Analyzing the Scope and Claims of United States Patent 8,193,229: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the details of United States Patent 8,193,229, focusing on its claims, scope, and the broader patent landscape.
Overview of United States Patent 8,193,229
United States Patent 8,193,229, titled "Method of Treatment Using N3 Alkylated Benzimidazole Derivatives as MEK Inhibitors," was assigned to Array BioPharma Inc. and later involved in a patent term extension application[2].
Patent Title and Abstract
The patent pertains to methods of treating various diseases, including cancer, using N3 alkylated benzimidazole derivatives as MEK inhibitors. MEK (mitogen-activated protein kinase kinase) inhibitors are a class of drugs that target the MEK enzyme, which is involved in cell signaling pathways.
Assignees and Ownership
The patent was originally assigned to Array BioPharma Inc. and later involved in transactions that may have changed its ownership or licensing agreements[2].
Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broadest scope of the invention, while dependent claims narrow down the scope by adding additional limitations.
- Independent Claims: These claims outline the core invention, such as the specific compounds and their use in treating diseases.
- Dependent Claims: These claims build upon the independent claims by adding specific details, like the dosage, administration method, or particular diseases treated.
Claim Scope
The scope of the claims determines the extent of protection granted by the patent. For U.S. Patent 8,193,229, the claims cover:
- Specific chemical compounds (N3 alkylated benzimidazole derivatives)
- Methods of using these compounds as MEK inhibitors
- Treatment of various diseases, including cancer
Claim Construction
Claim construction is the process of interpreting the meaning of the claims. This is crucial for determining infringement and validity. The claims in this patent would be constructed based on the language used, the specification, and any relevant prosecution history[3].
Patent Landscape
Prior Art and Citation Data
To understand the patent landscape, it is essential to look at prior art and citation data. Tools like the Common Citation Document (CCD) and Patent Public Search can provide insights into the prior art cited by various patent offices for related applications[1].
- Prior Art: The CCD application consolidates citation data from participating IP offices, helping to identify relevant prior art that may affect the validity or scope of the patent.
- Citation Data: Analyzing citation data can reveal how the patent fits into the broader technological field and its impact on subsequent inventions.
Global Patent Family
Using services like Global Dossier, one can view the patent family for this specific application, including related applications filed at participating IP offices. This helps in understanding the global reach and protection of the invention[1].
Search and Analysis Tools
Patent Public Search
The USPTO's Patent Public Search tool is a powerful resource for searching prior art and analyzing patent applications. It offers modern interfaces and enhanced access to prior art, improving the overall patent searching process[1].
Global Dossier
Global Dossier provides access to file histories, classification, and citation data for related applications, helping users to identify office actions and manage collections of documents[1].
Other International Databases
Databases such as Espacenet (European Patent Office), Patentscope (WIPO), and national patent offices' databases (e.g., Japan, China) can be used to search for similar patents globally[1][4].
Economic and Strategic Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset can provide insights into the scope and claims of patents, including statistical analysis of claim-level data. This dataset can help in understanding the trends and measurements of patent scope[3].
Market Impact
The patent's impact on the market can be significant, especially in the pharmaceutical industry where MEK inhibitors are a critical class of drugs. Understanding the patent landscape helps companies navigate licensing agreements, avoid infringement, and develop new innovations.
Legal and Regulatory Considerations
Patent Term Extension
The patent was involved in a patent term extension application, which can extend the life of the patent under certain conditions. This is often sought to compensate for delays in the regulatory approval process[2].
Office Actions and Prosecution History
Analyzing office actions and the prosecution history can provide valuable insights into the patent's validity and scope. This information is available through tools like the Patent Examination Data System (PEDS)[1].
Practical Applications and Future Directions
Research and Development
For researchers and developers, understanding the claims and scope of this patent is essential for developing new MEK inhibitors or improving existing ones without infringing on the protected invention.
Licensing and Collaboration
Companies may need to negotiate licensing agreements or collaborate with the patent holders to use the protected technology. A thorough analysis of the patent landscape is crucial for these negotiations.
Key Takeaways
- Claims Analysis: Understanding the independent and dependent claims is vital for determining the scope of protection.
- Patent Landscape: Analyzing prior art, citation data, and global patent families helps in understanding the broader technological field.
- Search Tools: Utilizing tools like Patent Public Search, Global Dossier, and international databases is essential for comprehensive analysis.
- Economic Implications: The patent's impact on the market, especially in the pharmaceutical industry, is significant.
- Legal Considerations: Understanding patent term extensions, office actions, and prosecution history is crucial for legal and regulatory compliance.
FAQs
What is the main subject of United States Patent 8,193,229?
The main subject of this patent is the method of treatment using N3 alkylated benzimidazole derivatives as MEK inhibitors.
How can I search for prior art related to this patent?
You can use tools like the USPTO's Patent Public Search, Global Dossier, and the Common Citation Document (CCD) to search for prior art.
What databases can I use to search for similar patents globally?
You can use databases such as Espacenet, Patentscope, and national patent offices' databases like those of Japan and China.
What is the significance of the Patent Claims Research Dataset?
The Patent Claims Research Dataset provides detailed information on claims from U.S. patents and applications, helping in statistical analysis and understanding patent scope trends.
How can I determine if a product or process infringes on this patent?
To determine infringement, you need to conduct a thorough analysis of the claims, compare them with your product or process, and possibly consult with a patent attorney.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Regulations.gov - Patent Term Extension Application: https://www.regulations.gov/docket/FDA-2019-E-3051
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Harvard Business School Library - Patent search: A comparative table of databases: https://asklib.library.hbs.edu/faq/266950
