Analyzing the Scope and Claims of United States Patent 11,234,985: A Comprehensive Guide
Introduction
United States Patent 11,234,985, titled "Antiviral therapy," is a significant patent that combines various compounds to treat viral infections, particularly HIV. This article will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Overview of the Patent
Publication Details
- Publication Number: US11234985B2
- Authority: United States
- Prior Art Date: The patent is part of a larger family of patents related to antiviral therapies, with prior art dating back to earlier filings[4].
Scope of the Invention
Antiviral Therapy
The patent describes combinations of compounds that include HIV integrase inhibitors and other therapeutic agents. These combinations are designed to enhance the efficacy of antiviral treatments by targeting multiple aspects of the viral life cycle.
Key Components
- HIV Integrase Inhibitors: These are crucial in preventing the integration of HIV genetic material into the host cell's DNA.
- Other Therapeutic Agents: These can include protease inhibitors, reverse transcriptase inhibitors, and other antiviral compounds that target different stages of the HIV life cycle[4].
Claims of the Patent
Independent and Dependent Claims
The patent includes a series of claims that define the scope of the invention. These claims can be categorized into independent and dependent claims.
Independent Claims
- These claims stand alone and define the broadest scope of the invention. For example, Claim 1 might describe a combination of an HIV integrase inhibitor and a specific protease inhibitor.
- Independent claims are critical as they set the boundaries of what is considered novel and non-obvious under patent law[4].
Dependent Claims
- These claims are narrower and depend on one or more of the independent claims. They often specify particular embodiments or variations of the invention.
- Dependent claims can include specific dosages, formulations, or methods of administration that are covered under the broader independent claims[4].
Claim Examples
- Claim 1: A pharmaceutical composition comprising an HIV integrase inhibitor and a protease inhibitor.
- Dependent Claim 2: The composition of Claim 1, where the HIV integrase inhibitor is dolutegravir sodium.
- Dependent Claim 3: The composition of Claim 2, further comprising a reverse transcriptase inhibitor[4].
Patent Landscape Analysis
Global Dossier and IP5 Offices
The patent is part of a global patent family, and its file history can be accessed through the Global Dossier service provided by the USPTO. This service allows users to see related applications filed at participating IP Offices, including the IP5 Offices (USPTO, EPO, JPO, KIPO, and SIPO)[1].
Common Citation Document (CCD)
The CCD application consolidates prior art citations from all participating IP5 Offices for the family members of this patent. This helps in visualizing the search results for the same invention produced by several offices on a single page, facilitating a more comprehensive analysis of the patent's novelty and non-obviousness[1].
Patent Analytics
To fully understand the coverage and gaps in the patent portfolio, patent analytics tools can be employed. These tools help in categorizing patents by claims and scope concepts, generating interactive claim charts that can be reviewed by technical experts to determine the applicability of the scope concepts to target products or methods[3].
Determining Inventorship
True and Only Inventors
US patent law requires that only the true and only inventors be listed on the patent application. Errors in inventorship can lead to the patent being invalid and unenforceable if there was deceptive intent. Correct inventorship is crucial for maintaining the enforceability of the patent[5].
Public Access and Search Tools
USPTO Public Search Facility
The USPTO Public Search Facility and Patent and Trademark Resource Centers (PTRCs) provide public access to patent and trademark information. These resources can be used to search for and analyze patents, including US11234985B2, in various formats such as online, microfilm, and print[1].
Patent Examination Data System (PEDS)
The PEDS system allows public users to search, view, and download bibliographic data for all publicly available patent applications. This can be useful for analyzing the examination history and status of the patent[1].
Key Takeaways
- Combination Therapy: The patent focuses on combination therapies involving HIV integrase inhibitors and other antiviral agents.
- Global Patent Family: The patent is part of a global family, accessible through the Global Dossier and CCD services.
- Patent Analytics: Tools like claim charts and scope concepts are essential for understanding the patent's coverage and identifying gaps.
- Inventorship: Correct determination of inventorship is vital for the patent's validity and enforceability.
- Public Access: Resources like the USPTO Public Search Facility and PEDS system facilitate public access to patent information.
FAQs
Q: What is the main focus of United States Patent 11,234,985?
A: The main focus is on combination therapies involving HIV integrase inhibitors and other antiviral agents.
Q: How can I access the file history of this patent globally?
A: You can access the file history through the Global Dossier service provided by the USPTO.
Q: What is the importance of correct inventorship in patent applications?
A: Correct inventorship is crucial for maintaining the validity and enforceability of the patent. Errors with deceptive intent can render the patent unenforceable.
Q: How can I analyze the coverage and gaps in the patent portfolio related to this invention?
A: You can use patent analytics tools that categorize patents by claims and scope concepts, generating interactive claim charts.
Q: Where can I find public access to patent information related to this invention?
A: You can use resources such as the USPTO Public Search Facility, PTRCs, and the PEDS system.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office: https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- SLWIP - Patent Analytics: https://www.slwip.com/services/patent-analytics/
- Google Patents - US11234985B2: https://patents.google.com/patent/US11234985B2/en
- Oregon State University - Determining Inventorship for US Patent Applications: https://agsci.oregonstate.edu/sites/agsci/files/main/research/vrc_release_inventorship-gattari.pdf
