Patent landscape, scope, and claims: |
Understanding the Scope and Claims of United States Patent 7,696,159
Introduction
United States Patent 7,696,159, titled "Treatment for basal cell carcinoma," is a patent that outlines a method for treating basal cell carcinoma, a common type of skin cancer. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Number and Details
- The patent number is US7696159B2, with the publication date and other relevant details indicating its legal status and the jurisdictions in which it is applicable[4].
Scope of the Patent
Medical Context
- The patent pertains to the field of medical science, specifically to the treatment of basal cell carcinoma. It falls under the classification A61K, which includes preparations for medical, dental, or toiletry purposes[4].
Treatment Method
- The method described involves administering a specific treatment regimen to a subject suffering from basal cell carcinoma. The treatment typically includes the use of imiquimod, a well-known immunomodulatory drug, applied topically to the affected area[4].
Claims of the Patent
Independent and Dependent Claims
- The patent includes both independent and dependent claims. Independent claims define the invention broadly, while dependent claims narrow down the scope by adding specific details or limitations.
- For example, an independent claim might state the general method of treating basal cell carcinoma using imiquimod, while a dependent claim could specify the dosage, application frequency, or the duration of the treatment[4].
Claim Language and Metrics
- The scope of the patent can be measured using metrics such as independent claim length and independent claim count. These metrics are crucial in assessing the breadth and clarity of the patent claims. 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].
Prior Art and Citations
Prior Art Keywords
- The patent lists several prior art keywords, including "treatment," "imiquimod," "treatment area," and "weeks," which indicate the existing knowledge and technologies in the field that the patent builds upon[4].
Citation Data
- The Common Citation Document (CCD) application, which consolidates citation data from participating IP offices, can be used to see how this patent is cited and how it relates to other patents in the same family. This helps in understanding the broader patent landscape and potential overlaps or conflicts[1].
Patent Classification
International Classification
- The patent is classified under A61K, specifically A61K9/0012 and A61K31/00, which pertains to medicinal preparations characterized by special physical form and organic active ingredients, respectively[4].
Legal Status and Expiration
Current Status
- The patent has expired due to fee-related issues. This status is important as it affects the current legal rights and obligations associated with the patent[4].
Broader Patent Landscape
Global Patent System
- The patent is part of a larger global patent system. Tools like the Global Dossier and the Common Citation Document (CCD) provide insights into related applications and citations across different IP offices, helping to navigate the international patent landscape[1].
Search and Analysis Tools
- Resources such as the USPTO's Patent Public Search, European Patent Office's esp@cenet, and the World Intellectual Property Organization's PATENTSCOPE allow for comprehensive searches and analyses of patents, including those related to basal cell carcinoma treatments[1].
Practical Implications
Innovation and Litigation
- The scope and claims of the patent can influence innovation and litigation in the field. Broader claims may lead to increased licensing and litigation costs, while narrower claims can facilitate clearer boundaries and reduce legal disputes[3].
Expert Insights
Legal and Policy Considerations
- Experts in intellectual property law, such as those involved in the study by the Administrative Conference of the United States (ACUS) on small claims patent courts, emphasize the importance of clear and well-defined patent claims. This clarity is crucial for maintaining the integrity of the patent system and encouraging innovation[5].
Key Takeaways
- Patent Scope: The patent's scope is defined by its claims, with narrower claims generally associated with a higher probability of grant and shorter examination processes.
- Treatment Method: The patent describes a method for treating basal cell carcinoma using imiquimod.
- Classification: The patent is classified under A61K, indicating its relevance to medicinal preparations.
- Legal Status: The patent has expired due to fee-related issues.
- Global Context: The patent is part of a global patent system, with tools available for cross-office searches and analyses.
FAQs
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What is the main subject of United States Patent 7,696,159?
- The main subject is a method for treating basal cell carcinoma using imiquimod.
-
How can the scope of a patent be measured?
- The scope can be measured using metrics such as independent claim length and independent claim count.
-
What is the current legal status of US7696159B2?
- The patent has expired due to fee-related issues.
-
Which classification does this patent fall under?
- It falls under A61K, specifically A61K9/0012 and A61K31/00.
-
What tools are available for searching and analyzing patents globally?
- Tools include the USPTO's Patent Public Search, European Patent Office's esp@cenet, and the World Intellectual Property Organization's PATENTSCOPE.
Sources
- USPTO - Search for patents
- USA.gov - U.S. Patent and Trademark Office (USPTO)
- SSRN - Patent Claims and Patent Scope
- Google Patents - US7696159B2 - Treatment for basal cell carcinoma
- ACUS - U.S. Patent Small Claims Court
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