Analyzing the Scope and Claims of United States Patent 4,966,768: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the specifics of United States Patent 4,966,768, focusing on its claims, scope, and the broader patent landscape.
Background of Patent 4,966,768
United States Patent 4,966,768, titled "Extended Release Formulation Containing Etodolac," was granted for a sustained release dosage form of the analgesic/anti-inflammatory drug etodolac, commonly known by the brand name Lodine®. This patent is significant in the pharmaceutical industry, particularly in the development of controlled-release formulations.
Claims of the Patent
Independent Claims
The independent claims of a patent define the broadest scope of the invention. For Patent 4,966,768, these claims typically include:
- The composition of the extended release formulation.
- The method of preparing the formulation.
- The specific dosage form and its characteristics.
For example, Claim 1 might describe the formulation as "an extended release pharmaceutical composition comprising etodolac and a controlled release matrix"[5].
Dependent Claims
Dependent claims narrow down the scope of the independent claims by adding specific limitations. These could include:
- The type and amount of excipients used.
- The method of manufacturing the dosage form.
- The release profile of the drug.
Dependent claims help to further define the invention and can provide additional protection against infringement.
Scope of the Patent
Invention Description
The scope of the patent is defined by the detailed description of the invention. This includes the background of the invention, the summary of the invention, and the detailed description of the preferred embodiments.
For Patent 4,966,768, the scope would cover the specific formulation and method of preparing an extended release dosage form of etodolac, including the materials used and the process steps involved[5].
Prior Art and Novelty
To understand the scope, it is essential to consider the prior art cited during the patent examination process. The patent office evaluates whether the invention is novel and non-obvious over the existing prior art.
In the case of Patent 4,966,768, any prior art related to extended release formulations of analgesic/anti-inflammatory drugs would be considered to determine the novelty and non-obviousness of the invention.
Patent Landscape
Global Dossier and Patent Family
Using tools like the Global Dossier, one can identify the patent family for a specific application, including all related applications filed at participating IP Offices. This helps in understanding the global protection and any variations in claims across different jurisdictions[1].
International Patent Offices
Searching international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can reveal whether similar patents have been granted or applied for in other countries. This is crucial for global market strategies[1][4].
Cooperative Patent Classification (CPC)
The Cooperative Patent Classification (CPC) system allows for the classification of patents across different jurisdictions. Searching the CPC database can help identify relevant patents and classify the invention within the broader patent landscape[4].
Tools for Patent Search
Patent Public Search
The USPTO's Patent Public Search tool is a powerful resource for searching existing patents and published patent applications. It provides two modern interfaces that enhance access to prior art and improve the overall patent searching process[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs offer training in patent search techniques and maintain local search resources, which can be invaluable for conducting a thorough search related to Patent 4,966,768[1].
Common Citation Document (CCD)
The CCD application consolidates citation data from participating IP Offices, allowing users to visualize search results for the same invention on a single page. This tool is particularly useful for understanding the prior art cited across different offices[1].
Economic and Legal Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents and applications. This dataset can help analyze the scope and claims of Patent 4,966,768 in the context of broader patent trends and economic implications[3].
Small Claims Patent Court
The concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could impact the enforcement and litigation of patents like 4,966,768. Such a court would provide a more streamlined and cost-effective way to resolve patent disputes[2].
Key Takeaways
- Claims Analysis: Understanding the independent and dependent claims is crucial for defining the scope of the patent.
- Patent Landscape: Using tools like Global Dossier and CPC helps in understanding the global protection and classification of the patent.
- Search Tools: Utilizing resources such as Patent Public Search, PTRCs, and CCD is essential for thorough patent searches.
- Economic and Legal Implications: Analyzing patent claims datasets and considering legal reforms like small claims patent courts can provide insights into the broader implications of the patent.
FAQs
Q: What is the main subject of United States Patent 4,966,768?
A: The main subject is an extended release formulation containing the analgesic/anti-inflammatory drug etodolac.
Q: How can I search for similar patents globally?
A: You can use databases like the Global Dossier, EPO's esp@cenet, JPO's patent database, and WIPO's PATENTSCOPE to search for similar patents globally[1][4].
Q: What is the Cooperative Patent Classification (CPC) system?
A: The CPC system is a classification system used to classify patents across different jurisdictions, helping in identifying relevant patents and classifying inventions within the broader patent landscape[4].
Q: What tools can I use to analyze the claims of a patent?
A: You can use the USPTO's Patent Claims Research Dataset and tools like the Patent Public Search and Common Citation Document (CCD) to analyze the claims of a patent[1][3].
Q: How does the concept of a small claims patent court impact patent enforcement?
A: A small claims patent court would provide a more streamlined and cost-effective way to resolve patent disputes, potentially making it easier for inventors and small businesses to enforce their patents[2].
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- ACUS - U.S. Patent Small Claims Court. Retrieved from https://www.acus.gov/research-projects/us-patent-small-claims-court
- USPTO - Patent Claims Research Dataset. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Clemson University - Advanced Patent Searching. Retrieved from https://clemson.libguides.com/advanced_patent_searching
- Google APIs - Extended release formulation containing etodolac. Retrieved from https://patentimages.storage.googleapis.com/51/0e/06/efc2ae2e94dd7b/EP1331003A1.pdf
