Understanding the Scope and Claims of United States Patent 7,473,686: A Detailed Analysis
Introduction
United States Patent 7,473,686, titled "Thrombopoietin mimetics," is a significant patent in the field of biomedical research, particularly in the area of hematopoietic growth factors. This patent, issued to inventors working on non-peptide thrombopoietin (TPO) mimetics, is crucial for understanding the development and application of these compounds. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background on Thrombopoietin Mimetics
Thrombopoietin (TPO) is a glycoprotein hormone that plays a critical role in the production of platelets. TPO mimetics are compounds designed to mimic the biological activity of TPO, promoting platelet production. These mimetics are valuable in treating conditions such as thrombocytopenia, where platelet counts are abnormally low[5].
Patent Scope and Claims
Patent Title and Abstract
The patent titled "Thrombopoietin mimetics" describes the invention of non-peptide compounds that mimic the biological activity of TPO. The abstract outlines the invention of novel processes and intermediates used in the preparation of these compounds.
Independent Claims
The patent includes several independent claims that define the scope of the invention. These claims typically cover the composition of matter, methods of preparation, and methods of use for the TPO mimetics. For example:
- Claim 1: This claim might define the specific chemical structure of the non-peptide TPO mimetics.
- Claim 2: This could outline the process for synthesizing these compounds.
- Claim 3: This might describe the method of using these mimetics to treat thrombocytopenia or other related conditions[5].
Dependent Claims
Dependent claims further specify the independent claims by adding additional limitations or details. These claims help to narrow down the scope of the invention and provide more specific embodiments.
Patent Claims Analysis
Claim Language and Scope
The language used in the claims is crucial for determining the patent's scope. Independent claim length and count, as discussed in other studies, can be metrics for measuring patent scope. Narrower claims, as indicated by shorter independent claim lengths and fewer independent claims, are often associated with a higher probability of grant and a shorter examination process[3].
Patent Maintenance and Forward Citations
The maintenance payments and forward citations for this patent can provide insights into its validity and impact. Patents with higher maintenance payments and more forward citations generally indicate a broader scope and greater influence in the field.
Examination Process and Allowance Rate
Historical Context
The allowance rate for patents in the biomedical field, particularly for drugs and medical instruments, has decreased over time. According to a study analyzing U.S. patent applications from 1996 to 2005, the overall allowance rate for utility patents was approximately 55.8% without using continuation procedures. This rate varied significantly across different technology fields, with the "Drugs and Medical Instruments" field experiencing a substantial decrease in allowance rates[1].
Continuation Procedures
The use of continuation procedures, such as Requests for Continued Examination (RCEs), can affect the examination process. For the patent in question, any RCEs filed would have extended the examination period and potentially influenced the final claims allowed[1].
Patent Landscape
Prior Art and Citations
The prior art cited in the patent application and the citations received by the patent post-grant are essential for understanding its position within the broader patent landscape. Tools like the Common Citation Document (CCD) and the Patent Public Search tool can help in identifying prior art and citations across different patent offices[4].
Global Dossier and International Search
The Global Dossier service provides access to the file histories of related applications from participating IP Offices, which can help in assessing the global patent family for this invention. This service is particularly useful for understanding how the patent has been treated in different jurisdictions[4].
Stakeholder Input and Legal Considerations
Small Claims Patent Court
While not directly related to this specific patent, the concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could impact the enforcement and litigation landscape for patents like this one. Such a court would aim to provide a more streamlined and cost-effective process for resolving patent disputes, which could affect how inventors and companies navigate the patent system[2].
Key Takeaways
- Patent Scope: The scope of US Patent 7,473,686 is defined by its claims, which cover non-peptide TPO mimetics, their preparation, and their use.
- Examination Process: The allowance rate for biomedical patents has decreased, and continuation procedures can extend the examination process.
- Patent Landscape: Understanding prior art, citations, and the global patent family is crucial for assessing the patent's impact and validity.
- Legal Considerations: Changes in the patent system, such as the potential for a small claims patent court, can influence how patents are enforced and litigated.
FAQs
Q: What is the primary focus of US Patent 7,473,686?
A: The primary focus of US Patent 7,473,686 is the invention of non-peptide thrombopoietin (TPO) mimetics, including their composition, preparation, and use.
Q: How do continuation procedures affect the patent examination process?
A: Continuation procedures, such as Requests for Continued Examination (RCEs), can extend the examination period and allow applicants to revise and resubmit their claims.
Q: What tools are available for searching and analyzing patent data?
A: Tools such as the Patent Public Search, Global Dossier, and Common Citation Document (CCD) are available for searching and analyzing patent data, including prior art and citations.
Q: How does the allowance rate vary across different technology fields?
A: The allowance rate varies significantly across different technology fields, with the "Drugs and Medical Instruments" field experiencing a substantial decrease in allowance rates over time.
Q: What is the significance of forward citations for a patent?
A: Forward citations indicate the impact and influence of a patent, with more citations generally suggesting a broader scope and greater influence in the field.
Sources
- Carley, M., Hegde, D., & Marco, A. (2015). What Is the Probability of Receiving a US Patent? Yale Journal of Law & Technology, 17, 203.
- Administrative Conference of the United States. (2022). U.S. Patent Small Claims Court.
- SSRN. (2016). Patent Claims and Patent Scope.
- United States Patent and Trademark Office. (2018). Search for patents.
- Google Patents. (n.d.). US7473686B2 - Thrombopoietin mimetics.
