understanding the global patent family and related applications is crucial for a comprehensive analysis.
- Practical Applications: The compositions are designed for ophthalmic use, with improved storage life and suitable preservatives.
- Legal and Regulatory: The patent would have undergone a thorough examination process to ensure it meets patentability criteria.
FAQs
Q: What is the main subject of U.S. Patent 10,632,197?
A: The main subject is compositions comprising fluorescein and benoxinate components for ophthalmic use.
Q: Who are the inventors of this patent?
A: The inventors are Patrick H. Witham and Sailaja Machiraju.
Q: What is the significance of the preservatives mentioned in the patent?
A: The preservatives, such as chlorobutanol, are suitable for ophthalmic use and help in maintaining the efficacy of the compositions over an extended period.
Q: How can one search for related patents and applications?
A: Tools like the Global Dossier and international patent databases such as EPO, JPO, and WIPO can be used to search for related patents and applications.
Q: What is the importance of narrower claims in the patent examination process?
A: Narrower claims are associated with a higher probability of grant and a shorter examination process.
Sources
- USPTO - Search for patents
- United States Courts - Report on Filing Patent/Trademark
- SSRN - Patent Claims and Patent Scope
- Google APIs - US 20200282058A1
- PlainSite - Hydantoin Derivatives As Inhibitors Of Matrix Metalloproteinases And/or Tnf-alpha Converting Enzyme
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