United States Patent 8,247,402 B2: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,247,402 B2, titled "Crystal form of pyrrolidylthiocarbapenem derivative," is a patent that covers a specific crystal form of a chemical compound. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Background of the Patent
The patent in question pertains to a crystal form of a pyrrolidylthiocarbapenem derivative, which is a type of antibiotic. The patent was granted to protect the specific crystal form of this compound, which is crucial for its stability, efficacy, and manufacturing process[2].
Scope of the Patent
The scope of a patent is defined by its claims, which outline what is protected by the patent. For US Patent 8,247,402 B2, the scope is narrowly focused on the crystal form of the pyrrolidylthiocarbapenem derivative.
Claim Analysis
The patent includes 5 claims, each detailing a specific aspect of the crystal form:
- Claim 1: Describes the crystal form of the pyrrolidylthiocarbapenem derivative.
- Claims 2-5: Provide additional details on the physical and chemical properties of this crystal form, such as its X-ray powder diffraction pattern and melting point[5].
Claim Language and Patent Scope
The language used in the claims is critical in defining the patent's scope. Research has shown that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims, like those in this patent, are often associated with a higher probability of grant and a shorter examination process[3].
Patent Examination Process
The examination process for this patent would have involved a thorough review of the claims to ensure they are novel, non-obvious, and adequately described. The USPTO's examination process tends to narrow the scope of patent claims, especially when the duration of examination is longer. This ensures that the granted patent is clear and valid[3].
Patent Landscape
Related Patents and Prior Art
To understand the patent landscape, it is essential to look at related patents and prior art. The USPTO's Patent Public Search tool and other international databases like the European Patent Office's esp@cenet and the World Intellectual Property Organization's PATENTSCOPE can be used to search for similar patents and prior art[1].
Global Dossier and Common Citation Document
Tools like the Global Dossier and the Common Citation Document (CCD) provide insights into the patent family and citation data across different IP offices. These tools help in visualizing the prior art cited by multiple offices for the same invention, which is crucial for understanding the broader patent landscape[1].
International Patent Offices
The patent landscape extends beyond the United States. Searching databases from other international intellectual property offices, such as the European Patent Office, Japan Patent Office, and China National Intellectual Property Administration, can reveal whether similar patents have been granted or applied for in other countries[1].
Litigation and Patent Quality
Patent litigation can provide insights into the validity and scope of patents. Studies have shown that patents involved in litigation often have broader claims and lower clarity, which can lead to increased litigation costs. The USPTO has been recommended to link patent litigation trends with internal examination data to improve patent quality[4].
Key Takeaways
- Narrow Claims: The patent's claims are narrowly focused on the specific crystal form of the pyrrolidylthiocarbapenem derivative.
- Examination Process: The USPTO's examination process likely narrowed the claims to ensure clarity and validity.
- Global Context: The patent landscape includes similar patents and prior art from international IP offices.
- Litigation Impact: Patent litigation trends can influence the quality and scope of patents.
FAQs
Q: What is the main subject of United States Patent 8,247,402 B2?
A: The main subject is the crystal form of a pyrrolidylthiocarbapenem derivative, a type of antibiotic.
Q: How many claims are included in this patent?
A: The patent includes 5 claims that detail the physical and chemical properties of the crystal form.
Q: What tools can be used to search for related patents and prior art?
A: Tools such as the USPTO's Patent Public Search, Global Dossier, and Common Citation Document, as well as international databases like esp@cenet and PATENTSCOPE.
Q: Why is the examination process important for patent scope?
A: The examination process ensures that the claims are novel, non-obvious, and adequately described, often narrowing the scope to ensure clarity and validity.
Q: How does patent litigation impact patent quality?
A: Patent litigation trends can be linked to internal examination data to improve patent quality by exposing patterns in the examination of patents that end up in court.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- PubChem - Crystal form of pyrrolidylthiocarbapenem derivative: https://pubchem.ncbi.nlm.nih.gov/patent/US8247402
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- GAO - Assessing Factors That Affect Patent Infringement Litigation: https://www.gao.gov/products/gao-13-465
- US Patent Office - Crystal form of pyrrolidylthiocarbapenem derivative: https://patentimages.storage.googleapis.com/pdfs/US8247402.pdf
