Analyzing the Scope and Claims of United States Patent 4,868,179
Introduction
United States Patent 4,868,179, titled "Method of reducing mortality associated with congestive heart failure," is a significant patent in the medical field, particularly in the treatment of heart failure. This analysis will delve into the scope and claims of this patent, as well as the broader patent landscape surrounding it.
Patent Overview
Title and Abstract
The patent, issued on September 19, 1989, describes a method for reducing mortality associated with chronic congestive heart failure in patients. The method involves administering specific medications to patients suffering from this condition[5].
Background
Congestive heart failure is a serious condition where the heart does not pump blood as well as it should. The invention aimed to address the high mortality rates associated with this condition by introducing a novel therapeutic approach.
Claims Analysis
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims are crucial as they outline what is considered novel and non-obvious about the invention.
- Claim 1: This claim typically sets the broadest scope of the invention, describing the method of administering a specific combination of drugs to reduce mortality in patients with congestive heart failure[5].
Dependent Claims
Dependent claims further narrow down the scope by adding additional limitations or specifics to the independent claims. These claims often provide more detailed descriptions of the method, including dosages, administration routes, and patient groups.
- Claim 2-10: These claims may include variations such as different dosages, combinations of drugs, and specific patient populations[5].
Scope of the Patent
Patent Scope Metrics
Research on patent scope often uses metrics such as independent claim length and independent claim count to measure the breadth of a patent. Narrower claims, as indicated by shorter lengths and fewer counts, are generally associated with a higher probability of grant and a shorter examination process[3].
- Claim Length and Count: For Patent 4,868,179, analyzing the length and count of independent claims can provide insights into the patent's scope. Typically, patents with narrower claims are more likely to be granted and face fewer challenges during the examination process.
Patent Maintenance and Forward Citations
The maintenance payments and forward citations of a patent can also indicate its scope and impact. Patents with narrower claims tend to have higher maintenance payments and more forward citations, suggesting their relevance and influence in the field[3].
Patent Landscape
Related Patents and Applications
To understand the broader patent landscape, it is essential to identify related patents and applications. This can be done using tools like the USPTO's Patent Public Search or international databases such as PATENTSCOPE.
- Global Dossier: This service allows users to see the patent family for a specific application, including all related applications filed at participating IP Offices. For Patent 4,868,179, this would reveal any international counterparts or related inventions[1].
Competing Inventions
Analyzing competing inventions in the field of heart failure treatment can provide context on the novelty and non-obviousness of Patent 4,868,179.
- Prior Art: Searching prior art using resources like the USPTO's Patent Public Search or the European Patent Office's esp@cenet can help identify earlier inventions that may have influenced or been considered during the examination of this patent[1][4].
International Patent Considerations
Global Patent Offices
To see if similar inventions have been patented abroad, one must refer to searchable databases from other international intellectual property offices.
- WIPO PATENTSCOPE: This service provides full-text searches of published international patent applications and machine translations for some documents. It can help in identifying whether the method described in Patent 4,868,179 has been patented or applied for in other countries[1][4].
Practical Search Tools
USPTO Resources
The USPTO offers several resources for conducting thorough patent searches:
- Patent Public Search: This tool provides enhanced access to prior art and is a powerful resource for searching U.S. patents and applications[1].
- Patent and Trademark Resource Centers (PTRCs): These centers offer local search resources and training in patent search techniques, which can be invaluable for detailed analyses[1].
Cooperative Patent Classification (CPC)
The CPC database can be searched to find relevant classification schemes, helping to identify patents that are closely related to the subject matter of Patent 4,868,179[4].
Legal and Regulatory Aspects
Patent Term Extension
Patent term extensions can be relevant if the patent has undergone regulatory delays. For example, an application for extension of the patent term under 35 U.S.C. ยง 156 might have been filed if there were significant regulatory review periods[2].
Impact and Relevance
Clinical Implications
The method described in Patent 4,868,179 has significant clinical implications for the treatment of congestive heart failure. The reduction in mortality rates associated with this condition is a critical advancement in medical science.
Economic Impact
The economic impact of this patent can be substantial, considering the costs associated with treating heart failure and the potential savings from reduced mortality rates. The patent's influence on pharmaceutical research and development is also noteworthy.
Key Takeaways
- Patent Claims: The scope of Patent 4,868,179 is defined by its independent and dependent claims, which outline the method of treating congestive heart failure.
- Patent Scope Metrics: Narrower claims are associated with higher grant probabilities and shorter examination processes.
- Global Considerations: The patent landscape includes international counterparts and related inventions that can be identified through global patent databases.
- Clinical and Economic Impact: The patent has significant clinical and economic implications for the treatment of heart failure.
FAQs
Q: What is the main invention described in United States Patent 4,868,179?
A: The main invention is a method of reducing mortality associated with chronic congestive heart failure by administering specific medications.
Q: How can one search for related patents to Patent 4,868,179?
A: One can use the USPTO's Patent Public Search, Global Dossier, or international databases like PATENTSCOPE to search for related patents.
Q: What are the key metrics for measuring patent scope?
A: Key metrics include independent claim length and independent claim count, which can indicate the breadth and validity of the patent[3].
Q: How does the Cooperative Patent Classification (CPC) help in patent searching?
A: The CPC database helps in finding relevant classification schemes, making it easier to identify closely related patents[4].
Q: What is the significance of forward citations in evaluating a patent's impact?
A: Forward citations indicate the influence and relevance of a patent, suggesting its importance in the field and potential for further innovation[3].
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USPTO - Patent Term Extension: https://www.uspto.gov/web/offices/com/sol/foia/comm/pte/4868179.pdf
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Clemson University - Advanced Patent Searching: https://clemson.libguides.com/advanced_patent_searching
- Google Patents - Method of reducing mortality associated with congestive heart failure: https://patents.google.com/patent/US4868179A/en
