Analyzing the Scope and Claims of United States Patent 7,351,414
Introduction
Understanding the scope and claims of a patent is crucial for assessing its validity, enforceability, and the protection it offers. This analysis will delve into the specifics of United States Patent 7,351,414, titled "Method of reducing the risk of bone fracture."
Patent Overview
US7351414B2 is a patent granted for a method aimed at increasing the toughness and/or stiffness of bone and reducing the likelihood or severity of bone fractures. Here’s a brief overview:
- Publication Number: US7351414B2
- Authority: United States
- Prior Art Date: Relevant dates include the filing and priority dates, which are essential for determining the patent's validity and scope[4].
Claims Analysis
The claims section of a patent is the most critical part, as it defines the scope of the invention.
Independent Claims
Independent claims stand alone and do not rely on other claims. For US7351414B2, the independent claims typically outline the core method or process.
- Claim 1: This claim usually sets the broadest scope of the invention. For example, it might describe the method of administering a specific compound to increase bone toughness and reduce fracture risk[4].
Dependent Claims
Dependent claims build upon the independent claims and provide additional details or limitations.
- Claim 2-10: These claims might specify particular aspects such as the dosage, duration of treatment, or specific patient groups. Each dependent claim narrows the scope but adds specificity to the invention[4].
Scope Concepts and Claim Coverage
To understand the patent landscape, it is essential to categorize the claims by scope concepts.
Claim Coverage Matrix
A Claim Coverage Matrix helps in identifying which patents and claims actively protect the intellectual property. For US7351414B2, this matrix would show how the claims cover various aspects of the method, such as:
- The type of compounds used
- The administration method
- The target patient population
- The expected outcomes (e.g., increased bone toughness, reduced fracture risk)[5].
Scope Concepts
Scope concepts are overarching categories that link claims on similar patents. For this patent, scope concepts might include:
- Bone Health: Claims related to increasing bone density or toughness.
- Fracture Prevention: Claims focused on reducing the risk or severity of bone fractures.
- Treatment Methods: Claims detailing the administration of specific compounds or therapies[5].
Patent Landscape
The patent landscape includes all relevant patents and applications that relate to the invention.
Related Patents and Applications
Using tools like the USPTO's Patent Public Search or international databases such as the European Patent Office's esp@cenet, one can identify related patents and applications. This helps in understanding the broader context and potential overlaps or gaps in protection[1].
Global Dossier
The Global Dossier service can provide access to the file histories of related applications from participating IP Offices. This is useful for seeing how the same invention has been treated in different jurisdictions and identifying any office actions or citations that might affect the scope of US7351414B2[1].
Legal Status and Expiration
Understanding the legal status of the patent is crucial for determining its current enforceability.
- Expired - Fee Related: The patent has expired due to non-payment of maintenance fees. This means the invention is no longer protected by the patent, and the method described can be freely used without infringing on the patent[4].
Economic and Practical Implications
The expiration of the patent has significant economic and practical implications.
- Public Domain: With the patent expired, the method is now in the public domain. This allows other companies or individuals to use the method without needing to obtain a license or pay royalties.
- Competitive Landscape: The expiration can alter the competitive landscape in the field of bone health and fracture prevention. Other companies may now develop similar products or methods without fear of patent infringement.
Analytical Tools and Datasets
For a deeper analysis, several tools and datasets can be utilized.
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents, including those granted between 1976 and 2014. This dataset can help in analyzing the scope and claims of US7351414B2 in the context of other similar patents[3].
Patent Analytics Software
Tools like ClaimScape® software can generate interactive claim charts to help review patent coverage. These charts can be used to determine whether a particular scope concept is applicable to a target product or method, highlighting gaps in current coverage and future design opportunities[5].
Key Takeaways
- Claims Analysis: Understanding the independent and dependent claims is crucial for defining the scope of the invention.
- Scope Concepts: Categorizing claims by scope concepts helps in analyzing the patent landscape and identifying gaps or opportunities.
- Patent Landscape: Identifying related patents and applications provides a broader context and helps in understanding potential overlaps or gaps.
- Legal Status: The expiration of the patent due to non-payment of maintenance fees means the invention is now in the public domain.
- Economic and Practical Implications: The expiration can significantly impact the competitive landscape and allow other companies to develop similar products or methods.
FAQs
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What is the main purpose of the method described in US7351414B2?
- The main purpose is to increase bone toughness and reduce the likelihood or severity of bone fractures.
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How can I determine the scope of protection offered by US7351414B2?
- By analyzing the independent and dependent claims, and using tools like a Claim Coverage Matrix and scope concepts.
-
What happens when a patent expires due to non-payment of maintenance fees?
- The invention enters the public domain, and others can use the method without infringing on the patent.
-
How can I find related patents and applications?
- Using databases such as the USPTO's Patent Public Search, Global Dossier, or international databases like esp@cenet.
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What is the significance of the Patent Claims Research Dataset in analyzing US7351414B2?
- It provides detailed information on claims from similar patents, helping in a comprehensive analysis of the scope and claims.
Sources
- USPTO - Search for patents
- ACUS - U.S. Patent Small Claims Court
- USPTO - Patent Claims Research Dataset
- Google Patents - US7351414B2
- SLWIP - Patent Analytics
