Analyzing the Scope and Claims of United States Patent 7,887,845
Introduction
United States Patent 7,887,845, titled "Antiviral compositions," is a patent that covers pharmaceutical compositions of antiviral compounds. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
The patent, issued to cover antiviral compositions, is specifically designed for administration to mammals, particularly humans. It involves various chemical compounds and formulations aimed at treating viral infections[4][5].
Scope of the Patent
The scope of a patent is defined by its claims, which outline the specific inventions or innovations that are protected.
Claim Structure
The claims in Patent 7,887,845 are structured to cover various aspects of the antiviral compositions, including:
- Independent Claims: These claims stand alone and define the broadest scope of the invention. For example, Claim 1 might describe the overall composition, while subsequent claims might narrow down to specific components or methods of preparation[4].
- Dependent Claims: These claims build upon the independent claims and provide additional details or limitations. They often specify particular embodiments or variations of the invention.
Claim Language and Metrics
Research has shown that the length and count of independent claims can be significant metrics for measuring patent scope. Narrower claims, as measured by claim length and count, are often associated with a higher probability of grant and a shorter examination process[3].
Claims Analysis
The claims in Patent 7,887,845 can be analyzed based on several key components:
Chemical Compounds
The patent claims cover a variety of chemical compounds, including:
- Benzonitrile and Pyrimidinyl Derivatives: These are central to the antiviral activity of the compositions.
- Amino and Cyano Groups: These functional groups are integral to the chemical structure of the compounds.
- Pharmaceutical Excipients: The claims also include various excipients such as hydroxypropyl methyl cellulose, sodium salts, and other substances that aid in the formulation of the antiviral compositions[4].
Formulations and Methods
The patent covers different forms of the antiviral compositions, including:
- Solid Dispersions: Methods for preparing solid dispersions of the antiviral compounds.
- Aqueous Solutions: Formulations involving aqueous solutions of the compounds.
- Dosage Forms: Claims include various dosage forms such as tablets, capsules, and oral suspensions[4].
Patent Landscape
Understanding the broader patent landscape is crucial for assessing the uniqueness and potential impact of Patent 7,887,845.
Prior Art and Citations
The Common Citation Document (CCD) application, which consolidates prior art cited by multiple patent offices, can be useful in identifying relevant prior art. This helps in understanding how the claims of Patent 7,887,845 differentiate from existing inventions[1].
International Patent Offices
The patent landscape extends beyond the U.S. patent system. Databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO) can be searched to see if similar inventions have been patented abroad. This is particularly important for pharmaceutical compositions, which often have global market implications[1].
Competing Patents
Identifying competing patents in the antiviral field involves searching through databases like PATENTSCOPE and national patent offices. This helps in understanding the competitive landscape and potential overlaps or distinctions between different patents[1].
Search Tools and Resources
Several tools and resources are available for conducting a thorough search of the patent landscape:
USPTO Resources
- Patent Public Search: A modern web-based tool that replaces legacy search tools and provides enhanced access to prior art.
- Global Dossier: Allows users to view the patent family for a specific application, including related applications filed at participating IP offices.
- Patent and Trademark Resource Centers (PTRCs): Local resources that offer training in patent search techniques and access to local search resources[1].
International Databases
- European Patent Office (EPO) - esp@cenet: Provides access to Europe's patent databases and machine translations of European patents.
- Japan Patent Office (JPO): Offers machine translations of Japanese patents.
- World Intellectual Property Organization (WIPO) - PATENTSCOPE: Features a full-text search of published international patent applications and machine translations for some documents[1].
Key Takeaways
- Claims Structure: The patent's claims are structured to cover a range of antiviral compositions and formulations.
- Chemical Compounds: The patent focuses on specific chemical compounds and their functional groups.
- Formulations and Methods: Various dosage forms and preparation methods are covered.
- Patent Landscape: Understanding prior art, international patents, and competing patents is crucial for assessing the patent's uniqueness and impact.
- Search Tools: Utilizing USPTO resources and international databases is essential for a comprehensive patent search.
FAQs
-
What is the main focus of United States Patent 7,887,845?
- The main focus is on pharmaceutical compositions of antiviral compounds for administration to mammals, particularly humans.
-
How are the claims structured in this patent?
- The claims are structured into independent and dependent claims, with independent claims defining the broadest scope and dependent claims providing additional details.
-
What are some key chemical compounds covered by this patent?
- The patent covers benzonitrile and pyrimidinyl derivatives, amino and cyano groups, and various pharmaceutical excipients.
-
What resources can be used to search the patent landscape for similar inventions?
- Resources include the USPTO's Patent Public Search, Global Dossier, and international databases like esp@cenet, JPO, and PATENTSCOPE.
-
Why is it important to analyze the scope and claims of a patent?
- Analyzing the scope and claims helps in understanding the protected invention, identifying potential overlaps with other patents, and assessing the patent's impact and uniqueness.
Sources
- USPTO - Search for patents
- USA.gov - U.S. Patent and Trademark Office (USPTO)
- SSRN - Patent Claims and Patent Scope
- Google Patents - US7887845B2 - Antiviral compositions
- DrugPatentWatch - Patent 7,887,845