Analyzing the Scope and Claims of United States Patent 8,143,271: Compounds and Methods for Kinase Modulation
Introduction
United States Patent 8,143,271, titled "Compounds and methods for kinase modulation, and indications therefor," is a significant patent in the field of pharmaceuticals, particularly in the area of kinase inhibitors. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background of the Patent
The patent, granted on March 27, 2012, describes compounds active on protein kinases and methods for using these compounds to treat diseases and conditions associated with aberrant kinase activity. Kinases are enzymes that play crucial roles in various cellular processes, and their dysregulation is implicated in numerous diseases, including cancer, inflammatory disorders, and neurological conditions[5].
Scope of the Patent
Invention Description
The patent details a class of compounds designed to modulate the activity of protein kinases. These compounds are described in terms of their chemical structure and their ability to inhibit specific kinases. The invention also encompasses methods for treating diseases by administering these compounds, highlighting their therapeutic potential[5].
Claims
The patent includes multiple claims that define the scope of the invention. These claims can be categorized into several types:
- Composition of Matter Claims: These claims define the specific chemical compounds and their structures that are protected under the patent.
- Method of Treatment Claims: These claims describe the methods of using the compounds to treat various diseases and conditions.
- Use Claims: These claims specify the particular uses of the compounds, such as the treatment of specific diseases or conditions[5].
Detailed Analysis of Claims
Composition of Matter Claims
These claims are critical as they define the exact chemical structures that are protected. For example, Claim 1 might describe a specific compound with a detailed chemical formula and structure. These claims ensure that any identical or very similar compounds cannot be used without infringing on the patent[5].
Method of Treatment Claims
These claims outline the procedures for using the compounds to achieve therapeutic effects. For instance, a claim might specify the dosage, administration route, and the particular disease or condition being treated. These claims are essential for protecting the therapeutic applications of the compounds[5].
Use Claims
Use claims are broader and specify the intended use of the compounds. For example, a claim might state that the compound is used for treating cancer, without detailing the specific method of treatment. These claims help in ensuring that the compounds are not used for the specified purposes without permission[5].
Patent Landscape
Global Patent Trends
The patent landscape for kinase inhibitors is highly competitive and global. According to USPTO data, the United States, Japan, and the European Union dominate the patent landscape, with a significant number of patents granted in these regions. Emerging economies like China, South Korea, and India are also increasing their patenting activity in this field[1].
Industry and Sector Analysis
The pharmaceutical industry, particularly companies involved in biotechnology and high-technology manufacturing, are key players in the patent landscape for kinase inhibitors. Companies like IBM, Samsung, Canon, Qualcomm, and Google, although not primarily pharmaceutical companies, also hold significant patents in various technology areas, including biotechnology. However, the majority of patents in the pharmaceutical sector are held by private sector companies, with a smaller share held by academic and government sectors[1].
Academic and Research Contributions
Universities and research institutions also play a crucial role in patenting kinase inhibitors. The data from the USPTO shows that foreign universities have expanded their patenting activities rapidly since 2008, with a significant number of patents granted in the fields of biotechnology and medical technology. The pharmaceuticals field, including kinase inhibitors, has seen a notable number of university patents in recent years[1].
Legal and Policy Considerations
Small Claims Patent Court
The concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could potentially impact the enforcement and litigation landscape for patents like 8,143,271. Such a court would aim to provide a more streamlined and cost-effective process for resolving patent disputes, which could be beneficial for smaller entities and individual inventors[2].
Patent Search and Examination
The USPTO provides various tools and resources for searching and examining patents, including the Patent Public Search tool, Global Dossier, and the Patent Examination Data System (PEDS). These resources are crucial for understanding the prior art and ensuring that new patents, including those related to kinase inhibitors, do not infringe on existing patents[4].
Economic Impact
Patent Scope and Claims
The scope and claims of a patent like 8,143,271 can significantly impact the economic landscape. Broad and well-defined claims can provide strong protection for the invention, allowing the patent holder to monopolize the market for a period. This can lead to higher revenues but may also stifle innovation if the claims are overly broad and restrictive[3].
Industry-Level Measures
The economic impact is also reflected in industry-level measures. For instance, high-technology manufacturing and commercial knowledge-intensive services industries, which include pharmaceuticals, receive a large share of patents. These industries drive innovation and economic growth, and patents like 8,143,271 are a key component of this innovation ecosystem[1].
Key Takeaways
- Patent Scope: The patent covers specific compounds and methods for kinase modulation, with detailed claims defining the scope of protection.
- Claims Analysis: The patent includes composition of matter, method of treatment, and use claims, each crucial for protecting different aspects of the invention.
- Global Landscape: The patent landscape for kinase inhibitors is highly competitive, with significant contributions from the United States, Japan, the EU, and emerging economies.
- Industry and Sector: Private sector companies dominate the patent landscape, with academic and government sectors playing smaller but significant roles.
- Legal and Policy: The potential for a small claims patent court and the use of advanced patent search tools can impact the enforcement and litigation of patents like 8,143,271.
- Economic Impact: The patent's scope and claims can significantly influence the economic landscape by providing strong protection and driving innovation in the pharmaceutical industry.
FAQs
Q: What is the main subject of United States Patent 8,143,271?
A: The main subject of United States Patent 8,143,271 is compounds and methods for kinase modulation, and their therapeutic applications.
Q: Who are the primary holders of patents in the pharmaceutical sector?
A: The primary holders of patents in the pharmaceutical sector are private sector companies, with a smaller share held by academic and government sectors.
Q: How does the global patent landscape impact the protection of kinase inhibitors?
A: The global patent landscape, dominated by the United States, Japan, and the EU, with increasing contributions from emerging economies, makes it crucial to ensure that patents are well-defined and protected across multiple jurisdictions.
Q: What tools does the USPTO provide for searching and examining patents?
A: The USPTO provides tools such as the Patent Public Search tool, Global Dossier, and the Patent Examination Data System (PEDS) for searching and examining patents.
Q: How could a small claims patent court affect the enforcement of patents like 8,143,271?
A: A small claims patent court could provide a more streamlined and cost-effective process for resolving patent disputes, which could be beneficial for smaller entities and individual inventors, but may also have implications for the enforcement strategies of larger companies.
Sources
- NSF: "Invention, Knowledge Transfer, and Innovation" - Chapter 8, National Science Foundation.
- ACUS: "U.S. Patent Small Claims Court" - Administrative Conference of the United States.
- USPTO: "Patent Claims Research Dataset" - United States Patent and Trademark Office.
- USPTO: "Search for patents" - United States Patent and Trademark Office.
- Golden: "US Patent 8143271 Compounds and methods for kinase modulation, and indications therefor" - Golden.
