Understanding the Scope and Claims of United States Patent 7,687,052
Introduction
Patent US7687052B2, titled "Styrylpyridine derivatives and their use for binding and imaging amyloid plaques," is a significant invention in the field of medical diagnostics and imaging. This patent, granted to inventors in the field of neurology and chemistry, highlights the importance of intellectual property protection in driving innovation. Here, we will delve into the details of this patent, including its scope, claims, and the broader patent landscape.
Patent Overview
Invention Description
The patent US7687052B2 describes a method for imaging amyloid deposits using styrylpyridine compounds. These compounds are designed to bind to amyloid plaques, which are associated with neurodegenerative diseases such as Alzheimer's. The invention includes the synthesis of radiolabeled styrylpyridine derivatives and their application in medical imaging techniques[4].
Scope of the Patent
Technological Field
This patent falls under the broad technology area of chemistry and pharmaceuticals, specifically within the subcategory of medical imaging and diagnostics. The World Intellectual Property Organization (WIPO) classification system would categorize this patent under the International Patent Classification (IPC) fields related to organic chemistry and medical or veterinary science[1].
Patent Claims
The patent claims are a critical component of any patent application, as they define the scope of the invention and what is protected by the patent. For US7687052B2, the claims include:
- Independent Claims: These are the main claims that define the invention. For example, Claim 1 might describe the styrylpyridine compound and its use in imaging amyloid deposits.
- Dependent Claims: These claims further specify the invention by adding additional limitations to the independent claims. For instance, a dependent claim might describe a specific method of synthesizing the styrylpyridine compound or a particular application of the compound in medical imaging[4].
Metrics for Measuring Patent Scope
Independent Claim Length and Count
Research on patent scope often uses metrics such as independent claim length and independent claim count to assess the breadth and clarity of patent claims. Studies have shown that narrower claims, as measured by these metrics, are associated with a higher probability of grant and a shorter examination process. This suggests that the claims in US7687052B2, if they are narrowly defined, would likely have undergone a more efficient examination process[5].
Patent Examination Process
Prosecution and Examination
The patent prosecution process for US7687052B2 would have involved several stages, including the filing of a provisional patent application, followed by a non-provisional patent application. The U.S. Patent and Trademark Office (USPTO) would have reviewed the application to determine if the invention met the criteria for patentability: novelty, nonobviousness, and enablement. Any objections or rejections by the patent examiner would have required the inventors to argue or amend their claims to secure patent grant[2].
Commercial and Market Implications
Commercial Value and Licensing
The decision to pursue patent protection for this invention was likely based on its commercial potential. Given the high value of medical imaging technologies, especially those related to neurodegenerative diseases, the patent holders may have sought licensing opportunities with pharmaceutical or medical device companies. The costs associated with patenting, which can range from $8,000 to $20,000 for a U.S. non-provisional patent and significantly more for international patents, would be justified by the potential for significant returns through licensing agreements[2].
Global Patent Landscape
International Patent Applications
For inventions with global commercial potential, like the styrylpyridine derivatives, international patent protection is crucial. The Patent Cooperation Treaty (PCT) application process allows inventors to file a single application that preserves the right to file for a patent in 153 countries within 30 months. This would have been a consideration for the inventors of US7687052B2, especially if they anticipated global demand for their technology[2].
Statistics and Trends
Patent Activity in Relevant Fields
The USPTO data shows that patents in the fields of chemistry and medical diagnostics have seen significant growth. For instance, between 2000 and 2018, the number of electrical engineering patents, which can include medical imaging technologies, more than doubled. This trend indicates a vibrant innovation ecosystem in these fields, with inventors and companies actively seeking patent protection for their innovations[1].
Key Takeaways
- Patent Scope and Claims: The scope of US7687052B2 is defined by its claims, which specify the styrylpyridine compounds and their use in medical imaging.
- Patent Examination: The patent underwent a rigorous examination process to ensure it met the criteria for patentability.
- Commercial Potential: The invention has significant commercial value, particularly in the field of neurodegenerative disease diagnostics.
- Global Protection: International patent protection through PCT applications would be essential for inventions with global market potential.
- Trends in Patent Activity: The field of medical diagnostics and chemistry has seen substantial growth in patent activity, reflecting the innovative efforts in these areas.
FAQs
Q: What is the main invention described in US7687052B2?
A: The main invention is a method for imaging amyloid deposits using styrylpyridine compounds.
Q: What are the key criteria for patentability that US7687052B2 would have had to meet?
A: The invention would have had to be novel, nonobvious, and enabled, meaning it could be made and used by a person with ordinary skill in the relevant field.
Q: How long does the patent prosecution process typically take?
A: The patent prosecution process can take between two to five years, depending on the complexity of the invention and the number of objections raised by the patent examiner.
Q: What is the significance of independent claim length and count in patent scope analysis?
A: These metrics help assess the breadth and clarity of patent claims. Narrower claims are often associated with a higher probability of grant and a shorter examination process.
Q: Why is international patent protection important for inventions like US7687052B2?
A: International patent protection through mechanisms like the PCT application ensures that the invention is protected in multiple countries, which is crucial for inventions with global market potential.