United States Patent 7,795,293: A Detailed Analysis of Scope and Claims
Introduction
United States Patent 7,795,293, titled "3′-[(2Z)-[1-(3,4-dimethylphenyl)-1,5-dihydro-3-methyl-5-oxo-4H-pyrazol-4-ylidene]hydrazino]-2′-hydroxy-[1,1′-biphenyl]-3-carboxylic acid bis-(monoethanolamine)," is a significant patent in the field of pharmaceuticals, particularly for the treatment of thrombocytopenia and related conditions. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Invention
The patent pertains to a compound that acts as a thrombopoietin receptor agonist, which is crucial for enhancing platelet production. This is particularly important for treating conditions such as thrombocytopenia and aplastic anemia[1][4].
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific aspects of the invention that are protected.
Independent Claims
The patent includes several independent claims that define the core of the invention. These claims are critical as they set the boundaries of what is considered novel and non-obvious.
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Claim 1: This claim describes the compound itself, specifying its chemical structure and the bis-(monoethanolamine) salt form. This claim is broad in the sense that it covers the compound's use as a thrombopoietin receptor agonist but is narrow in its specific chemical definition[4].
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Claim 2: This claim pertains to the method of using the compound to enhance platelet production, highlighting its therapeutic application[4].
Dependent Claims
Dependent claims further refine the scope by adding additional limitations to the independent claims. These claims often provide more detailed descriptions of the compound's synthesis, formulation, and administration methods.
- Dependent Claims: These claims specify various aspects such as the synthesis process, pharmaceutical formulations, and administration routes (e.g., oral, intravenous, intramuscular)[4].
Claim Language and Patent Scope
The language used in the claims is a key factor in determining the patent's scope. Metrics such as independent claim length (ICL) and independent claim count (ICC) can provide insights into the breadth and clarity of the patent claims.
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Independent Claim Length: Shorter independent claims tend to be narrower and more specific, which can lead to a higher probability of grant and a shorter examination process[3].
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Independent Claim Count: A lower number of independent claims generally indicates a more focused and less broad patent scope[3].
In the case of US7795293B2, the claims are detailed and specific, particularly in the chemical structure and therapeutic use, indicating a well-defined scope.
Patent Landscape
The patent landscape surrounding US7795293B2 involves several factors, including the legal status, prior art, and related patents.
Legal Status
The patent was granted on September 14, 2010, and is set to expire on November 21, 2023, assuming all maintenance fees have been paid timely[5].
Prior Art
The patent references various prior art documents related to heterocyclic compounds and thrombopoietin receptor agonists. The classification of the patent under C07D231/14 and A61K31/33 indicates its position within the broader category of medicinal preparations containing organic active ingredients[4].
Related Patents
There are several related patents that cover similar compounds and therapeutic applications. For example, other patents by the same inventors or assignees may cover different aspects of thrombopoietin receptor agonists or related chemical structures[1].
Examination Process
The examination process for this patent would have involved a thorough review of the claims to ensure they meet the criteria of novelty, non-obviousness, and utility.
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Claim Construction: The claims would have been scrutinized to ensure they are clear and specific, avoiding overly broad or unclear language that could lead to litigation issues[3].
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Prior Art Search: A comprehensive search of prior art would have been conducted to ensure the invention is novel and non-obvious over existing technology[3].
Impact on Innovation
The patent's scope and claims can influence innovation in the field. Narrow and clear claims can encourage further innovation by providing a clear boundary of what is protected and what is open for further development.
"Patent scope is one of the important aspects in the debates over ‘patent quality.’ The purported decrease in patent quality over the past decade or two has supposedly led to granting patents of increased breadth (or ‘overly broad’ patents), decreased clarity, and questionable validity."
- Hoover Institution[3]
Conclusion
United States Patent 7,795,293 is a significant contribution to the field of thrombopoietin receptor agonists, with a well-defined scope and clear claims. The patent's specific chemical structure and therapeutic application ensure that it provides a clear boundary for what is protected, thereby encouraging further innovation in the field.
Key Takeaways
- Specific Claims: The patent includes specific and detailed claims that define the compound and its therapeutic use.
- Patent Scope: The scope is well-defined, with metrics indicating a focused and clear set of claims.
- Legal Status: The patent is set to expire on November 21, 2023.
- Impact on Innovation: Clear and narrow claims can encourage further innovation by providing a clear boundary of what is protected.
- Examination Process: The patent underwent a thorough examination process to ensure it meets the criteria of novelty, non-obviousness, and utility.
FAQs
Q: What is the primary use of the compound described in US7795293B2?
A: The compound is used as a thrombopoietin receptor agonist to enhance platelet production, particularly for treating thrombocytopenia and related conditions.
Q: When was the patent granted and when is it set to expire?
A: The patent was granted on September 14, 2010, and is set to expire on November 21, 2023.
Q: What metrics are used to measure the scope of patent claims?
A: Metrics such as independent claim length (ICL) and independent claim count (ICC) are used to measure the scope of patent claims.
Q: How does the patent's scope influence innovation?
A: A well-defined and clear scope can encourage further innovation by providing a clear boundary of what is protected and what is open for further development.
Q: What is the significance of the classification of the patent under C07D231/14 and A61K31/33?
A: These classifications indicate that the patent falls under the category of medicinal preparations containing organic active ingredients, specifically heterocyclic compounds.
Sources
- DrugBank: Eltrombopag: Uses, Interactions, Mechanism of Action.
- Justia Patents: US Patent for 3′-[(2Z)-[1-(3,4-dimethylphenyl)-1,5-dihydro-...
- Hoover Institution: Patent Claims and Patent Scope.
- Google Patents: US7795293B2 - 3′-[(2Z)-[1-(3,4-dimethylphenyl)-1,5-dihydro-3-methyl-5-oxo-4H-pyrazol-4-ylidene]hydrazino]-2′-hydroxy-[1,1′-biphenyl]-3-carboxylic acid bis-(monoethanolamine).
- USPTO: Maintenance Fee Statement - Patent Maintenance Fees Storefront.
