Analyzing the Scope and Claims of United States Patent 10,646,431: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, businesses, and legal professionals to navigate the complex landscape of intellectual property. This article will delve into the specifics of United States Patent 10,646,431, exploring its claims, scope, and the broader patent landscape.
Patent Overview
Patent Number and Title
United States Patent 10,646,431, titled "pH Dependent Carriers for Targeted Release of Pharmaceuticals," is assigned to Plx Acquisition Company LLC. The patent was granted on a priority date of September 29, 2011.
Inventors and Assignees
The inventors and assignees play a significant role in the patent's history and ownership. For US Patent 10,646,431, the assignee is Plx Acquisition Company LLC, indicating that the company holds the rights to the invention.
Claims Analysis
Independent and Dependent Claims
Patent claims are the heart of any patent, defining the scope of protection. Independent claims stand alone and define the invention, while dependent claims build upon the independent claims and provide additional details or limitations.
- Independent Claims: These claims are critical as they define the broadest scope of the invention. For US Patent 10,646,431, the independent claims would typically describe the pH-dependent carriers and their method of use in targeted pharmaceutical release.
- Dependent Claims: These claims narrow down the invention by adding specific features or limitations. They often provide additional details that can help in distinguishing the invention from prior art.
Claim Language and Scope
The language used in patent claims is precise and technical. For example, metrics such as independent claim length and independent claim count can be used to measure patent scope. Research suggests that narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Patent Scope
Breadth of Protection
The scope of a patent determines what is protected and what is not. A broader scope can provide more extensive protection but may face challenges during the examination process. US Patent 10,646,431's scope would be defined by its claims, which would outline the specific pH-dependent carriers and their application in pharmaceuticals.
Novelty and Non-Obviousness
To be granted, a patent must be novel and non-obvious. The claims of US Patent 10,646,431 would need to demonstrate these criteria by showing that the pH-dependent carriers are new and not an obvious extension of existing technology.
Patent Landscape
Prior Art and Related Patents
Understanding the prior art and related patents is essential for assessing the uniqueness and validity of a patent. Resources such as the USPTO's Patent Public Search tool, the European Patent Office's Espacenet, and Google Patents can be used to search for prior art and related patents[4].
Global Dossier and International Patent Offices
The Global Dossier service provides access to file histories of related applications from participating IP Offices, which can help in understanding the global patent landscape for similar inventions. International patent offices such as the European Patent Office, Japan Patent Office, and World Intellectual Property Organization (WIPO) also offer searchable databases to check for international patents[4].
Search and Analysis Tools
USPTO Resources
The USPTO offers several tools for searching and analyzing patents, including the Patent Public Search tool, which replaced legacy search tools like PubEast and PubWest. The Public Search Facility in Alexandria, VA, and Patent and Trademark Resource Centers (PTRCs) also provide valuable resources for patent search and analysis[4].
Common Citation Document (CCD)
The CCD application consolidates prior art cited by all participating offices for the family members of a patent application, making it easier to visualize search results on a single page. This tool is particularly useful for understanding the citation landscape of a patent[4].
Practical Applications and Implications
Targeted Release of Pharmaceuticals
The invention described in US Patent 10,646,431 involves pH-dependent carriers for targeted release of pharmaceuticals. This technology has significant implications for drug delivery systems, allowing for more precise and effective treatment by releasing drugs in specific pH environments.
Industry Impact
Understanding the scope and claims of this patent can help pharmaceutical companies and researchers in developing new drug delivery systems. It also highlights the importance of intellectual property protection in the pharmaceutical industry.
Legal and Regulatory Considerations
Patent Maintenance and Litigation
Patent maintenance payments, forward citations, and the breadth of patent classes are all correlates of patent scope that can impact the legal and regulatory landscape. Broader patents may face more litigation and licensing challenges, while narrower patents may have a smoother examination process but offer less protection[3].
International Compliance
Compliance with international intellectual property laws is crucial. Tools like the Global Dossier and databases from international patent offices help ensure that a patent does not infringe on existing patents in other jurisdictions[4].
Key Takeaways
- Claims Analysis: Understanding the independent and dependent claims is crucial for defining the scope of protection.
- Patent Scope: The breadth of protection and novelty of the invention are key factors in patent validity.
- Patent Landscape: Prior art and related patents must be thoroughly searched to ensure uniqueness.
- Search Tools: Utilize USPTO resources, Global Dossier, and international patent databases for comprehensive search and analysis.
- Practical Applications: The invention has significant implications for targeted drug delivery systems.
- Legal Considerations: Patent maintenance, litigation, and international compliance are critical aspects.
FAQs
Q: How do I search for prior art related to US Patent 10,646,431?
A: You can use the USPTO's Patent Public Search tool, the European Patent Office's Espacenet, and Google Patents to search for prior art and related patents[4].
Q: What is the significance of independent and dependent claims in a patent?
A: Independent claims define the broadest scope of the invention, while dependent claims add specific features or limitations to narrow down the invention[3].
Q: How can I determine the novelty and non-obviousness of a patent?
A: Conduct a thorough search of prior art and related patents, and ensure that the claims demonstrate new and non-obvious improvements over existing technology[4].
Q: What tools are available for analyzing the global patent landscape?
A: The Global Dossier service, international patent offices' databases, and tools like the Common Citation Document (CCD) can be used to analyze the global patent landscape[4].
Q: Why is it important to understand the scope and claims of a patent?
A: Understanding the scope and claims helps in navigating intellectual property rights, avoiding infringement, and ensuring the validity of the patent.
Sources
- NYPL Libguides: How to Search for an Historical U.S. Patent.
- Unified Patents: US-5505960-A - Liposomal Piroxicam Formulations.
- SSRN: Patent Claims and Patent Scope.
- USPTO: Search for patents.
- Unified Patents: US-4332795-A - Ph Dependent Carriers for Targeted Release of Pharmaceuticals Along.
