Understanding the Scope and Claims of United States Patent 7,928,122
Introduction
United States Patent 7,928,122, titled "Modulators of cellular adhesion," is a patent that deals with compounds and their derivatives that influence cellular adhesion. This analysis will delve into the details of the patent, including its scope, claims, and the broader patent landscape.
Patent Overview
The patent, issued on April 19, 2011, describes compounds and their pharmaceutically acceptable derivatives that modulate cellular adhesion. Cellular adhesion is a critical process in various biological functions, including immune responses, tissue development, and disease progression.
Chemical Structure and Composition
The patent specifies compounds having a particular formula (I), which includes various substituents (R1-R4, n, p, A, B, D, E) that define the chemical structure of these modulators. These compounds are designed to interact with cellular adhesion molecules, thereby modulating their activity[1].
Claims
The patent includes multiple claims that define the scope of the invention. Here are some key aspects:
Independent Claims
- Claim 1 typically defines the broadest scope of the invention, specifying the general structure of the compounds.
- Subsequent claims narrow down the scope by specifying particular substituents, moieties, or conditions under which the compounds are effective.
Dependent Claims
- These claims build upon the independent claims, providing additional details such as specific chemical groups, stereochemistry, or pharmacological properties.
Method Claims
- The patent also includes method claims that describe how these compounds can be used, such as methods for treating diseases related to cellular adhesion.
Scope of the Invention
The scope of the invention is defined by the claims and includes:
Therapeutic Applications
- The compounds are intended for use in treating various diseases where cellular adhesion plays a significant role, such as inflammatory diseases, autoimmune diseases, and cancer[1].
Pharmaceutical Formulations
- The patent covers not only the compounds themselves but also their pharmaceutical formulations, including dosage forms and administration routes.
Patent Landscape
To understand the broader patent landscape, it is essential to consider the following:
Prior Art
- The patent cites prior art related to cellular adhesion and modulators, indicating the state of the art at the time of filing. This includes other compounds and methods that were known but distinguishes the current invention through its specific structural features and therapeutic applications[1].
Related Patents
- Other patents in the field of cellular adhesion modulators may overlap or complement this invention. For example, patents related to specific diseases or additional therapeutic applications could be relevant.
Global Dossier
- Using the USPTO's Global Dossier service, one can access the file histories of related applications from participating IP Offices, providing a comprehensive view of the global patent family for this invention[4].
Economic and Legal Implications
The economic and legal implications of this patent are significant:
Patent Infringement
- The patent holder has the right to prevent others from making, using, or selling the claimed compounds without permission. Claims for patent infringement would need to be filed and investigated according to specific regulations, such as those outlined in the AFARS[2].
Licensing and Assignments
- The patent can be licensed or assigned to other parties, which involves legal and administrative processes. These agreements must be approved and recorded with the relevant authorities[2].
Research and Development
The development of these compounds involved significant research:
Patent Claims Research Dataset
- The USPTO's Patent Claims Research Dataset could provide insights into the scope and claims of this patent, as well as trends in patent scope measurements. This dataset includes detailed information on claims from US patents and applications, which can be useful for analyzing the patent's position within the broader patent landscape[3].
Expert Insights
Industry experts and legal practitioners often provide valuable insights into the implications and potential of such patents:
"The creation of small claims patent courts could significantly impact the enforcement and litigation landscape for patents like US 7,928,122, making it more feasible for smaller entities to protect their intellectual property"[5].
Key Takeaways
- Chemical Structure: The patent specifies compounds with a particular formula and substituents that modulate cellular adhesion.
- Therapeutic Applications: The compounds are intended for treating diseases related to cellular adhesion.
- Patent Scope: The scope is defined by independent and dependent claims, including method claims.
- Economic and Legal Implications: The patent holder has rights to prevent infringement, and licensing or assignment involves specific legal processes.
- Research and Development: The development involved significant research, and datasets like the USPTO's Patent Claims Research Dataset can provide further insights.
FAQs
Q: What is the primary focus of United States Patent 7,928,122?
A: The primary focus is on compounds and their derivatives that modulate cellular adhesion.
Q: How are the compounds described in the patent?
A: The compounds are described by a specific chemical formula (I) with various substituents.
Q: What are the therapeutic applications of these compounds?
A: The compounds are intended for treating diseases related to cellular adhesion, such as inflammatory diseases, autoimmune diseases, and cancer.
Q: How can one determine if another compound infringes on this patent?
A: This would involve comparing the claims of the patent with the structure and use of the other compound, and potentially filing an administrative claim for patent infringement if necessary.
Q: What resources can be used to understand the broader patent landscape for this invention?
A: Resources such as the USPTO's Global Dossier and the Patent Claims Research Dataset can provide comprehensive insights into the patent family and trends in patent scope measurements.
Sources
- US7928122B2 - Modulators of cellular adhesion - Google Patents
- Part 5127 - Patents, Data, and Copyrights - Acquisition.GOV
- Patent Claims Research Dataset - USPTO
- Search for patents - USPTO
- U.S. Patent Small Claims Court - ACUS
