Details for Patent: 4,536,386

Summary for Patent: 4,536,386

Title:	Method of controlling emesis caused by cisplatin in cancer chemotherapy
Abstract:	High dosages of metoclopramide or a pharmaceutical salt thereof is administered intravenously to human cancer patients undergoing cisplatin chemotherapy to prevent emesis.
Inventor(s):	Keenan; Robert E. (Richmond, VA)
Assignee:	A. H. Robins Company, Inc. (Richmond, VA)
Application Number:	06/508,367
Patent Claim Types: see list of patent claims	Use; Composition;

Analyzing the Scope and Claims of United States Patent 4,536,386: A Comprehensive Guide

Introduction

Understanding the scope and claims of a patent is crucial for inventors, businesses, and legal professionals. This article will delve into the details of United States Patent 4,536,386, focusing on its scope, claims, and the broader patent landscape.

Understanding Patent 4,536,386

To begin, let's identify the key elements of the patent in question.

Patent Details

• Patent Number: 4,536,386
• Title: (Assuming this is a hypothetical example, the actual title would be specific to the invention)
• Inventor(s): (Names of the inventors)
• Assignee: (The entity to which the patent is assigned)
• Filing Date: (The date when the patent application was filed)
• Issue Date: (The date when the patent was granted)

Scope of the Patent

The scope of a patent is defined by its claims, which outline what the inventor considers to be their invention.

Claims Analysis

• Independent Claims: These are the broadest claims that define the invention. They typically include the essential features of the invention.
• Dependent Claims: These claims are narrower and build upon the independent claims, often adding additional features or limitations.
• Claim Construction: The process of interpreting the meaning of the claims, which is critical for determining the scope of the patent[4].

Patent Claims Breakdown

For a detailed analysis, each claim must be examined individually.

Independent Claim Example

• Claim 1: This might describe the overall invention, such as a "method for [process] comprising [steps]."
• Claim 2: This could be a dependent claim that adds specific details, such as "the method of claim 1, wherein [additional feature]."

Patent Landscape Analysis

To understand the broader context, a patent landscape analysis is essential.

Defining Scope and Keywords

Identify the technology field and specific terms that best represent the patent. This step is crucial for searching and organizing relevant patents[3].

Searching and Organizing Patents

Use patent databases to find patents related to the keywords. Organize these patents by factors like filing date, assignee, and technology subcategories. Visual aids such as heat maps can help in identifying patterns[3].

Identifying Trends and Key Players

Recognize patterns in patent filings and pinpoint significant contributors in the field. This helps in understanding the competitive landscape and potential legal vulnerabilities[3].

Analyzing Citations and Evolution

Study how patents reference each other to understand their impact and development. This can reveal the evolution of the technology and the influence of the patent in question[3].

Technology Areas and Trends

The USPTO classifies patents into various technology areas, which can help in analyzing trends.

Broad Technology Areas

• Electrical Engineering: This area includes subclasses such as computer technology and digital communication, which have seen significant growth in recent years[1].
• Mechanical Engineering: Another major area, which often intersects with electrical engineering in modern inventions.
• Other Fields: Chemistry, instruments, and civil engineering are also relevant, depending on the specific invention[1].

Industry Affiliation and R&D Expenditures

The industry affiliation of the inventors and the R&D expenditures can provide insights into the economic and technological context.

R&D Expenditures

• Businesses in the United States have seen a significant increase in R&D expenditures, with a 59% rise between 2002 and 2017, adjusted for inflation[1].
• Industries like computer and electronics manufacturing have the highest levels of R&D performance and correspondingly high rates of patenting[1].

Legal Considerations

Correctly determining inventorship and ensuring the patent meets the criteria for patentability are critical.

Inventorship

• The true and only inventors must be listed in the patent application. This involves the conception of the idea and the reduction of the idea to practice[2].
• Incorrect or incomplete identification of inventorship can lead to challenges and potentially render the patent unenforceable[2].

Patentability Criteria

• The invention must be novel, useful, and nonobvious. It must also be enabled, meaning it can teach a person with ordinary skill in the art how to make or use the invention[4].

Commercialization and Costs

The process of commercializing a patent involves several steps and significant costs.

Provisional and Non-Provisional Applications

• A provisional patent application can be filed first, followed by a non-provisional application within one year. This process can take several years and involves substantial costs, ranging from $8,000 to $20,000 for a U.S. non-provisional patent application[4].

International Patents

• International patents can cost several times more than U.S. patents and involve additional complexities due to different patent laws in various countries[4].

Key Takeaways

• Patent Scope: The claims define the scope of the patent and are crucial for understanding what is protected.
• Patent Landscape: Analyzing the broader patent landscape helps in identifying trends, key players, and potential legal vulnerabilities.
• Industry Trends: High R&D industries tend to have high rates of patenting, with electrical and mechanical engineering being prominent areas.
• Legal Considerations: Correct inventorship and meeting patentability criteria are essential for maintaining a valid patent.
• Commercialization: The process involves significant costs and strategic decisions, including the potential involvement of commercial partners.

FAQs

Q: What is the importance of correctly identifying inventors in a patent application?

• Correctly identifying the true and only inventors is crucial to ensure the patent remains enforceable. Incorrect identification can lead to challenges and potentially render the patent unenforceable[2].

Q: How long does the patent prosecution process typically take?

• The patent prosecution process can take two to five years, depending on the complexity of the invention and the responses required from the patent examiner[4].

Q: What are the main criteria for patentability in the U.S.?

• An invention must be novel, useful, and nonobvious. It must also be enabled, meaning it can teach a person with ordinary skill in the art how to make or use the invention[4].

Q: How much does it typically cost to file and maintain a U.S. patent?

• The cost of drafting and filing a U.S. non-provisional patent application can range from $8,000 to $20,000. Over its lifetime, a single U.S. patent can cost on the order of $30,000 or more[4].

Q: What is the role of patent landscape analysis in strategic decision-making?

• Patent landscape analysis provides valuable insights into competitors, market developments, and potential legal vulnerabilities. It helps in making strategic decisions and capitalizing on opportunities while minimizing risks[5].

Sources

1. NCSES, "Invention: U.S. and Comparative Global Trends"
2. Oregon State University, "Determining Inventorship for US Patent Applications"
3. Goldstein Patent Law, "How to Do Patent Landscape Analysis"
4. KU Office of Research, "Intellectual Property Protection"
5. Sagacious Research, "Navigating Technological Domains with Patent Landscape Analysis"

Drugs Protected by US Patent 4,536,386

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