Understanding the Scope and Claims of United States Patent 7,786,133
Introduction
United States Patent 7,786,133, titled "Chemically Modified Small Molecules," is a patent that has significant implications in the fields of drug discovery, pharmacotherapy, and related sciences. This article delves into the details of the patent, including its scope, claims, and the broader patent landscape it operates within.
Background of the Invention
The patent, granted to Nektar Therapeutics, involves the development of chemically modified small molecules. These molecules are designed to possess certain advantages over their unmodified counterparts, particularly in terms of their application in drug discovery and pharmacotherapy. The background of the invention highlights the expansion of protein use as active agents due to improved techniques in identifying, isolating, and producing proteins, as well as advancements in proteomics and formulation technologies[4].
Field of the Invention
The patent pertains to several fields, including drug discovery, pharmacotherapy, physiology, organic chemistry, and polymer chemistry. The chemically modified small molecules described in the patent have applications in these areas, indicating a broad and interdisciplinary scope[4].
Claims of the Patent
The patent includes multiple claims that define the scope of the invention. Here are some key aspects:
Independent Claims
- The patent includes independent claims that describe the chemically modified small molecules and the methods for their preparation. For example, Claim 1 describes a chemically modified small molecule with specific structural features that enhance its biological activity[4].
Dependent Claims
- Dependent claims further specify the characteristics of the chemically modified small molecules, such as their use in treating specific diseases or their formulation in particular delivery vehicles.
Method Claims
- The patent also includes method claims that outline the processes for preparing and using these chemically modified small molecules. These methods are crucial for the practical application of the invention[4].
Patent Scope and Metrics
The scope of a patent is a critical aspect of its validity and enforceability. Here are some metrics and considerations related to patent scope:
Independent Claim Length and Count
Research by the USPTO and other institutions suggests that patent scope can be measured using metrics such as independent claim length and count. Narrower claims, as indicated by shorter lengths and fewer counts, are often associated with a higher probability of grant and a shorter examination process[3].
Patent Maintenance Payments and Forward Citations
The scope of a patent can also be inferred from metrics like patent 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].
Examination Process and Scope Narrowing
The examination process at the USPTO plays a significant role in defining the final scope of a patent. Research shows that the examination process tends to narrow the scope of patent claims, both in terms of claim length and count. This narrowing is more significant when the examination duration is longer[3].
Economic and Strategic Implications
The value and strategic importance of patents like 7,786,133 cannot be overstated. Here are some economic and strategic considerations:
Valuation Methods
Patents can be valued using the cost, income, and market approaches. For example, the income approach considers the future benefits provided by the patent, such as income or savings, over its lifetime. The market approach looks at what a willing buyer would pay for a similar asset[1].
Market Prices
The market prices for patents can vary widely. For instance, the mean price per document for patent sales can range from $146,000 to $483,924, depending on the dataset and the specific deal[1].
Strategic Acquisitions
Large companies often acquire patents as part of broader strategic moves. For example, Google's acquisition of Motorola Mobility for $12.5 billion included 24,500 patents and applications, highlighting the significant value placed on intellectual property in such deals[1].
Proposed Changes to Patent Practices
Recent proposals by the USPTO, such as changes to terminal disclaimer practices, can impact the prosecution, licensing, and litigation strategies surrounding patents. These changes aim to promote competition by lowering the costs associated with challenging patents tied by terminal disclaimers[5].
Impact on Innovation and Competition
Patents like 7,786,133 can influence innovation and competition in several ways:
Licensing and Litigation
Narrower claims can reduce licensing and litigation costs by making it clearer what is protected and what is not. This clarity can promote more focused claim construction hearings and faster resolution of disputes[5].
Market Entry Barriers
The proposed USPTO rule changes are intended to reduce barriers to market entry by making it easier to challenge groups of patents tied by terminal disclaimers. This can lead to lower costs for consumers and more competition in the market[5].
Key Takeaways
- Patent Scope and Claims: The scope of a patent, defined by its claims, is crucial for its validity and enforceability. Metrics like independent claim length and count can help measure this scope.
- Economic Value: Patents can be highly valuable, with prices ranging widely depending on the valuation method and market conditions.
- Strategic Importance: Patents are often central to strategic acquisitions and can significantly impact innovation and competition.
- Regulatory Changes: Proposed changes to patent practices, such as those related to terminal disclaimers, can affect prosecution, licensing, and litigation strategies.
FAQs
Q: What is the primary focus of United States Patent 7,786,133?
A: The primary focus of this patent is the development of chemically modified small molecules with applications in drug discovery, pharmacotherapy, and related fields.
Q: How is the scope of a patent measured?
A: The scope of a patent can be measured using metrics such as independent claim length and count, patent maintenance payments, and forward citations.
Q: What are the economic implications of patent valuation?
A: Patents can be valued using cost, income, and market approaches, with prices varying widely. The mean price per document can range from $146,000 to $483,924.
Q: How do proposed USPTO rule changes affect patent practices?
A: Proposed changes to terminal disclaimer practices aim to promote competition by lowering the costs associated with challenging patents tied by terminal disclaimers.
Q: What is the impact of patents on innovation and competition?
A: Patents can influence innovation and competition by affecting licensing and litigation costs, market entry barriers, and the overall clarity of what is protected.
Sources
- The Value of a Patent - Perpetual Motion Patents
- Patent Claims Research Dataset - USPTO
- Patent Claims and Patent Scope - Hoover Institution
- United States Patent 7,786,133 B2 - USPTO
- United States Patent and Trademark Office Proposes Changes to Terminal Disclaimer Practice - Sterne, Kessler, Goldstein & Fox PLLC
