Drugs covered by patent 3,485,854. Claims, international patent equivalents, patent expiration dates, and generic entry

Analyzing the Scope and Claims of a Patent: A Detailed Guide Using United States Patent 3,485,854 as an Example

Introduction

Patents are a crucial component of intellectual property, providing exclusive rights to inventors and innovators. To fully understand the value and protection offered by a patent, it is essential to analyze its scope and claims. This article will delve into the process of analyzing a patent, using United States Patent 3,485,854 as a case study.

Understanding Patents and Patent Claims

What are Patents?

Patents are legal documents granted by the U.S. Patent and Trademark Office (USPTO) that give the inventor exclusive rights to make, use, and sell their invention for a specified period, usually 20 years from the filing date[2].

What are Patent Claims?

Patent claims are the most critical part of a patent application. They define the scope of the invention and specify what is protected by the patent. Claims are typically written in a specific legal format and must be clear, concise, and supported by the patent's description and drawings[3].

Identifying the Patent: United States Patent 3,485,854

To begin the analysis, we need to identify the patent in question. United States Patent 3,485,854 is an example of a historical patent that can be used to illustrate the process.

Retrieving the Patent Document

The first step is to retrieve the patent document. This can be done through various databases such as the USPTO's Patent Public Search, PATENTSCOPE, or other patent search platforms[4].

Reading and Understanding the Patent Description

The patent description provides a detailed explanation of the invention, including its background, summary, and detailed description. This section helps in understanding the context and purpose of the invention.

Analyzing the Claims

Claim Structure

Patent claims are structured in a specific way, typically starting with an independent claim that broadly defines the invention, followed by dependent claims that narrow down the scope.

Claim Types

Independent Claims: These claims stand alone and define the invention without reference to other claims.
Dependent Claims: These claims refer back to an independent claim and further limit the scope of the invention.

Claim Language

Claims are written in a formal, technical language. Understanding the terminology and the legal context is crucial for accurate analysis.

Using Patent Analytics Tools

Claim Coverage Matrix

Tools like the Claim Coverage Matrix can help categorize patents by claims and scope concepts. This allows for a comprehensive analysis of which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist[3].

Claim Charts

Interactive claim charts generated by software like ClaimScape® can be used to review patent coverage with technical experts. These charts help determine whether a particular scope concept is applicable to a target product or method and highlight areas where claim coverage is lacking[3].

Geographical and Technological Context

Geographical Distribution

Analyzing the geographical distribution of patent activity can provide insights into where the inventors reside and where the ownership rights are assigned. This can be particularly useful for understanding the regional impact of the patent[1].

Technological Categories

Patents can be categorized by technology fields using systems like the International Patent Classification (IPC) or the Cooperative Patent Classification (CPC). This helps in understanding the technological context and trends related to the patent[1][4].

Gender and Inventorship Analysis

In some cases, analyzing the gender distribution of inventors can provide additional insights. For example, the NCSES report uses fractional counting to match inventors to their gender, which can help in understanding the demographic trends in patenting activity[1].

Legal and Policy Considerations

Small Claims Patent Court

Understanding the legal framework surrounding patents is essential. For instance, the concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could impact how patent disputes are handled and how small inventors are protected[5].

Practical Applications and Future Directions

Identifying Gaps and Opportunities

By analyzing the claims and scope of a patent, companies can identify gaps in their current coverage and future design opportunities. This is crucial for maintaining a competitive edge and ensuring that the intellectual property is fully protected[3].

Updating Claim Charts

As new patents are filed or as companies explore other avenues of development, claim charts can be updated to reflect these changes. This ensures that the patent landscape remains accurate and relevant over time[3].

Key Takeaways

Patent Claims are Critical: Claims define the scope of the invention and are essential for understanding what is protected by the patent.
Use of Analytics Tools: Tools like Claim Coverage Matrix and Claim Charts are invaluable for analyzing and managing patent claims.
Geographical and Technological Context: Understanding where inventors reside and the technological field of the patent provides additional insights.
Legal Considerations: Being aware of legal frameworks and potential changes, such as the small claims patent court, is important for navigating patent disputes.
Continuous Monitoring: Regularly updating claim charts and analyzing the patent landscape is necessary to maintain full protection of intellectual property.

FAQs

What is the purpose of patent claims?

Patent claims define the scope of the invention and specify what is protected by the patent, ensuring that the inventor has exclusive rights to the invention.

How do I retrieve a patent document?

You can retrieve a patent document through databases such as the USPTO's Patent Public Search, PATENTSCOPE, or other patent search platforms.

What is a Claim Coverage Matrix?

A Claim Coverage Matrix is a tool used to categorize patents by claims and scope concepts, helping to identify which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist.

Why is geographical distribution of patent activity important?

Geographical distribution helps in understanding where the inventors reside and where the ownership rights are assigned, providing insights into the regional impact of the patent.

What is the role of the USPTO in patent analytics?

The USPTO is responsible for granting patents and registering trademarks. It also provides resources and tools, such as the Patent Public Search database, to help in patent analytics and searching.

Sources

NCSES, Invention, Knowledge Transfer, and Innovation, 2024.
USA.gov, U.S. Patent and Trademark Office (USPTO).
SLWIP, Patent Analytics.
Clemson University, Research and Course Guides: Patent Searching, Advanced: Overview, 2024.
ACUS, U.S. Patent Small Claims Court.

Title:	16beta-methyl-9beta-fluoro-steroids
Abstract:
Inventor(s):	David Taub, Norman L Wendler, Harry L Slates
Assignee:	Merck and Co Inc
Application Number:	US629399A
Patent Claim Types: see list of patent claims
Patent landscape, scope, and claims:	Analyzing the Scope and Claims of a Patent: A Detailed Guide Using United States Patent 3,485,854 as an Example Introduction Patents are a crucial component of intellectual property, providing exclusive rights to inventors and innovators. To fully understand the value and protection offered by a patent, it is essential to analyze its scope and claims. This article will delve into the process of analyzing a patent, using United States Patent 3,485,854 as a case study. Understanding Patents and Patent Claims What are Patents? Patents are legal documents granted by the U.S. Patent and Trademark Office (USPTO) that give the inventor exclusive rights to make, use, and sell their invention for a specified period, usually 20 years from the filing date[2]. What are Patent Claims? Patent claims are the most critical part of a patent application. They define the scope of the invention and specify what is protected by the patent. Claims are typically written in a specific legal format and must be clear, concise, and supported by the patent's description and drawings[3]. Identifying the Patent: United States Patent 3,485,854 To begin the analysis, we need to identify the patent in question. United States Patent 3,485,854 is an example of a historical patent that can be used to illustrate the process. Retrieving the Patent Document The first step is to retrieve the patent document. This can be done through various databases such as the USPTO's Patent Public Search, PATENTSCOPE, or other patent search platforms[4]. Reading and Understanding the Patent Description The patent description provides a detailed explanation of the invention, including its background, summary, and detailed description. This section helps in understanding the context and purpose of the invention. Analyzing the Claims Claim Structure Patent claims are structured in a specific way, typically starting with an independent claim that broadly defines the invention, followed by dependent claims that narrow down the scope. Claim Types Independent Claims: These claims stand alone and define the invention without reference to other claims. Dependent Claims: These claims refer back to an independent claim and further limit the scope of the invention. Claim Language Claims are written in a formal, technical language. Understanding the terminology and the legal context is crucial for accurate analysis. Using Patent Analytics Tools Claim Coverage Matrix Tools like the Claim Coverage Matrix can help categorize patents by claims and scope concepts. This allows for a comprehensive analysis of which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist[3]. Claim Charts Interactive claim charts generated by software like ClaimScape® can be used to review patent coverage with technical experts. These charts help determine whether a particular scope concept is applicable to a target product or method and highlight areas where claim coverage is lacking[3]. Geographical and Technological Context Geographical Distribution Analyzing the geographical distribution of patent activity can provide insights into where the inventors reside and where the ownership rights are assigned. This can be particularly useful for understanding the regional impact of the patent[1]. Technological Categories Patents can be categorized by technology fields using systems like the International Patent Classification (IPC) or the Cooperative Patent Classification (CPC). This helps in understanding the technological context and trends related to the patent[1][4]. Gender and Inventorship Analysis In some cases, analyzing the gender distribution of inventors can provide additional insights. For example, the NCSES report uses fractional counting to match inventors to their gender, which can help in understanding the demographic trends in patenting activity[1]. Legal and Policy Considerations Small Claims Patent Court Understanding the legal framework surrounding patents is essential. For instance, the concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could impact how patent disputes are handled and how small inventors are protected[5]. Practical Applications and Future Directions Identifying Gaps and Opportunities By analyzing the claims and scope of a patent, companies can identify gaps in their current coverage and future design opportunities. This is crucial for maintaining a competitive edge and ensuring that the intellectual property is fully protected[3]. Updating Claim Charts As new patents are filed or as companies explore other avenues of development, claim charts can be updated to reflect these changes. This ensures that the patent landscape remains accurate and relevant over time[3]. Key Takeaways Patent Claims are Critical: Claims define the scope of the invention and are essential for understanding what is protected by the patent. Use of Analytics Tools: Tools like Claim Coverage Matrix and Claim Charts are invaluable for analyzing and managing patent claims. Geographical and Technological Context: Understanding where inventors reside and the technological field of the patent provides additional insights. Legal Considerations: Being aware of legal frameworks and potential changes, such as the small claims patent court, is important for navigating patent disputes. Continuous Monitoring: Regularly updating claim charts and analyzing the patent landscape is necessary to maintain full protection of intellectual property. FAQs What is the purpose of patent claims? Patent claims define the scope of the invention and specify what is protected by the patent, ensuring that the inventor has exclusive rights to the invention. How do I retrieve a patent document? You can retrieve a patent document through databases such as the USPTO's Patent Public Search, PATENTSCOPE, or other patent search platforms. What is a Claim Coverage Matrix? A Claim Coverage Matrix is a tool used to categorize patents by claims and scope concepts, helping to identify which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist. Why is geographical distribution of patent activity important? Geographical distribution helps in understanding where the inventors reside and where the ownership rights are assigned, providing insights into the regional impact of the patent. What is the role of the USPTO in patent analytics? The USPTO is responsible for granting patents and registering trademarks. It also provides resources and tools, such as the Patent Public Search database, to help in patent analytics and searching. Sources NCSES, Invention, Knowledge Transfer, and Innovation, 2024. USA.gov, U.S. Patent and Trademark Office (USPTO). SLWIP, Patent Analytics. Clemson University, Research and Course Guides: Patent Searching, Advanced: Overview, 2024. ACUS, U.S. Patent Small Claims Court. More… ↓ ⤷ Try for Free

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate

No data available in table
>Applicant	>Tradename	>Generic Name	>Dosage	>NDA	>Approval Date	>TE	>Type	>RLD	>RS	>Patent No.	>Patent Expiration	>Product	>Substance	>Delist Req.	>Patented / Exclusive Use	>Submissiondate

Details for Patent: 3,485,854

Summary for Patent: 3,485,854