United States Patent 7,881,777: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 7,881,777, titled "Method and apparatus for performing intra-operative angiography," is a significant innovation in the field of medical diagnostics. This patent, granted to its inventors, outlines a method and apparatus designed to enhance surgical procedures by providing real-time vascular imaging. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Purpose
Intra-operative angiography is a critical tool in surgical procedures, particularly in neurosurgery, cardiovascular surgery, and other fields where vascular integrity is paramount. The method and apparatus described in this patent aim to improve the accuracy and efficiency of these procedures by using fluorescent dye and advanced imaging techniques.
Key Components of the Patent
Method Description
The patented method involves several key steps:
- Selection of Body Tissue: Identifying the specific portion of the body tissue to be analyzed.
- Administration of Fluorescent Dye: Injecting a fluorescent dye into the patient.
- Imaging: Using a camera system, often incorporating laser illumination, to capture images of the fluorescent dye as it circulates through the vessels[1].
Apparatus Description
The apparatus includes:
- Camera System: A high-resolution camera capable of capturing images in real-time.
- Laser Illumination: A laser source to excite the fluorescent dye.
- Image Processing: Software and hardware for processing and enhancing the captured images to provide clear vascular visualization[1].
Scope of the Patent
The scope of the patent is defined by its claims, which are the legal boundaries of what the patent protects.
Independent Claims
Independent claims are those that stand alone and do not depend on other claims. For US Patent 7,881,777, these claims focus on the method and apparatus as a whole, including the steps of administering the fluorescent dye, capturing images, and processing those images to visualize vascular structures[1].
Dependent Claims
Dependent claims build upon the independent claims and provide additional details or variations. These might include specific types of fluorescent dyes, different camera configurations, or additional features of the image processing software[1].
Patent Claims Analysis
Claim Length and Count
Research on patent scope suggests that the length and count of independent claims can be indicative of the patent's breadth and complexity. Narrower claims, as seen in this patent, are often associated with a higher probability of grant and a shorter examination process[3].
Claim Validity
The validity of the claims is crucial for the enforceability of the patent. Ensuring that the claims are clear, specific, and not overly broad is essential to avoid challenges and potential litigation. The claims in US Patent 7,881,777 are designed to be specific enough to protect the invention while avoiding ambiguity[1].
Patent Landscape
Prior Art
The patent landscape includes an analysis of prior art, which are existing inventions and knowledge in the field. For intra-operative angiography, prior art would include other imaging techniques and apparatuses used in surgical procedures. The novelty of US Patent 7,881,777 lies in its specific combination of fluorescent dye and advanced imaging technology[1].
Forward Citations
Forward citations, which are citations by later patents, can indicate the impact and influence of a patent. As of the last update, the forward citations for US Patent 7,881,777 would reflect its contribution to the field of medical imaging and its potential for inspiring further innovations[3].
Inventorship and Ownership
Determining True Inventors
The determination of inventorship is a critical aspect of patent law. The inventors listed on the patent must be the true and only inventors who conceived the idea and reduced it to practice. Incorrect or incomplete identification of inventors can lead to the patent being declared invalid[5].
Ownership and Licensing
The ownership of the patent can be complex, especially if the inventors are from different organizations. Clear agreements regarding ownership and licensing are essential to avoid disputes and ensure the patent remains enforceable[5].
Practical Applications and Benefits
Surgical Precision
The method and apparatus described in US Patent 7,881,777 enhance surgical precision by providing real-time visualization of vascular structures. This can significantly reduce the risk of complications and improve patient outcomes.
Cost-Effectiveness
The use of fluorescent dye and advanced imaging can be more cost-effective compared to traditional angiography methods, making it a viable option for a wider range of surgical procedures.
Future Innovations
This patent sets a foundation for further innovations in medical imaging. Future developments could include more advanced imaging technologies, new types of fluorescent dyes, or integration with other diagnostic tools.
Regulatory and Legal Considerations
Patent Maintenance
To keep the patent in force, the patent holders must make regular maintenance payments. The scope and claims of the patent can influence these costs, with narrower claims potentially leading to lower maintenance fees[3].
Litigation and Enforcement
The patent's enforceability depends on its validity and the absence of deceptive intent in naming the inventors. Any challenges to the patent must be addressed through legal proceedings, emphasizing the importance of accurate inventorship and clear claims[5].
Conclusion
US Patent 7,881,777 represents a significant advancement in intra-operative angiography, offering a method and apparatus that enhance surgical procedures through real-time vascular imaging. Understanding the scope, claims, and broader patent landscape is crucial for both the inventors and those seeking to build upon or challenge this innovation.
Key Takeaways
- Method and Apparatus: The patent describes a method and apparatus for intra-operative angiography using fluorescent dye and advanced imaging.
- Scope and Claims: The patent's scope is defined by its independent and dependent claims, which are specific and focused on the method and apparatus.
- Patent Landscape: The patent is part of a broader landscape that includes prior art, forward citations, and regulatory considerations.
- Inventorship and Ownership: Accurate determination of inventorship and clear ownership agreements are essential for the patent's enforceability.
- Practical Applications: The patent enhances surgical precision, cost-effectiveness, and sets a foundation for future innovations.
FAQs
Q: What is the primary purpose of US Patent 7,881,777?
A: The primary purpose is to provide a method and apparatus for performing intra-operative angiography using fluorescent dye and advanced imaging techniques.
Q: How does the patent improve surgical procedures?
A: It enhances surgical precision by providing real-time visualization of vascular structures, reducing the risk of complications and improving patient outcomes.
Q: What are the key components of the patented method?
A: The method includes selecting body tissue, administering fluorescent dye, capturing images using a camera system, and processing those images.
Q: Why is accurate inventorship important for this patent?
A: Accurate inventorship is crucial to ensure the patent's enforceability and avoid potential legal challenges or invalidation.
Q: How does the patent's scope influence its maintenance and enforcement?
A: The scope, defined by its claims, affects maintenance costs and the patent's enforceability, with narrower claims generally leading to lower costs and higher enforceability.
Sources
- US Patent and Trademark Office. Method and apparatus for performing intra-operative angiography. US Patent 7,881,777 B2.
- USA.gov. U.S. Patent and Trademark Office (USPTO).
- SSRN. Patent Claims and Patent Scope.
- PubMed. Content Analysis of Patent Applications for Strength Training Equipment.
- Oregon State University. Determining Inventorship for US Patent Applications.
