United States Patent 8,258,962: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,258,962, titled "Multi-mode communication ingestible event marker devices," is a patent that revolves around innovative ingestible devices with multiple communication modes. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Overview of the Patent
The patent, issued on September 4, 2012, describes ingestible event marker devices that incorporate multiple communication modules. These devices are designed to communicate with various external systems, including those related to inventory control, pharmacy management, and patient health monitoring[4].
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific features and functionalities of the invention.
Independent Claims
The patent includes several independent claims that highlight the core aspects of the invention:
- Ingestible Component: The device includes an ingestible component with an integrated circuit that contains a conductive communication module and at least one non-conductive communication module[4].
- Communication Modules: The communication modules can include antennas, integrated circuitry, and other related components. These modules can be configured to use various communication methods such as radio-frequency, magnetic induction, optical, acoustic, or wired communication[4].
Dependent Claims
Dependent claims further specify the configurations and functionalities of the independent claims. For example:
- Power Source: The ingestible component may include a power source, such as a pair of electrodes fabricated from dissimilar materials[4].
- Separable Modules: At least a portion of the non-conductive communication module can be separable from the ingestible component without compromising its function[4].
Claims Analysis
Claim Language and Scope
The claims of the patent are crucial in defining the scope of protection. The use of specific language and the inclusion of various communication modules indicate a broad yet precise scope. For instance, the claim that the non-conductive communication module can be a wireless radio-frequency module or an infrared frequency module shows the flexibility and adaptability of the invention[4].
Metrics for Measuring Patent Scope
Research on patent scope often uses metrics such as independent claim length and independent claim count to assess the breadth of a patent. In the case of US 8,258,962, the multiple independent claims and the detailed descriptions of various communication modules suggest a well-defined yet comprehensive scope. This aligns with studies that indicate narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
Patent Landscape
Related Patents and Applications
The patent landscape for ingestible event markers and multi-mode communication devices is dynamic. Other patents and applications in this field often focus on similar aspects such as communication methods, power sources, and integration with healthcare systems. For example, patents from other companies may also cover ingestible devices with various communication capabilities, but the specific combination and configuration in US 8,258,962 distinguish it from others[4].
International Patent Databases
To understand the global patent landscape, one must refer to international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO). These databases can reveal similar patents filed in other jurisdictions, helping to identify potential competitors and collaborators[1].
Patent Family and Global Dossier
Using tools like the Global Dossier, one can view the patent family for US 8,258,962, including related applications filed at participating IP Offices. This provides a comprehensive view of the patent's global reach and any office actions or citations associated with it[1].
Practical Applications and Impact
Healthcare and Pharmacy Management
The devices described in the patent have significant practical applications in healthcare and pharmacy management. They can provide real-time data on medication adherence, inventory control, and patient safety, enhancing the overall efficiency and safety of healthcare systems[4].
Supply Chain Management
The integration of these devices with supply chain management systems can improve tracking and monitoring of pharmaceuticals, reducing the risk of counterfeit drugs and improving the reliability of the supply chain[4].
Legal and Regulatory Considerations
Patent Litigation and Licensing
The scope and claims of the patent are crucial in potential litigation and licensing agreements. The detailed claims and descriptions help in defining the boundaries of the invention, which can be essential in disputes over patent infringement or validity[3].
Regulatory Compliance
Compliance with regulatory requirements is vital for the commercialization of these devices. The patent's focus on safety and efficacy aligns with regulatory standards, but ongoing compliance with FDA and other regulatory bodies is necessary for market approval and maintenance[4].
Key Takeaways
- Comprehensive Scope: The patent covers a wide range of communication modules and configurations, ensuring a broad yet precise scope of protection.
- Practical Applications: The devices have significant applications in healthcare, pharmacy management, and supply chain management.
- Global Patent Landscape: Understanding the global patent family and related applications is crucial for strategic planning and compliance.
- Regulatory Compliance: Ensuring ongoing compliance with regulatory standards is essential for market approval and maintenance.
FAQs
What is the primary focus of United States Patent 8,258,962?
The primary focus is on ingestible event marker devices with multiple communication modes, including conductive and non-conductive communication modules.
How do the communication modules in the patent work?
The communication modules can use various methods such as radio-frequency, magnetic induction, optical, acoustic, or wired communication to transmit signals to external systems.
What are the practical applications of the devices described in the patent?
The devices can improve medication adherence tracking, inventory control, pharmacy management, and patient safety, and enhance supply chain reliability.
How can one search for related patents globally?
Using databases like the Global Dossier, EPO's esp@cenet, JPO's patent database, and WIPO's PATENTSCOPE can help in identifying related patents globally.
What metrics can be used to measure the scope of a patent like US 8,258,962?
Metrics such as independent claim length and independent claim count can be used to assess the breadth and specificity of the patent scope.
Sources
- USPTO: Search for patents - USPTO
- ACUS: U.S. Patent Small Claims Court
- SSRN: Patent Claims and Patent Scope
- Google Patents: US8258962B2 - Multi-mode communication ingestible event markers and systems, and methods of using the same
- DrugPatentWatch: Pharmaceutical drugs covered by patent 8,258,962. Claims ...
