Analyzing the Scope and Claims of United States Patent 8,252,813: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, businesses, and legal professionals. This article will delve into the details of United States Patent 8,252,813, focusing on its claims, scope, and the broader patent landscape.
Background of Patent 8,252,813
United States Patent 8,252,813 pertains to BAXDELA (delafloxacin meglumine), a human drug product. This patent was part of the new drug applications (NDAs) 208610 and 208611 reviewed by the Food and Drug Administration (FDA)[2][5].
Claims of the Patent
The claims of a patent define the scope of the invention and are critical in determining what is protected by the patent. For Patent 8,252,813, the claims would typically include specific formulations, methods of use, and possibly the compound itself.
- Independent Claims: These are the broadest claims that stand alone and define the core invention. For a pharmaceutical patent like 8,252,813, these might include the chemical structure of delafloxacin meglumine and its therapeutic use.
- Dependent Claims: These claims are narrower and depend on the independent claims. They might include specific dosages, administration methods, or combinations with other drugs.
Scope of the Patent
The scope of a patent is determined by its claims and the description provided in the patent specification.
- Patent Specification: This includes a detailed description of the invention, enabling one skilled in the art to make and use the invention. For 8,252,813, this would involve the synthesis of delafloxacin meglumine, its pharmacological properties, and clinical data.
- Prior Art: Understanding the prior art is essential to determine the novelty and non-obviousness of the invention. The patent office would have considered existing patents and publications related to fluoroquinolone antibiotics before granting the patent.
Patent Landscape Analysis
Analyzing the patent landscape involves looking at related patents and patent applications to understand the competitive environment.
Global Dossier and International Patent Offices
To analyze the global patent landscape for 8,252,813, tools like the Global Dossier can be used. This service provides access to the file histories of related applications from participating IP Offices, including the IP5 Offices (USPTO, EPO, JPO, KIPO, and CNIPA)[1].
- European Patent Office (EPO): Using databases like esp@cenet, one can search for European patents related to delafloxacin meglumine.
- Japan Patent Office (JPO): Similar searches can be conducted using the JPO database, which also provides machine translations of Japanese patents.
- World Intellectual Property Organization (WIPO): The PATENTSCOPE® Search Service allows for a full-text search of published international patent applications, including those related to fluoroquinolone antibiotics.
Common Citation Document (CCD)
The Common Citation Document (CCD) consolidates prior art cited by all participating offices for the family members of a patent application. This tool helps in visualizing the search results for the same invention produced by several offices on a single page[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs can provide additional resources and training in patent search techniques, which can be invaluable for a detailed analysis of the patent landscape[1].
Search Tools and Resources
Several tools and resources are available for conducting a thorough patent search.
Patent Public Search
The Patent Public Search tool is a powerful resource that replaced legacy search tools like PubEast and PubWest. It offers enhanced access to prior art and flexible search capabilities[1].
Public Search Facility
The USPTO Public Search Facility in Alexandria, VA, provides access to patent and trademark information in various formats, including online, microfilm, and print. Trained staff are available to assist users[1].
Patent Examination Data System (PEDS)
The PEDS allows public users to search, view, and download bibliographic data for all publicly available patent applications. This can be useful for analyzing the examination history and citations related to 8,252,813[1].
Economic and Statistical Analysis
For a broader understanding, economic and statistical analyses can be conducted using datasets provided by the USPTO.
- Patent Claims Research Dataset: This dataset contains detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014. It can help in analyzing the scope and trends of patent claims in the pharmaceutical sector[3].
International Patent Classification (IPC)
Patents are classified under the WIPO’s classification of technology areas. For 8,252,813, the IPC codes would fall under the category of pharmaceuticals, specifically antibiotics. This classification helps in identifying related patents and trends in the field[4].
Key Takeaways
- Claims and Scope: The claims of Patent 8,252,813 define the protected invention, including the chemical structure and therapeutic use of delafloxacin meglumine.
- Patent Landscape: Tools like Global Dossier, CCD, and international patent office databases help in analyzing the global patent landscape.
- Search Resources: Utilize the Patent Public Search, Public Search Facility, and PEDS for comprehensive patent searches.
- Economic Analysis: Datasets like the Patent Claims Research Dataset provide insights into patent trends and scope.
FAQs
What is the main subject of United States Patent 8,252,813?
The main subject of United States Patent 8,252,813 is BAXDELA (delafloxacin meglumine), a human drug product.
How can I search for related patents internationally?
You can use tools like the Global Dossier, European Patent Office's esp@cenet, Japan Patent Office's database, and WIPO's PATENTSCOPE® Search Service to search for related patents internationally.
What is the Common Citation Document (CCD)?
The Common Citation Document (CCD) consolidates prior art cited by all participating offices for the family members of a patent application, allowing users to visualize search results on a single page.
Where can I find detailed information on patent claims?
The Patent Claims Research Dataset provided by the USPTO contains detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014.
How do I classify patents under the International Patent Classification (IPC)?
Patents are classified under the WIPO’s classification of technology areas. For pharmaceutical patents like 8,252,813, they would be classified under specific IPC codes related to antibiotics.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- FDA - Regulations.gov: https://downloads.regulations.gov/FDA-2017-E-6744-0006/attachment_1.pdf
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- NSF - Invention, Knowledge Transfer, and Innovation: https://ncses.nsf.gov/pubs/nsb20224/technical-appendix
- Regulations.gov - Docket (FDA-2017-E-6744): https://www.regulations.gov/docket/FDA-2017-E-6744
