United States Patent 10,973,806: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 10,973,806, titled "Methods of treating epithelioid cell tumors comprising administering a composition comprising nanoparticles comprising an mTOR inhibitor," is a significant patent in the field of oncology and pharmaceuticals. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Inventors and Assignees
The patent was granted to inventors who have developed a method for treating epithelioid cell tumors using nanoparticles that contain an mTOR (mechanistic target of rapamycin) inhibitor. The assignee of the patent is typically the entity that owns the rights to the invention, often a pharmaceutical company or a research institution.
Patent Date and Term
The patent was granted on April 27, 2021. The term of a U.S. patent is generally 20 years from the earliest filing date of the application, provided that maintenance fees are paid.
Scope of the Invention
Technical Field
The invention pertains to the field of oncology, specifically targeting epithelioid cell tumors. Epithelioid cells are a type of cell found in various tissues, and tumors arising from these cells can be aggressive and challenging to treat.
Background of the Invention
The background section of the patent typically discusses the current state of the art and the limitations of existing treatments. In this case, it likely highlights the need for more effective and targeted therapies for epithelioid cell tumors, and how the use of nanoparticles with mTOR inhibitors addresses these needs.
Claims Analysis
Independent Claims
The independent claims of the patent define the broadest scope of the invention. For example:
- Claim 1 might state: "A method of treating an epithelioid cell tumor, comprising administering a composition comprising nanoparticles, wherein the nanoparticles comprise an mTOR inhibitor."
- These claims set the boundaries of what is considered novel and non-obvious over the prior art.
Dependent Claims
Dependent claims narrow the scope of the independent claims by adding additional limitations. For instance:
- Claim 2 might state: "The method of claim 1, wherein the mTOR inhibitor is selected from the group consisting of rapamycin, everolimus, and temsirolimus."
- These claims provide additional specificity and can help in defending the patent against infringement claims.
Detailed Claim Analysis
Claim Construction
Each claim is constructed to define a specific aspect of the invention. The claims must be clear, concise, and definite to ensure that the scope of the invention is well-defined. For example:
- Claim 1: This claim defines the method of treating epithelioid cell tumors using nanoparticles with an mTOR inhibitor. It sets the broadest scope and is the foundation for all dependent claims.
- Claim 5: This might specify the size range of the nanoparticles, ensuring they are within a therapeutic window.
Claim Limitations
The claims include various limitations that define the invention. These can include:
- The type of mTOR inhibitor used.
- The composition of the nanoparticles.
- The method of administration (e.g., intravenous, oral).
- The specific type of epithelioid cell tumor being treated.
Patent Landscape
Prior Art
The patent landscape includes an analysis of prior art, which are existing patents, publications, and other publicly available information that relate to the invention. The patent office would have considered this prior art during the examination process to determine the novelty and non-obviousness of the invention[4].
Related Patents
Other patents in the same field may cover similar or related technologies. For example:
- Patents related to the use of nanoparticles in drug delivery.
- Patents related to mTOR inhibitors and their applications in cancer treatment.
- These related patents can provide insight into the competitive landscape and potential areas for further innovation.
International Patent Filings
The invention may also be protected in other countries through international patent filings. This could include filings under the Patent Cooperation Treaty (PCT) or direct national filings in key markets.
Search Tools and Resources
USPTO Search Tools
The U.S. Patent and Trademark Office (USPTO) provides several tools for searching patents, including the Patent Public Search tool, which replaced legacy search tools like PubEast and PubWest. This tool offers enhanced access to prior art and can be used to find related patents and publications[4].
Global Dossier
The Global Dossier service allows users to access the file histories of related applications from participating IP Offices, providing a comprehensive view of the global patent family for a specific application[4].
Legal and Regulatory Considerations
Obviousness-Type Double Patenting (ODP)
In cases where multiple patents are filed for similar inventions, the USPTO may apply obviousness-type double patenting (ODP) rules to prevent an inventor from securing multiple patents for essentially the same invention. This was a point of contention in cases like In re Cellect LLC, where the court clarified that ODP analysis should consider the adjusted expiration date of the patent after any patent term adjustments (PTA)[1].
Patent Term Adjustments (PTA) and Extensions (PTE)
The patent term can be adjusted or extended under certain conditions. For example, a patent term extension (PTE) under 35 U.S.C. ยง 156 can be granted due to regulatory delays, but this does not affect the ODP analysis[1].
Key Takeaways
- Innovation in Cancer Treatment: The patent represents a significant innovation in the treatment of epithelioid cell tumors using nanoparticles with mTOR inhibitors.
- Clear Claims: The claims are carefully constructed to define the scope of the invention, ensuring clarity and specificity.
- Comprehensive Search: Utilizing USPTO search tools and global dossier services is crucial for understanding the broader patent landscape.
- Legal Considerations: Understanding ODP, PTA, and PTE is essential for managing patent portfolios and ensuring compliance with patent laws.
FAQs
What is the main invention described in U.S. Patent 10,973,806?
The main invention is a method of treating epithelioid cell tumors using nanoparticles that contain an mTOR inhibitor.
How do the claims in this patent define the scope of the invention?
The claims define the scope by specifying the method of treatment, the composition of the nanoparticles, and the type of mTOR inhibitor used, among other details.
What tools can be used to search for related patents?
Tools such as the USPTO's Patent Public Search, Global Dossier, and resources from other international intellectual property offices can be used to search for related patents.
What is the significance of obviousness-type double patenting (ODP) in patent law?
ODP prevents an inventor from securing multiple patents for essentially the same invention, ensuring that the patent system does not allow for the extension of patent terms through multiple filings.
How can patent term adjustments (PTA) and extensions (PTE) affect the patent term?
PTA and PTE can extend the patent term due to delays in the patent office or regulatory approvals, but these adjustments do not affect the ODP analysis.
Sources
- In re Cellect, LLC, United States Court of Appeals for the Federal Circuit, August 28, 2023.
- U.S. Patent and Trademark Office (USPTO), USA.gov.
- Patent and patent application Claims data, USPTO.
- Search for patents, USPTO.
- US10973806B2 - Methods of treating epithelioid cell tumors, Google Patents.
