Understanding the Scope and Claims of a U.S. Patent: A Detailed Analysis of U.S. Patent 7,144,861
Introduction
Patents are a crucial component of intellectual property, providing exclusive rights to inventors and innovators for their creations. To fully comprehend the value and implications of a patent, it is essential to delve into its scope and claims. This article will provide a detailed analysis of U.S. Patent 7,144,861, using it as a case study to illustrate key concepts in patent law.
What is a Patent?
A patent is a form of intellectual property that gives the owner the right to exclude others from making, using, selling, and importing an invention for a certain period, usually 20 years from the date of filing. Patents are granted by the United States Patent and Trademark Office (USPTO) after a thorough examination process to ensure the invention is novel, non-obvious, and useful[1].
The Importance of Patent Claims
Patent claims are the heart of a patent, defining the scope of protection granted to the inventor. Claims are statements that describe the invention in precise terms, outlining what the inventor considers to be their contribution to the field. The claims section is critical because it determines what is protected and what is not[3].
U.S. Patent 7,144,861: An Overview
U.S. Patent 7,144,861, titled "Stabilized Teriparatide Solutions," was granted to Eli Lilly and Company. This patent pertains to pharmaceutical compositions, specifically stabilized solutions containing teriparatide, a synthetic form of the naturally occurring hormone parathyroid hormone-related protein.
Abstract and Background
The abstract of the patent describes a stabilized pharmaceutical composition in the form of a solution containing teriparatide. The background section explains the need for stable formulations of teriparatide, which is used to treat conditions such as osteoporosis. The inventors, Chin-Ming Chang and Henry A. Havel, developed a method to stabilize teriparatide solutions using various stabilizing agents and preservatives[4].
Claims
The claims section of U.S. Patent 7,144,861 is where the inventors define their invention in legal terms. Here are some key claims:
- Claim 1: A stabilized pharmaceutical composition in the form of a solution containing teriparatide and at least one stabilizing agent.
- Claim 2: The composition of claim 1, wherein the stabilizing agent is a saccharide, a sugar alcohol, or a polyhydric alcohol.
- Claim 3: The composition of claim 1, wherein the solution includes a buffer and a parenterally acceptable preservative.
These claims specify the essential elements of the invention, including the active ingredient (teriparatide), the stabilizing agents, and other components of the solution.
Dependent Claims
Dependent claims build upon the independent claims and provide additional details or limitations. For example:
- Claim 4: The method of claim 3, wherein the buffer is acetate.
- Claim 5: The method of claim 4, wherein the parenterally acceptable preservative is m-cresol or benzyl alcohol.
These dependent claims narrow down the scope of the invention, providing more specific embodiments of the stabilized teriparatide solution.
Patent Scope and Landscape
The scope of a patent is determined by its claims, but understanding the broader patent landscape is also crucial.
Global Dossier
The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This service helps in understanding how a patent fits into the global intellectual property landscape[1].
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014. This dataset can be used to analyze trends and patterns in patent claims, including the scope and complexity of patents in various fields[3].
Economic Value of Patents
Patents have significant economic value, as they can be bought, sold, and licensed.
Pricing Patents
The value of a patent can vary widely. For instance, the mean price per document for patent transactions can range from $146,000 to $483,924, depending on the deal size and industry. Notable transactions include the sale of Nortel's patent portfolio for $4.5 billion, where each patent document was valued at $750,000[2].
Licensing and Enforcement
Patents can be licensed to other companies, generating revenue for the patent holder. However, enforcing patent rights can be costly and complex, often involving litigation. The concept of a small claims patent court has been discussed to make the enforcement process more accessible and less expensive for smaller entities[5].
Practical Implications for Business
Understanding the scope and claims of a patent is vital for businesses to navigate the intellectual property landscape effectively.
Avoiding Infringement
Companies must ensure that their products or processes do not infringe on existing patents. Conducting thorough patent searches and analyzing the claims of relevant patents can help in avoiding potential infringement issues.
Licensing and Collaboration
Patents can be a valuable asset for collaboration and licensing. By understanding the scope of a patent, companies can identify potential partners or licensing opportunities that can drive innovation and revenue.
Key Takeaways
- Patent Claims: The claims section of a patent defines the scope of protection and is crucial for understanding what is protected.
- Patent Scope: The scope of a patent is determined by its claims and should be analyzed within the broader patent landscape.
- Economic Value: Patents have significant economic value and can be bought, sold, and licensed.
- Practical Implications: Understanding patent claims and scope is essential for businesses to avoid infringement, identify licensing opportunities, and navigate the intellectual property landscape.
FAQs
What is the purpose of the claims section in a patent?
The claims section defines the scope of protection granted to the inventor, outlining what the inventor considers to be their contribution to the field.
How do dependent claims differ from independent claims?
Dependent claims build upon independent claims and provide additional details or limitations, narrowing down the scope of the invention.
What is the Global Dossier service?
The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices.
What is the economic value of patents?
Patents can be highly valuable, with prices ranging from tens of thousands to millions of dollars per document, depending on the industry and deal size.
Why is understanding patent scope important for businesses?
Understanding patent scope helps businesses avoid infringement, identify licensing opportunities, and navigate the intellectual property landscape effectively.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Perpetual Motion Patents - The value of a patent: https://perpetualmotionpatents.com/the-value-of-a-patent/
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Patent Application Publication - US 2007/0021343 A1: https://patentimages.storage.googleapis.com/46/44/fa/f04d290c3799b1/US20070021343A1.pdf
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
