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Patent landscape, scope, and claims: |
Analyzing the Scope and Claims of United States Patent 6,780,877: 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 details of United States Patent 6,780,877, exploring its claims, scope, and the broader patent landscape.
Patent Basics
Before diving into the specifics of US Patent 6,780,877, it is essential to understand the basics of patents. A patent is a form of intellectual property that grants the owner the exclusive right to make, use, sell, and distribute an invention for a specified period, usually 20 years from the filing date[5].
Overview of US Patent 6,780,877
US Patent 6,780,877 B2, hereafter referred to as the '877 patent, was issued on September 24, 2002. Here is a brief overview:
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Filing and Issue Dates: The patent application that issued as the '877 patent was filed on September 12, 2001, as a divisional of Application No. 09/331,792, filed on June 25, 1999. The earliest filing date for the '877 patent is December 25, 1997, from the PCT Application No. PCT/JP97/04826[2].
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Expiration Date: The original expiration date of the '877 patent was December 25, 2017, calculated from the earliest filing date[2].
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Patent Term Extension: The patent was eligible for a term extension due to regulatory review periods related to a human drug product. The extension resulted in a new expiration date of December 25, 2022[2].
Claims of the Patent
The claims of a patent define the scope of the invention and are critical for determining what is protected.
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Compound and Process Claims: The '877 patent includes compound claims (e.g., claims 1 and 3) and process claims (e.g., claim 2) that read on the approved product and the process for making it. These claims are specific to the chemical compounds and the methods used to produce them[2].
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Dependency and Scope: Understanding the dependency between claims is vital. In this case, the claims are structured to ensure that the invention is fully protected, including both the final product and the method of its production.
Patent Scope and Measurements
The scope of a patent can be measured in various ways, including the number of claims, the breadth of those claims, and the dependency between them.
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Patent Claims Research Dataset: The USPTO provides datasets that can help analyze patent scope. For instance, the Patent Claims Research Dataset contains detailed information on claims from US patents, including statistics on claim-level and document-level data. This can help in understanding the scope and complexity of the '877 patent in comparison to other patents[3].
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Breadth and Depth: The breadth of a patent refers to how broadly the claims cover the invention, while the depth refers to the specificity and detail of the claims. The '877 patent, with its specific compound and process claims, demonstrates a balanced approach between breadth and depth.
Patent Landscape Analysis
Analyzing the patent landscape involves looking at the broader context of related patents and technological developments.
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Patent Classification: Patents are classified into specific technology groupings based on common subject matter. Using classification systems, such as those provided by the USPTO or WIPO, can help identify related patents and technologies. This can be particularly useful for understanding the competitive landscape and potential infringement risks[4].
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Global Dossier and International Search: The Global Dossier service allows users to see the patent family for a specific application, including related applications filed at participating IP Offices. This can provide a comprehensive view of how the '877 patent fits into the global patent landscape[1].
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Patent Landscape Reports: These reports provide a snapshot of the patent outlook for a given technology or industry. They can be obtained from sources like WIPO and can help in understanding the state of the art and the positioning of the '877 patent within it[4].
Maintenance and Ownership
Maintaining a patent involves several steps, including paying maintenance fees and managing ownership changes.
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Maintenance Fees: The '877 patent required maintenance fees to be paid at specified intervals. The first maintenance fee was paid on February 1, 2008, and subsequent fees were due at later intervals[2].
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Ownership Changes: Any changes in ownership of the patent must be recorded with the USPTO. This includes assignments, licenses, and other transfers of ownership[5].
Regulatory Review and Term Extension
The '877 patent was subject to regulatory review periods, which affected its term.
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Regulatory Review Periods: The patent term extension was granted due to the time spent in regulatory review for a human drug product. This included the filing of an Investigational New Drug Application (IND) and a New Drug Application (NDA)[2].
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Impact on Expiration Date: The extension resulted in a new expiration date of December 25, 2022, providing additional protection for the invention beyond the original 20-year term[2].
Conclusion
Understanding the scope and claims of US Patent 6,780,877 involves a detailed analysis of its claims, the broader patent landscape, and the regulatory context.
Key Takeaways
- Claims and Scope: The '877 patent includes specific compound and process claims that define its scope.
- Patent Landscape: Analyzing the patent landscape involves using tools like the Global Dossier and patent classification systems.
- Maintenance and Ownership: Regular maintenance fees and proper recording of ownership changes are crucial.
- Regulatory Review: The patent term was extended due to regulatory review periods related to a human drug product.
FAQs
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What is the earliest filing date for US Patent 6,780,877?
- The earliest filing date for the '877 patent is December 25, 1997, from the PCT Application No. PCT/JP97/04826[2].
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What type of claims does the '877 patent include?
- The '877 patent includes compound claims and process claims that read on the approved product and the process for making it[2].
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How was the expiration date of the '877 patent extended?
- The expiration date was extended due to regulatory review periods related to a human drug product, resulting in a new expiration date of December 25, 2022[2].
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What tools can be used to analyze the patent landscape for the '877 patent?
- Tools such as the Global Dossier, patent classification systems, and patent landscape reports from WIPO can be used[1][4].
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Why is maintaining patent ownership records important?
- Maintaining accurate records of ownership changes is crucial for ensuring that the patent remains valid and enforceable[5].
Sources
- USPTO - Search for patents
- Regulations.gov - Attorney Docket No.
- USPTO - Patent Claims Research Dataset
- Brown University Library Guides - Patents
- USPTO - Patents
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