Analyzing the Scope and Claims of United States Patent 6,465,464
Introduction
United States Patent 6,465,464, titled "Method of Using (2-imidazolin-2-ylamino) Quinoxalines in Treating Ocular Neural Injury," was assigned to Allergan Inc. and granted on October 15, 2002. This patent is a significant example of intellectual property in the pharmaceutical sector, particularly in the treatment of ocular conditions. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Title and Abstract
The patent describes a method for treating ocular neural injuries using specific compounds known as (2-imidazolin-2-ylamino) quinoxalines. These compounds are part of a broader class of pharmaceuticals designed to address neural damage in the eye.
Priority Date and Grant Date
The priority date for this patent is June 28, 1995, indicating when the initial application was filed. The patent was granted on October 15, 2002, after a thorough examination process[2].
Scope of the Patent
Claim Analysis
The scope of a patent is largely defined by its claims, which outline the specific aspects of the invention that are protected. For US Patent 6,465,464, the claims would typically include:
- Independent Claims: These are the broadest claims that define the invention. They often set the boundaries of what is considered novel and non-obvious.
- Dependent Claims: These claims are narrower and build upon the independent claims, providing additional specificity and protection.
Research suggests that the scope of patent claims can be measured using metrics such as independent claim length and independent claim count. Narrower claims, as measured by these metrics, are often associated with a higher probability of grant and a shorter examination process[3].
Claim Language and Scope
The claim language in US Patent 6,465,464 would specify the exact method of using (2-imidazolin-2-ylamino) quinoxalines, including the dosage, administration route, and the specific ocular neural injuries being treated. The scope would be limited to these specific methods and compounds, preventing others from using the same or very similar methods without infringing on the patent.
Claims and Patent Examination
Examination Process
The examination process for US Patent 6,465,464 would have involved a thorough review by the USPTO to ensure that the claims were novel, non-obvious, and met all the statutory requirements. The examination process tends to narrow the scope of patent claims, as examiners may require applicants to amend their claims to overcome prior art or other objections[3].
Changes During Examination
Studies have shown that the examination process often results in narrower claims at publication compared to the initial application. This narrowing can be due to various factors, including prior art citations and office actions. For US Patent 6,465,464, any changes made during the examination process would be reflected in the file history, which can be accessed through the USPTO's Global Dossier or other search tools[1].
Patent Landscape
Related Patents and Applications
To understand the broader patent landscape, it is essential to look at related patents and applications. This can be done using tools like the USPTO's Patent Public Search or the Global Dossier. These tools allow users to see the patent family for a specific application, including all related applications filed at participating IP Offices[1].
Competitors and Similar Inventions
The pharmaceutical industry is highly competitive, and companies like Allergan Inc. often have multiple patents and applications related to similar inventions. Analyzing these related patents can provide insights into the company's research and development strategies and the overall competitive landscape.
International Patent Filings
Given the global nature of pharmaceutical research, it is likely that Allergan Inc. filed corresponding patent applications in other countries. Databases such as the European Patent Office's esp@cenet, the Japan Patent Office, and the World Intellectual Property Organization's PATENTSCOPE can be used to search for international patent filings related to this invention[1].
Practical Implications
Licensing and Litigation
The scope and claims of US Patent 6,465,464 have significant practical implications for licensing and litigation. A well-defined scope can help in negotiating licensing agreements and in defending against potential infringement claims. Conversely, overly broad or unclear claims can lead to increased litigation costs and decreased incentives for innovation[3].
Innovation and Competition
The patent system is designed to promote innovation by providing exclusive rights to inventors. However, the scope of the patent must be balanced to ensure that it does not stifle competition. In the case of US Patent 6,465,464, the specific method of using (2-imidazolin-2-ylamino) quinoxalines would be protected, but this would not prevent other companies from developing alternative treatments for ocular neural injuries.
Key Takeaways
- Patent Scope: Defined by the claims, which can be measured using metrics like independent claim length and count.
- Examination Process: Tends to narrow the scope of claims to ensure novelty and non-obviousness.
- Related Patents: Understanding the broader patent landscape involves looking at related patents and international filings.
- Practical Implications: Clear and well-defined claims are crucial for licensing, litigation, and promoting innovation.
FAQs
Q: What is the priority date for US Patent 6,465,464?
A: The priority date for US Patent 6,465,464 is June 28, 1995.
Q: How can the scope of a patent be measured?
A: The scope of a patent can be measured using metrics such as independent claim length and independent claim count.
Q: What is the role of the USPTO's Global Dossier in patent searching?
A: The Global Dossier provides access to the file histories of related applications from participating IP Offices, allowing users to see the patent family and related data.
Q: Why is it important to analyze related patents in the patent landscape?
A: Analyzing related patents helps in understanding the competitive landscape, the company's research strategies, and potential licensing or litigation issues.
Q: How does the patent examination process affect the scope of patent claims?
A: The examination process tends to narrow the scope of patent claims to ensure that they meet the statutory requirements of novelty and non-obviousness.
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- Unified Patents Portal - WO-1996013267-A2. Retrieved from https://portal.unifiedpatents.com/patents/patent/WO-1996013267-A2
- SSRN - Patent Claims and Patent Scope. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
