Analyzing the Scope and Claims of United States Patent 8,192,719
Introduction
United States Patent 8,192,719, titled "Methods and kits to diagnose growth hormone deficiency by oral administration of EP 1572 or EP 1573 compounds," is a significant patent in the field of medical diagnostics. This article will delve into the details of the patent's scope, claims, and the broader patent landscape surrounding it.
Patent Overview
Publication Number and Authority
The patent, US8192719B2, was issued by the United States Patent and Trademark Office (USPTO) and is categorized under the authority of the United States[4].
Claims Analysis
Independent and Dependent Claims
The patent includes a set of independent and dependent claims that define the scope of the invention. Independent claims are those that stand alone and do not rely on other claims, while dependent claims build upon the independent claims.
- Independent Claims: These claims outline the core aspects of the invention, such as the method of diagnosing growth hormone deficiency through the oral administration of specific compounds (EP 1572 or EP 1573)[4].
- Dependent Claims: These claims further specify the details of the method, including the dosage, administration route, and any additional steps or components involved.
Claim Length and Count
Research on patent scope often uses metrics such as independent claim length and count to measure the breadth and clarity of the patent. For US8192719B2, the independent claims are relatively concise, indicating a focused scope. The number of claims also reflects the complexity and specificity of the invention[5].
Patent Scope
Metrics for Measuring Scope
The scope of a patent can be measured using various metrics, including:
- Independent Claim Length: Longer claims often indicate a broader scope but can also suggest less clarity.
- Independent Claim Count: A higher number of independent claims can indicate a more complex invention but may also suggest a narrower scope if each claim is highly specific[5].
For US8192719B2, the claims are structured to ensure clarity and specificity, which is crucial for maintaining the validity and enforceability of the patent.
Prior Art and Citations
Prior Art Keywords
The patent lists several prior art keywords, such as "sample," "growth hormone," "subject," "level," and "administration." These keywords help in understanding the context and the existing knowledge in the field at the time of the patent application[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 Landscape
Related Patents and Applications
To understand the broader patent landscape, it is essential to look at related patents and applications. Tools like the USPTO's Patent Public Search and the Common Citation Document (CCD) can help identify other patents and applications that are part of the same patent family or cite similar prior art[1].
International Patent Offices
The invention may also have been patented or applied for in other countries. Databases such as the European Patent Office's esp@cenet, the Japan Patent Office, and the World Intellectual Property Organization's PATENTSCOPE can provide insights into international filings[1].
Legal Status and Expiration
The legal status of the patent is active, but it is set to expire based on the patent term, which is typically 20 years from the filing date of the earliest non-provisional application to which the patent is entitled. It is crucial to verify the exact expiration date through the USPTO or other reliable sources[4].
Economic and Innovation Impact
Patent Maintenance Payments
The maintenance payments required to keep the patent in force can be an indicator of its economic value. Patents that are maintained over their full term often have significant economic impact[5].
Examination Process
The examination process for US8192719B2 would have involved a thorough review by the USPTO to ensure that the claims were novel, non-obvious, and useful. The duration and outcome of the examination process can provide insights into the patent's scope and validity[5].
Conclusion
Understanding the scope and claims of United States Patent 8,192,719 involves a detailed analysis of its independent and dependent claims, prior art, and the broader patent landscape. Here are some key points:
- Claims Structure: The patent includes specific independent and dependent claims that define the method of diagnosing growth hormone deficiency.
- Scope Metrics: The use of claim length and count metrics indicates a focused and specific scope.
- Prior Art and Citations: The patent's prior art keywords and potential forward citations highlight its relevance and impact.
- Patent Landscape: The patent is part of a larger landscape that includes related patents and international filings.
- Legal Status: The patent is active but has a defined expiration date.
Key Takeaways
- Claims Analysis: Independent and dependent claims define the patent's scope.
- Scope Metrics: Claim length and count are crucial for understanding the patent's breadth and clarity.
- Prior Art: Keywords and citations provide context and relevance.
- Patent Landscape: Related patents and international filings are essential for a comprehensive understanding.
- Legal Status: Verify the patent's active status and expiration date.
FAQs
Q: What is the main invention described in US8192719B2?
A: The main invention is a method for diagnosing growth hormone deficiency through the oral administration of EP 1572 or EP 1573 compounds.
Q: How can the scope of a patent be measured?
A: The scope can be measured using metrics such as independent claim length and independent claim count.
Q: What are forward citations, and why are they important?
A: Forward citations are citations to the patent by later patents and indicate the patent's influence and relevance.
Q: Where can I find information on related international patents?
A: Databases such as esp@cenet, the Japan Patent Office, and PATENTSCOPE provide access to international patent filings.
Q: How long is a patent typically in force?
A: A patent is typically in force for 20 years from the filing date of the earliest non-provisional application.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Unified Patents Portal - US-11241483-B2: https://portal.unifiedpatents.com/patents/patent/US-11241483-B2
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US8192719B2: https://patents.google.com/patent/US8192719B2/en
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
