Understanding the Scope and Claims of United States Patent 7,262,203
Introduction
United States Patent 7,262,203, titled "Pyrimidineamines as angiogenesis modulators," is a patent that covers a class of compounds useful in the treatment of disorders associated with inappropriate angiogenesis, such as cancer. This analysis will delve into the patent's scope, claims, and the broader patent landscape.
Patent Overview
The patent, assigned to a specific entity (though not specified in the provided sources), describes pyrimidineamine derivatives and their application in modulating angiogenesis. Angiogenesis, the process of forming new blood vessels, is a critical aspect of various diseases, including cancer, where it supports tumor growth and metastasis.
Claims of the Patent
The patent includes several claims that define the scope of the invention. Here are some key aspects:
Independent Claims
Independent claims are those that stand alone and do not depend on other claims. For US Patent 7,262,203, these claims typically describe the chemical structure of the pyrimidineamine compounds and their use in therapeutic applications.
Dependent Claims
Dependent claims build upon the independent claims and provide additional specificity. These might include specific substituents on the pyrimidine ring, methods of synthesis, or particular uses in treating different diseases.
Claim Language and Scope
The scope of the patent is defined by the language used in the claims. For example, the patent specifies various chemical compounds, such as 2-[4-[[4-[(2,3-dimethylindazol-6-yl)-methylamino]pyrimidin-2-yl]amino]phenyl]ethanesulfonamide, and their pharmaceutical applications[4].
Measuring Patent Scope
The scope of a patent can be measured using various metrics, such as independent claim length and independent claim count. Research suggests that narrower claims, as measured by these metrics, are associated with a higher probability of grant and a shorter examination process[3].
Independent Claim Length
Longer independent claims often indicate a more specific and narrower scope, which can be beneficial in avoiding prior art and ensuring patentability.
Independent Claim Count
A lower number of independent claims can suggest a more focused invention, which may be easier to defend and enforce.
Patent Examination Process
The examination process for US Patent 7,262,203 would have involved a thorough review of the claims to ensure they meet the requirements of patentability, including novelty, non-obviousness, and utility.
Narrowing Claims During Examination
Studies have shown that the patent examination process tends to narrow the scope of patent claims, both in terms of claim length and claim count. This narrowing helps to ensure that the granted patent is valid and enforceable[3].
Patentability and Eligibility
The patentability of claims under US Patent 7,262,203 would have been evaluated using the criteria set forth in Section 101 of the Patent Act. This includes determining whether the claims are directed to patent-eligible subject matter, such as new and useful processes, machines, manufactures, or compositions of matter.
Abstract Ideas and Natural Phenomena
The Supreme Court's "Alice" test is used to determine whether claims are directed to abstract ideas or natural phenomena, which are not patentable. For US Patent 7,262,203, the claims would need to be specific and tied to a particular application or improvement to avoid being classified as abstract ideas[2].
Global Patent Landscape
The global patent landscape is increasingly interconnected, with initiatives like the Global Dossier and Common Citation Document (CCD) aimed at harmonizing patent practices across different jurisdictions.
Global Dossier
This service allows users to access file histories of related applications from participating IP Offices, including the IP5 Offices. This can be particularly useful for understanding the global scope and status of related patents[1].
Common Citation Document (CCD)
The CCD consolidates prior art citations from multiple offices, providing a single point of access to citation data. This helps in evaluating the novelty and non-obviousness of patent claims across different jurisdictions[1].
Litigation and Enforcement
Patents like US 7,262,203 can be involved in litigation to enforce their claims against infringers. The process of litigation often involves claim construction, where the court interprets the meaning of the claims to determine infringement.
Claim Construction
In cases like Contour IP Holding LLC v. GoPro, Inc., the court's construction of disputed claim terms is crucial in determining whether the defendant's products infringe the patent claims. This process can be complex and may involve multiple steps, including the "Alice" test for patent eligibility[2].
Small Claims Patent Court
There have been discussions and studies on the feasibility of a small claims patent court in the U.S., which could potentially simplify and reduce the costs associated with patent litigation for smaller entities. This initiative is part of broader efforts to improve the patent system's efficiency and accessibility[5].
Key Takeaways
- Patent Scope: The scope of US Patent 7,262,203 is defined by its claims, which specify pyrimidineamine compounds and their therapeutic applications.
- Claim Language: The language used in the claims is critical in determining the patent's scope and ensuring it meets patentability requirements.
- Examination Process: The patent examination process narrows the scope of claims to ensure validity and enforceability.
- Global Landscape: Initiatives like the Global Dossier and CCD facilitate a more harmonized and accessible global patent system.
- Litigation: Claim construction and patent eligibility tests are crucial in litigation involving patents like US 7,262,203.
FAQs
Q: What is the main subject matter of US Patent 7,262,203?
A: The patent covers pyrimidineamine compounds and their use as angiogenesis modulators, particularly in treating disorders like cancer.
Q: How is the scope of a patent measured?
A: The scope can be measured using metrics such as independent claim length and independent claim count.
Q: What is the "Alice" test in patent law?
A: The "Alice" test is a two-step process used to determine whether patent claims are directed to abstract ideas or natural phenomena, which are not patentable.
Q: What is the Global Dossier service?
A: The Global Dossier service provides access to file histories of related applications from participating IP Offices, facilitating a more harmonized global patent system.
Q: Why is claim construction important in patent litigation?
A: Claim construction is crucial in determining the meaning of patent claims and whether they are infringed by the defendant's products.
Sources
- USPTO: Search for patents - USPTO
- CAFC: CONTOUR IP HOLDING LLC v. GOPRO, INC.
- SSRN: Patent Claims and Patent Scope
- Google Patents: US7262203B2 - Pyrimidineamines as angiogenesis modulators
- ACUS: U.S. Patent Small Claims Court
