Analyzing the Scope and Claims of United States Patent 7,645,460
Introduction
Understanding the scope and claims of a patent is crucial for inventors, businesses, and legal professionals. This article will delve into the details of United States Patent 7,645,460, exploring its claims, scope, and the broader patent landscape.
Patent Overview
United States Patent 7,645,460, hereafter referred to as the '460 patent, is a utility patent that was granted to Warner Chilcott Company, LLC. To analyze this patent, we need to look at its claims, the technology it covers, and any relevant legal and technical contexts.
Claims Analysis
Claim Structure
Patent claims are the heart of any patent, defining the scope of the invention. The '460 patent includes multiple claims, each of which outlines a specific aspect of the invention. For instance, claim 20 of the '460 patent was a subject of litigation in the case of Warner Chilcott Co., LLC v. Teva Pharms. USA, Inc.[2].
Claim 20
Claim 20 is particularly noteworthy as it was one of the claims that underwent significant scrutiny during the litigation. This claim would typically describe a specific embodiment or aspect of the invention, and its validity and scope would be critical in determining the patent's overall enforceability.
Scope of the Patent
Independent Claim Length and Count
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 at publication are associated with a higher probability of grant and a shorter examination process than broader claims[3].
Patent Maintenance Payments and Forward Citations
The scope of the '460 patent can also be inferred from its maintenance payments and forward citations. Patents with narrower claims tend to have higher maintenance payments and more forward citations, indicating their relevance and impact in the field[3].
Patent Landscape
Prior Art and Citation Data
To understand the '460 patent's place in the patent landscape, it is essential to look at prior art and citation data. Tools like the Common Citation Document (CCD) and the Patent Public Search tool provided by the USPTO can help in identifying prior art cited by various patent offices for the same invention[1].
Global Dossier
The Global Dossier service allows users to view the patent family for a specific application, including all related applications filed at participating IP Offices. This can provide insights into how the '460 patent is related to other patents globally[1].
Legal Context
Litigation History
The '460 patent has been involved in litigation, notably in the case against Teva Pharmaceuticals USA, Inc. This litigation highlighted the importance of claim 20 and other claims in determining the patent's validity and enforceability[2].
Court Rulings
Court rulings in such cases can significantly impact the scope and claims of a patent. For example, the court may find certain claims invalid or limit the scope of the patent based on evidence presented during the trial[5].
Technical Context
Cooperative Patent Classification (CPC)
The Cooperative Patent Classification (CPC) system can help in understanding the technical classification of the '460 patent. This system allows for more precise searching and categorization of patents, providing a clearer picture of the patent's technical scope[4].
International Patent Cooperation
The '460 patent, like many others, is part of an international patent cooperation framework. Databases such as PATENTSCOPE and the European Patent Office's esp@cenet provide access to international patent applications and granted patents, allowing for a global perspective on the patent's scope and claims[1][4].
Practical Implications
Conducting a Preliminary Search
For those interested in understanding the '460 patent or conducting a similar search, the USPTO provides several resources, including the Patent Public Search tool and the Patent and Trademark Resource Centers (PTRCs). These resources can help in conducting a preliminary search to identify prior art and understand the patent landscape[1][4].
Machine Translation and Sequence Listings
Tools like machine translation services provided by the European Patent Office and the Japan Patent Office can facilitate the search process by making foreign patents more accessible. Additionally, resources like the Publication Site for Issued and Published Sequences (PSIPS) can be useful for patents involving sequences and tables[1][4].
Key Takeaways
- Claims Analysis: Understanding the specific claims, such as claim 20 of the '460 patent, is crucial for determining the patent's scope and enforceability.
- Scope Metrics: Metrics like independent claim length and count can provide insights into the patent's breadth and validity.
- Prior Art and Citation Data: Tools like the CCD and Global Dossier are essential for identifying prior art and understanding the patent's global context.
- Legal and Technical Context: Litigation history and technical classifications using CPC can further clarify the patent's scope and claims.
- Practical Resources: Utilizing resources like the Patent Public Search tool and PTRCs can aid in conducting thorough patent searches.
FAQs
Q: What is the significance of claim 20 in the '460 patent?
A: Claim 20 was a subject of litigation and is crucial in defining the scope and enforceability of the '460 patent.
Q: How can one measure the scope of a patent like the '460 patent?
A: Metrics such as independent claim length and count, as well as maintenance payments and forward citations, can be used to measure the scope of a patent.
Q: What tools are available for searching prior art related to the '460 patent?
A: Tools like the Common Citation Document (CCD) and the Patent Public Search tool provided by the USPTO are available for searching prior art.
Q: How does the Global Dossier service help in understanding the '460 patent?
A: The Global Dossier service allows users to view the patent family for a specific application, including all related applications filed at participating IP Offices.
Q: What resources are available for conducting a preliminary patent search?
A: Resources include the Patent Public Search tool, Patent and Trademark Resource Centers (PTRCs), and training materials provided by the USPTO.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Robins Kaplan - Warner Chilcott Co., LLC v. Teva Pharms. USA, Inc.: https://www.robinskaplan.com/newsroom/insights/warner-chilcott-co-v-teva-pharms-usa
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Clemson University - Advanced Patent Searching: https://clemson.libguides.com/advanced_patent_searching
- Finnegan - CLOSED UNITED STATES DISTRICT COURT DISTRICT OF NEW: https://www.finnegan.com/a/web/101579/2015.03.04-211cv06936-Warner-v-Teva-Judgment-DI307.pdf
