Understanding the Scope and Claims of United States Patent 6,194,429
Introduction
United States Patent 6,194,429, titled "Alatrofloxacin parenteral compositions," is a patent that covers specific formulations of alatrofloxacin mesylate, a pharmaceutical compound. To delve into the scope and claims of this patent, it is essential to analyze its key components, the patent landscape, and the tools available for such analysis.
Patent Overview
Patent Details
- Publication Number: US6194429B1
- Authority: United States
- Prior Art Date: The patent was filed on August 2, 1999, and granted on February 13, 2001[5].
Invention Description
The patent describes alatrofloxacin mesylate compositions that are substantially free of less polar impurities. Alatrofloxacin is a fluoroquinolone antibiotic, and the invention focuses on parenteral compositions, which are formulations designed for injection.
Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations.
- Independent Claims: These claims outline the core elements of the invention, such as the composition of alatrofloxacin mesylate and the absence of less polar impurities.
- Dependent Claims: These claims build upon the independent claims by specifying additional characteristics, such as the concentration of the active ingredient, the type of solvent used, and other formulation details[5].
Claim Construction
Claim construction is crucial in understanding the scope of the patent. It involves interpreting the language of the claims to determine what is covered by the patent. For US6194429B1, the claims must be construed in light of the specification and the prosecution history to ensure that the scope is accurately defined.
Patent Scope and Coverage
Patent Scope Measurements
The scope of a patent can be measured using various metrics, such as those provided by the USPTO's Patent Claims Research Dataset. This dataset includes detailed information on claims from U.S. patents and can help in understanding the breadth and depth of patent coverage. For instance, the dataset provides claim-level statistics and document-level statistics, including measures of patent scope[3].
Prior Art and Novelty
To assess the novelty of the invention, it is necessary to conduct a thorough search of prior art. Tools like the USPTO's Patent Public Search, Global Dossier, and the Common Citation Document (CCD) can be used to identify relevant prior art and ensure that the invention is novel and non-obvious over existing technologies[4].
Patent Landscape
Competing Patents
The patent landscape for fluoroquinolone antibiotics and parenteral compositions is complex. Other patents may cover similar or related inventions, and understanding these patents is crucial for determining the competitive position of US6194429B1.
- Search International Patent Offices: Searching databases from international intellectual property offices, such as the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO), can provide insights into global patent coverage[4].
Litigation and Enforcement
The enforcement of patent rights often involves litigation. The feasibility of enforcing US6194429B1 would depend on various factors, including the validity of the patent, infringement by others, and the legal and practical considerations involved in pursuing legal action.
Tools for Analysis
USPTO Resources
The USPTO provides several resources that can aid in the analysis of patent scope and claims:
- Patent Public Search: A web-based tool that replaces legacy search tools and offers enhanced access to prior art[4].
- Global Dossier: A service that provides access to the file histories of related applications from participating IP offices[4].
- Patent Claims Research Dataset: A dataset that contains detailed information on claims from U.S. patents and can be used to analyze patent scope and coverage[3].
Consultative Groups and Expert Opinions
For complex patent analyses, consultative groups of academic experts and legal practitioners can provide valuable insights. For example, the Administrative Conference of the United States (ACUS) has engaged such groups to study issues related to patent courts and procedures[2].
Practical Considerations
Patent Assignment and Ownership
Understanding the current ownership and any assignments of the patent is crucial for licensing, enforcement, or other business decisions. The USPTO's Patent Assignment Search tool can be used to search for patent assignments and changes in ownership[4].
Patent Examination Data
The Patent Examination Data System (PEDS) provides access to bibliographic data for all publicly available patent applications, which can be useful in analyzing the examination history and any office actions related to the patent[4].
Key Takeaways
- Patent Claims: The patent includes independent and dependent claims that define the scope of the invention.
- Patent Scope: The scope can be measured using metrics from the USPTO's Patent Claims Research Dataset.
- Prior Art: Thorough searches using USPTO and international databases are necessary to ensure novelty.
- Patent Landscape: Understanding competing patents and global coverage is essential.
- Tools and Resources: Utilize USPTO resources, consultative groups, and expert opinions for comprehensive analysis.
FAQs
What is the main subject of United States Patent 6,194,429?
The main subject of US6194429B1 is alatrofloxacin mesylate parenteral compositions that are substantially free of less polar impurities.
How can I search for prior art related to this patent?
You can use the USPTO's Patent Public Search, Global Dossier, and the Common Citation Document (CCD) to search for prior art. Additionally, searching international patent offices' databases is recommended.
What tools does the USPTO provide for analyzing patent scope and claims?
The USPTO provides tools such as the Patent Claims Research Dataset, Patent Public Search, and Global Dossier to aid in analyzing patent scope and claims.
How can I determine the current ownership of US6194429B1?
You can use the USPTO's Patent Assignment Search tool to search for patent assignments and changes in ownership.
What is the significance of the Patent Examination Data System (PEDS)?
PEDS provides access to bibliographic data for all publicly available patent applications, which can be useful in analyzing the examination history and any office actions related to the patent.
Sources
- U.S. Patent and Trademark Office (USPTO) | USAGov
- U.S. Patent Small Claims Court - ACUS
- Patent Claims Research Dataset - USPTO
- Search for patents - USPTO
- US6194429B1 - Alatrofloxacin parenteral compositions - Google Patents