Analyzing the Scope and Claims of United States Patent 10,981,919: A Comprehensive Guide
Introduction
United States Patent 10,981,919, titled "Selective PI3K delta inhibitors," is a patent that pertains to a specific class of pharmaceutical compounds. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Overview of the Patent
Invention Description
The patent US10981919B2 describes selective inhibitors of the PI3K delta protein kinase, methods for preparing these inhibitors, and pharmaceutical compositions containing them. These compounds are designed to target the PI3K delta enzyme, which is involved in various cellular processes, including immune cell signaling and cancer progression[4].
Technical Field
The invention falls under the category of medical or veterinary science, specifically within the therapeutic activity of chemical compounds or medicinal preparations. The classifications include A61P19/02, A61P19/08, and A61P21/00, among others, indicating its relevance to skeletal disorders, bone diseases, and muscular or neuromuscular system disorders[4].
Scope of the Patent
Claim Structure
The patent claims are structured to define the specific compounds, their methods of preparation, and their use in pharmaceutical compositions. Here are some key aspects:
- Independent Claims: These claims define the broadest scope of the invention. For example, Claim 1 might describe the general structure of the PI3K delta inhibitors, while subsequent claims narrow down to specific embodiments or uses[4].
- Dependent Claims: These claims build upon the independent claims, providing additional details or limitations. They often describe specific compounds, synthesis methods, or therapeutic applications.
Claim Language and Scope
The scope of the patent is determined by the language used in the claims. For instance, the claims might specify particular functional groups, molecular structures, or pharmacological activities. The broader the claim language, the wider the scope of protection, but this also increases the risk of challenges based on prior art or lack of clarity[3].
Claims Analysis
Independent Claim Length and Count
Research suggests that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims, as measured by length and count, are often associated with a higher probability of grant and a shorter examination process[3].
Specific Claims in US10981919B2
- Compound Claims: These claims define the specific chemical structures of the PI3K delta inhibitors. For example, the patent might claim compounds with specific fluorophenyl or chromen groups.
- Method Claims: These claims cover the methods of preparing the inhibitors, including synthesis steps and reagents used.
- Use Claims: These claims specify the therapeutic uses of the compounds, such as treating skeletal disorders or immune-related diseases.
Patent Landscape
Prior Art and Citation Data
The Common Citation Document (CCD) application can provide insights into prior art cited by various patent offices for the same invention. This helps in understanding the global patent landscape and potential challenges to the patent's validity[1].
Global Dossier
The Global Dossier service allows users to view the file histories of related applications from participating IP Offices, including the IP5 Offices. This can help in identifying similar patents and understanding the examination process in different jurisdictions[1].
International Patent Offices
To assess the global reach of the invention, one must search databases from other international intellectual property offices such as the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
Search and Examination Process
Patent Public Search
The Patent Public Search tool provided by the USPTO is crucial for conducting thorough searches of prior art. This tool offers enhanced access to prior art and can help in refining the claims to avoid overlapping with existing patents[1].
Patent Examination Data System (PEDS)
The PEDS system allows users to search, view, and download bibliographic data for publicly available patent applications. This can be useful in analyzing the examination process and understanding how similar patents have been treated by the USPTO[1].
Practical Implications
Licensing and Litigation
The scope and claims of the patent can significantly impact licensing and litigation strategies. Broader claims may increase the risk of litigation, while narrower claims may reduce this risk but also limit the scope of protection[3].
Innovation Incentives
The clarity and breadth of patent claims can influence innovation incentives. Patents with clear and well-defined claims are more likely to encourage innovation by providing a clear understanding of what is protected and what is not[3].
Key Takeaways
- Patent Scope: The scope of US10981919B2 is defined by its claims, which include specific compounds, methods of preparation, and therapeutic uses.
- Claim Structure: Independent and dependent claims work together to define the invention, with narrower claims often associated with a higher probability of grant.
- Patent Landscape: Understanding prior art and global patent filings through tools like the Global Dossier and CCD is crucial for navigating the patent landscape.
- Search and Examination: Utilizing tools like Patent Public Search and PEDS can help in refining claims and understanding the examination process.
FAQs
Q: What is the main subject of United States Patent 10,981,919?
A: The main subject is selective inhibitors of the PI3K delta protein kinase, including their preparation and use in pharmaceutical compositions.
Q: How can one determine the scope of a patent?
A: The scope of a patent is determined by the language used in its claims, with broader claims providing wider protection but also increasing the risk of challenges.
Q: What tools can be used to search for prior art related to US10981919B2?
A: Tools such as the Patent Public Search, Global Dossier, and Common Citation Document (CCD) can be used to search for prior art.
Q: Why is the length and count of independent claims important?
A: The length and count of independent claims can be metrics for measuring patent scope and are associated with the probability of grant and the duration of the examination process.
Q: How does the patent landscape impact licensing and litigation strategies?
A: The clarity and breadth of patent claims can influence licensing and litigation strategies, with broader claims increasing the risk of litigation and narrower claims reducing this risk but limiting the scope of protection.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- U.S. Patent and Trademark Office (USPTO) | USAGov: https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- Patent Claims and Patent Scope - Search eLibrary :: SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- US10981919B2 - Selective PI3K delta inhibitors - Google Patents: https://patents.google.com/patent/US10981919B2/en
