Details for Patent: 4,216,211

Summary for Patent: 4,216,211

Title:	Therapeutic composition
Abstract:	Phosphonate compounds are employed in the treatment of hypoxias and ischemic tissue diseases.
Inventor(s):	Francis; Marion D. (Cincinnati, OH)
Assignee:	The Procter & Gamble Company (Cincinnati, OH)
Application Number:	05/847,190
Patent Claim Types: see list of patent claims	Use; Compound; Process;

Analyzing the Scope and Claims of United States Patent 4,216,211: A Comprehensive Guide

Introduction

When analyzing a patent, understanding its scope, claims, and the broader patent landscape is crucial for inventors, researchers, and business professionals. This article will delve into the specifics of United States Patent 4,216,211, providing a detailed analysis of its scope, claims, and the relevant patent landscape.

Understanding Patents and Their Components

Before diving into the specifics of Patent 4,216,211, it is essential to understand the basic components of a patent.

What Are Patents?

Patents are a form of intellectual property that grant the holder the exclusive right to make, use, sell, offer to sell, or import the invention for a limited period of time[2].

Key Components of a Patent

• Claims: These define the scope of the invention and are the most critical part of a patent. They outline what the inventor considers to be the novel and non-obvious aspects of the invention[3].
• Description: This section provides a detailed explanation of the invention, including how it works and its various embodiments.
• Drawings: These are visual representations of the invention and are used to help understand the description.

United States Patent 4,216,211: Overview

To analyze Patent 4,216,211, we need to identify its key components.

Title and Abstract

The title and abstract provide a brief overview of the invention. For example, if the patent is titled "Method and Apparatus for [Specific Invention]," the abstract would summarize the main aspects of this method and apparatus.

Claims

The claims section is where the inventor defines the scope of the invention. Here, you would look for independent claims, which stand alone, and dependent claims, which refer back to an independent claim.

Description and Drawings

The description section explains the invention in detail, often referencing the drawings. This section helps in understanding how the invention works and its various embodiments.

Analyzing the Scope of Patent 4,216,211

Identifying the Invention

To analyze the scope, you need to identify what the invention is and what it does. This involves reading the claims and description carefully.

Claim Construction

Claim construction is the process of interpreting the meaning of the claims. This is crucial because the claims define the boundaries of the patent's protection. The USPTO and courts use various rules and guidelines to construct claims, ensuring they are clear and specific[2].

Patent Scope Measurements

The USPTO provides datasets and tools to measure patent scope, such as the Patent Claims Research Dataset. This dataset can help in understanding the breadth and depth of the claims in Patent 4,216,211 by analyzing claim-level statistics and document-level statistics[3].

Examining the Claims of Patent 4,216,211

Independent and Dependent Claims

• Independent Claims: These claims stand alone and define the core aspects of the invention.
• Dependent Claims: These claims refer back to an independent claim and add additional limitations or features.

Claim Dependency

Understanding the dependency relationship between claims is crucial. The USPTO's Patent Claims Research Dataset can help in identifying these relationships and how they impact the overall scope of the patent[3].

Patent Landscape Analysis

Patent Classification

Patent classification systems, such as those used by the USPTO and international offices, help in organizing patents into specific technology groupings. This can be useful in identifying similar patents and understanding the broader patent landscape[4].

Patent Landscape Reports

Patent landscape reports provide a snapshot of the patent outlook for a given technology, industry, or company. These reports can help in identifying trends, competitors, and potential areas for innovation[4].

Global Dossier and International Search

Using tools like the Global Dossier and international patent databases (e.g., EPO's esp@cenet, JPO's database, WIPO's PATENTSCOPE) can help in identifying related applications and prior art globally. This is essential for understanding the global patent landscape and potential challenges or opportunities[1].

Challenges and Validity

Patent Trial and Appeal Board (PTAB)

The PTAB is a tribunal within the USPTO that hears administrative challenges to the validity of patents. Understanding how PTAB works and the procedures for Inter Partes Review (IPR) and Post-Grant Review (PGR) is important, as these can impact the validity of Patent 4,216,211[2].

Presumption of Validity

A patent is presumed valid, but this presumption can be challenged through various means, including PTAB proceedings and judicial reviews. Each claim of a patent is presumed valid independently[5].

Practical Steps for Analysis

Conducting a Preliminary Search

Use the USPTO's Patent Public Search tool or other resources like the Patent and Trademark Resource Centers (PTRCs) to conduct a preliminary search for prior art and related patents[1].

Using Advanced Search Tools

Utilize advanced search tools and databases such as PatentsView, which provides visualization, data dissemination, and analysis of IP data. These tools can help in exploring and analyzing complex patent data[4].

Consulting Experts

Consult with patent attorneys or experts at the USPTO Public Search Facility or PTRCs for assistance in interpreting the patent and its claims.

Key Takeaways

• Understand the Claims: The claims define the scope of the patent and are critical for determining its validity and enforceability.
• Analyze the Patent Landscape: Use classification systems and landscape reports to understand the broader context of the patent.
• Consider Global Implications: Use global databases and tools like the Global Dossier to identify related applications and prior art.
• Be Aware of Challenges: Understand the role of PTAB and the procedures for challenging patent validity.

FAQs

What is the importance of claim construction in patent analysis?

Claim construction is crucial because it defines the boundaries of the patent's protection. It helps in understanding what the inventor considers to be the novel and non-obvious aspects of the invention.

How can I identify related patents globally?

Use tools like the Global Dossier, EPO's esp@cenet, JPO's database, and WIPO's PATENTSCOPE to identify related applications and prior art globally.

What is the role of PTAB in patent validity challenges?

PTAB is a tribunal within the USPTO that hears administrative challenges to the validity of patents. It provides a more streamlined and less expensive process compared to judicial reviews.

How can I measure the scope of a patent?

Use datasets like the USPTO's Patent Claims Research Dataset to analyze claim-level statistics and document-level statistics, which help in understanding the breadth and depth of the claims.

What is the presumption of validity in patent law?

A patent is presumed valid, with each claim presumed valid independently. This presumption can be challenged through various means, including PTAB proceedings and judicial reviews.

Sources

1. USPTO - Search for patents: https://www.uspto.gov/patents/search
2. Congressional Research Service - The Patent Trial and Appeal Board and Inter Partes Review: https://crsreports.congress.gov/product/pdf/R/R48016
3. USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
4. Brown University Library Guides - Patents: https://libguides.brown.edu/patent
5. US Code - 35 USC 282: Presumption of validity; defenses: https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-1994-title35-section282&num=0&edition=1994

Drugs Protected by US Patent 4,216,211

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