United States Patent 8,071,613: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 8,071,613, titled "Anti-constipation composition," is a patent that has garnered attention for its innovative approach to treating constipation. This article will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Title and Abstract
The patent, filed on June 2, 2005, and granted on December 6, 2011, describes an anti-constipation composition containing a halogenated bi-cyclic compound as the active ingredient. The invention aims to provide an effective treatment for constipation using a novel therapeutic composition[4].
Scope of the Patent
Claims
The patent includes multiple claims that define the scope of the invention. Here are some key claims:
- Independent Claims: These claims define the broadest scope of the invention. For example, Claim 1 might describe the anti-constipation composition comprising a halogenated bi-cyclic compound, while subsequent claims might narrow down the scope by specifying particular compounds, formulations, or methods of use.
- Dependent Claims: These claims build upon the independent claims and provide additional details or limitations. For instance, a dependent claim might specify a particular dosage form or a method of administration[4].
Claim Language and Scope
The scope of the patent is heavily influenced by the language used in the claims. Research has shown that the length and count of independent claims can be significant metrics for measuring patent scope. Patents with narrower claims at publication tend to have a higher probability of grant and a shorter examination process[3].
Patent Claims Analysis
Independent Claim Length and Count
- The length of independent claims can indicate the complexity and breadth of the invention. Shorter claims often suggest a more focused invention, while longer claims may indicate a broader scope.
- The count of independent claims also matters; fewer independent claims generally suggest a narrower scope, while multiple independent claims can indicate a broader or more complex invention[3].
Claim Construction
The construction of claims is crucial in defining the patent's scope. Claims must be clear and definite to avoid ambiguity and potential litigation. In the case of US 8,071,613, the claims would need to clearly define what constitutes the halogenated bi-cyclic compound and its use in treating constipation.
Patent Landscape
Prior Art and Novelty
The patent landscape includes prior art that was considered during the examination process. The prior art keywords listed for US 8,071,613 include terms like "cyclic," "mono," "triglyceride," and "ratio," indicating the areas of existing knowledge that the patent sought to improve upon or differentiate from[4].
Forward Citations
Forward citations, which are citations to the patent by later patents, can indicate the impact and relevance of the invention. A higher number of forward citations often suggests that the patent is influential in its field.
Patent Maintenance Payments
The maintenance payments for a patent can also reflect its scope and importance. Patents with broader claims may require higher maintenance payments to keep them in force, as they cover a wider range of applications[3].
Examination Process
Narrowing of Claims
During the examination process, patent claims often undergo revisions to narrow their scope. This is done to ensure that the claims are valid and do not infringe on existing patents. The examination process for US 8,071,613 would have involved such revisions, potentially narrowing the claims to ensure they were granted[3].
Legal Status
As of the current date, the patent US 8,071,613 has expired due to fee-related issues. This means that the exclusive rights granted by the patent are no longer in effect, and the invention is now in the public domain[4].
Impact on the Market
Innovation and Competition
The expiration of the patent can have significant implications for the market. It allows other companies to develop similar products without infringing on the original patent, potentially increasing competition and driving innovation in the field of constipation treatments.
Regulatory and Licensing Considerations
Infringement Claims
For patents that are still in force, infringement claims are a critical aspect of patent law. The process for filing an administrative claim for patent infringement, as outlined in the Department of Defense regulations, involves detailed documentation and identification of the alleged infringing item or process[2].
Licensing and Assignments
Licensing and assignments are also important considerations. The Department of Defense has specific policies and procedures for handling licenses, assignments, and infringement claims related to patented inventions[2].
Public Access and Search Facilities
USPTO Public Search Facility
The United States Patent and Trademark Office (USPTO) provides public access to patent information through various facilities, including the Public Search Facility in Alexandria, VA. This allows researchers and the public to access and review patent documents, including those related to US 8,071,613[1].
Global Dossier
The Global Dossier service offered by the USPTO allows users to access file histories of related applications from participating IP Offices. This can be useful for understanding the global patent landscape and the family of patents related to US 8,071,613[1].
Key Takeaways
- Patent Scope: The scope of US 8,071,613 is defined by its claims, which specify the use of halogenated bi-cyclic compounds for treating constipation.
- Claims Analysis: The length and count of independent claims are crucial in determining the patent's scope and its likelihood of being granted.
- Patent Landscape: The patent's impact is reflected in its forward citations, maintenance payments, and its position within the broader patent landscape.
- Legal Status: The patent has expired due to fee-related issues, making the invention public domain.
- Market Impact: The expiration of the patent can increase competition and drive innovation in constipation treatments.
FAQs
What is the main invention described in US 8,071,613?
The main invention described in US 8,071,613 is an anti-constipation composition containing a halogenated bi-cyclic compound as the active ingredient.
Why is the scope of a patent important?
The scope of a patent is important because it defines the exclusive rights granted to the patent holder. It determines what is protected and what is not, influencing the patent's validity and enforceability.
How does the examination process affect patent claims?
The examination process often results in the narrowing of patent claims to ensure they are valid and do not infringe on existing patents. This can involve revisions to the claim language and scope.
What happens when a patent expires?
When a patent expires, the exclusive rights granted by the patent cease, and the invention enters the public domain. This allows others to use, make, and sell the invention without infringing on the original patent.
How can one access information about US 8,071,613?
Information about US 8,071,613 can be accessed through the USPTO Public Search Facility or online databases such as Google Patents.
Cited Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Acquisition.gov - INFRINGEMENT CLAIMS, LICENSES, AND ASSIGNMENTS: https://www.acquisition.gov/dfars/subpart-227.70-infringement-claims-licenses-and-assignments
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents - US8071613B2 - Anti-constipation composition: https://patents.google.com/patent/US8071613B2/en
