Understanding the Scope and Claims of United States Patent 7,790,743
Introduction
United States Patent 7,790,743, titled "Modulators of cellular adhesion," is a patent that has significant implications in the field of pharmaceuticals and biotechnology. This patent, granted to inventors who developed compounds for modulating cellular adhesion, is a crucial example of how patent claims and scope are defined and analyzed.
Patent Overview
The patent in question, US 7,790,743, was granted for compounds having specific chemical structures and their pharmaceutically acceptable derivatives. These compounds are designed to modulate cellular adhesion, which is a critical process in various biological and pathological conditions, including inflammatory diseases and immune responses[4].
Patent Claims
The claims of a patent are the most critical part, as they define the scope of the invention and what is protected by the patent.
Independent Claims
Independent claims are those that stand alone and do not depend on other claims. For US 7,790,743, the independent claims typically describe the general structure of the compounds, including the specific moieties and functional groups that are essential for the claimed invention. For example, the patent claims compounds with a particular formula and specific substituents that are crucial for their biological activity[4].
Dependent Claims
Dependent claims build upon the independent claims and provide additional details or limitations. These claims often narrow down the scope by specifying particular embodiments or variations of the invention. In the case of US 7,790,743, dependent claims might include specific examples of compounds, their synthesis methods, or their therapeutic applications.
Patent Scope
The scope of a patent is determined by the language of the claims and is a subject of ongoing debate in patent law.
Metrics for Measuring Patent Scope
Research has shown that patent scope can be measured using metrics such as independent claim length and independent claim count. Narrower claims, as measured by these metrics, are associated with a higher probability of grant and a shorter examination process. The examination process often narrows the scope of patent claims, making them more specific and less broad[3].
Impact on Innovation
The scope of a patent like US 7,790,743 can significantly impact innovation. Overly broad patents can lead to increased licensing and litigation costs, potentially diminishing incentives for further innovation. Conversely, well-defined and narrow claims can foster a clearer understanding of what is protected, encouraging more targeted and efficient innovation[3].
Technology Field and Classification
US 7,790,743 falls under the "Drugs and Medical Instruments" field, one of the six broad technology fields classified by the National Bureau of Economics Research (NBER) classification scheme. This field is particularly stringent in terms of patent examination, with a lower allowance rate compared to other fields. The allowance rate for this field has decreased substantially over time, reflecting the increasing complexity and scrutiny in the patent examination process[1].
Examination Process
The examination process for US 7,790,743 would have involved several key steps:
First-Action Allowance Rate
The first-action allowance rate refers to the proportion of applications allowed without further examination. For patents in the "Drugs and Medical Instruments" field, this rate is typically lower due to the rigorous examination process[1].
Progenitor Allowance Rate
The progenitor allowance rate is the proportion of applications allowed without any continuation procedure. This rate has also seen a decline over time, indicating a more stringent review process[1].
Continuation Procedures
Continuation procedures, such as Requests for Continued Examination (RCEs), are common in the patent examination process. These procedures allow applicants to address examiner objections and can significantly impact the final outcome of the patent application. For US 7,790,743, any continuation procedures would have been crucial in refining the claims and ensuring the patent's validity[1].
Therapeutic Applications
The compounds described in US 7,790,743 have potential therapeutic applications in various diseases, including inflammatory bowel disease, asthma, atopic eczema, and other immune system diseases. The patent details the inhibitory effects of these compounds on cellular adhesion molecules, which are critical in these conditions[4].
Legal Status and Maintenance
As with any patent, maintaining the legal status of US 7,790,743 involves periodic payments and compliance with regulatory requirements. The patent's legal status can change over time due to various factors, including expiration, litigation, or patent term extensions[5].
Key Takeaways
- Patent Claims: The claims of US 7,790,743 define the scope of the invention, with independent claims outlining the general structure of the compounds and dependent claims providing additional specifics.
- Patent Scope: The scope is measured by metrics such as claim length and count, with narrower claims associated with higher grant probabilities and shorter examination processes.
- Technology Field: The patent falls under the "Drugs and Medical Instruments" field, which has a lower allowance rate and more stringent examination process.
- Examination Process: The patent would have undergone rigorous examination, including first-action allowance, progenitor allowance, and potential continuation procedures.
- Therapeutic Applications: The compounds have potential therapeutic uses in various immune system and inflammatory diseases.
FAQs
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What is the main subject of US Patent 7,790,743?
- The main subject is compounds designed to modulate cellular adhesion, particularly for therapeutic applications in inflammatory and immune system diseases.
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How is the scope of a patent like US 7,790,743 measured?
- The scope is measured using metrics such as independent claim length and independent claim count, with narrower claims generally associated with higher grant probabilities.
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What is the significance of the "Drugs and Medical Instruments" field in patent examination?
- This field has a lower allowance rate and a more stringent examination process compared to other fields, reflecting the complexity and critical nature of medical inventions.
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What are continuation procedures in the patent examination process?
- Continuation procedures, such as Requests for Continued Examination (RCEs), allow applicants to address examiner objections and refine their claims to ensure the patent's validity.
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What are some potential therapeutic applications of the compounds described in US 7,790,743?
- The compounds have potential therapeutic applications in diseases such as inflammatory bowel disease, asthma, atopic eczema, and other immune system diseases.
Sources
- Carley, M., Hegde, D., & Marco, A. (2015). What Is the Probability of Receiving a US Patent? Yale Journal of Law & Technology, 17, 203.
- United States Patent and Trademark Office. (2018). NOTICE OF FINAL DETERMINATION AND REQUIREMENT FOR PATENT TERM EXTENSION.
- Patent Claims and Patent Scope. (2016). SSRN Electronic Journal.
- US7790743B2 - Modulators of cellular adhesion. Google Patents.
- United States Patent and Trademark Office. (2018). JUN / 5 2018 - Regulations.gov.
