Details for Patent: 3,674,876

Summary for Patent: 3,674,876

Title:	BENZOTHIAZINE DIOXIDES AS LIPID REGULATING AGENTS
Abstract:	Certain 3,4-dihydro-4-oxo-2H-1,2-benzothiazine-3-carboxamide-1,1-dioxide and 3-oxo-2H-1,2-benzothiazine-4-carboxamide-1,1-dioxide compounds effective as lipid regulating agents are disclosed.
Inventor(s):	Lombardino; Joseph G. (Niantic, CT), Holland; Gerald F. (Old Lyme, CT)
Assignee:	Pfizer Inc. (N/A)
Application Number:	04/831,768
Patent Claim Types: see list of patent claims	Use; Dosage form;

Analyzing the Scope and Claims of a Patent: A Detailed Guide Using United States Patent 3,674,876 as an Example

Introduction

When analyzing a patent, understanding its scope and claims is crucial for determining its validity, enforceability, and the protection it offers. This article will delve into the intricacies of patent analysis using the example of United States Patent 3,674,876, although the specific details of this patent will not be available here, we will use general principles and tools to illustrate the process.

Understanding Patent Claims

What are Patent Claims?

Patent claims are the legal definitions of the invention and define the scope of protection afforded by the patent. They are not technical descriptions but legal documents that distinguish the invention from prior art and define the boundaries of the right to exclude others from making, using, or selling the invention[2].

Types of Claims

• Independent Claims: These claims stand alone and do not refer to any other claims.
• Dependent Claims: These claims refer to and further limit another claim.
• Method Claims: Describe a process or method.
• Apparatus Claims: Describe a device or system.

Analyzing the Specification

The Role of the Specification

The specification is the detailed description of the invention, including drawings and flowcharts. It discloses and teaches the invention, providing context for the claims. The claims must be viewed in light of the specification and prosecution history to understand their scope with reasonable certainty[2].

Key Components of the Specification

• Detailed Description: This section explains the invention in detail.
• Drawings and Flowcharts: Visual aids that help illustrate the invention.
• Background of the Invention: Provides context and explains the problem the invention solves.
• Summary of the Invention: A brief overview of the invention.

Claim Construction and Interpretation

Legal Standards

Claim construction is a question of law and is reviewed de novo on appeal. The claims must be precise enough to afford clear notice of what is claimed, thereby informing the public of what is still open to them[2].

Tools for Claim Construction

• Cooperative Patent Classification (CPC) Database: Helps in finding relevant classification schemes[1].
• Patent Public Search Database: Allows for full-text searching of patent grants and applications[1].
• Global Dossier: Provides access to file histories of related applications from participating IP Offices[4].

Assessing Claim Indefiniteness

Legal Criteria

A patent claim is indefinite if it fails to inform those skilled in the art about the scope of the invention with reasonable certainty. The definiteness requirement mandates clarity while recognizing that absolute precision is unattainable[2].

Example from Case Law

In the case of Nature Simulation Systems Inc. v. Autodesk, Inc., the district court's decision on claim indefiniteness was reversed because the claims, when viewed in the context of the specification and prosecution history, were found to be clear and not indefinite[2].

Patent Landscape Analysis

What is Patent Landscape Analysis?

Patent landscape analysis involves categorizing patents by claims and scope concepts to understand the broader intellectual property landscape. This helps in identifying gaps or opportunities in patent coverage[5].

Tools for Patent Landscape Analysis

• Claim Coverage Matrix: Shows which patents and claims are actively protecting the intellectual property and where gaps or opportunities exist[5].
• Claim Charts: Interactive charts generated by software like ClaimScape® that help review patent coverage and identify areas for improvement[5].

Tracking Patents by Claims and Scope Concepts

Categorization

Categorizing patents by claims and scope concepts allows for efficient filtering, searching, and analysis of large numbers of patent claims. This method is particularly useful for companies with extensive patent portfolios[5].

Example of Scope Concepts

Scope concepts can be categorized as:

• High Value: Directly relevant to current products or methods.
• Medium Value: Indicating potential future directions.
• Low Value: Perhaps not worth maintaining[5].

Using Patent Analytics

What is Patent Analytics?

Patent analytics involves analyzing patent data to understand which patents and claims are protecting the intellectual property and where gaps or opportunities exist. This helps in strategic decision-making and optimizing the patent portfolio[5].

Benefits of Patent Analytics

• Identify Gaps: Determine areas where current coverage is lacking.
• Future Design Opportunities: Highlight potential future directions.
• Efficient Management: Manage large patent portfolios more efficiently[5].

Accessing and Utilizing Patent Databases

USPTO Databases

The USPTO provides several databases and tools for patent searching, including the Patent Public Search database, Global Dossier, and the Patent Examination Data System (PEDS)[1][4].

International Databases

Databases like PATENTSCOPE and the worldwide database from the European Patent Office provide access to international patent applications and granted patents[1].

Common Citation Document (CCD)

What is CCD?

The Common Citation Document (CCD) consolidates prior art cited by all participating offices for the family members of a patent application, enabling a single-point access to up-to-date citation data[4].

Key Takeaways

• Claims Define the Scope: Patent claims legally define the invention and its boundaries.
• Specification Provides Context: The specification is crucial for understanding the claims.
• Claim Construction is Critical: Accurate claim construction is essential for determining the scope of protection.
• Patent Landscape Analysis: Helps in identifying gaps and opportunities in patent coverage.
• Patent Analytics: Essential for strategic decision-making and optimizing the patent portfolio.

FAQs

Q: What is the primary function of patent claims?

A: The primary function of patent claims is to provide notice of the boundaries of the right to exclude and to define the limits of the invention, distinguishing it from prior art[2].

Q: How do you determine if a patent claim is indefinite?

A: A patent claim is indefinite if it fails to inform those skilled in the art about the scope of the invention with reasonable certainty, considering the specification and prosecution history[2].

Q: What is the role of the Cooperative Patent Classification (CPC) database in patent searching?

A: The CPC database helps in finding relevant classification schemes for patents, facilitating more precise and efficient searching[1].

Q: How does patent landscape analysis help in managing a patent portfolio?

A: Patent landscape analysis helps in categorizing patents by claims and scope concepts, identifying gaps or opportunities in patent coverage, and optimizing the patent portfolio[5].

Q: What is the purpose of the Common Citation Document (CCD)?

A: The CCD consolidates prior art cited by all participating offices for the family members of a patent application, providing single-point access to up-to-date citation data[4].

Sources

1. Clemson University Libraries. Advanced Patent Searching: Overview. Clemson.libguides.com.
2. United States Court of Appeals for the Federal Circuit. Nature Simulation Systems Inc. v. Autodesk, Inc. October 17, 2022.
3. United States Patent and Trademark Office. Patent Claims Research Dataset. USPTO.gov.
4. United States Patent and Trademark Office. Search for Patents. USPTO.gov.
5. Schwegman, Lundberg & Woessner, P.A. Patent Analytics. SLWIP.com.

Drugs Protected by US Patent 3,674,876

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