Understanding the Scope and Claims of United States Patent 8,268,800
Introduction
United States Patent 8,268,800, titled "Certain compounds, compositions and methods," is a patent that protects specific tetrahydrouridine derivative compounds, their pharmaceutical compositions, and methods related to their use. Here, we will delve into the details of the patent's scope, claims, and the broader patent landscape in which it resides.
Patent Overview
The patent, assigned the number US8268800B2, was published on September 18, 2012. It covers tetrahydrouridine derivative compounds that act as inhibitors of the enzyme cytidine deaminase. These compounds have potential applications in pharmaceuticals, particularly in the treatment of diseases such as cancer.
Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broad scope of the invention, while dependent claims narrow down the invention by adding specific limitations.
- Independent Claims: These claims outline the core aspects of the invention, such as the chemical structure of the tetrahydrouridine derivatives and their use as cytidine deaminase inhibitors.
- Dependent Claims: These claims build upon the independent claims by specifying additional features, such as particular pharmaceutical compositions and methods of use.
Claim Scope and Clarity
The scope of patent claims is crucial for determining the patent's validity and enforceability. Research has shown that narrower claims at publication are associated with a higher probability of grant and a shorter examination process than broader claims[3].
- Claim Length and Count: The length and number of independent claims can indicate the patent's scope. Shorter, more focused claims are generally preferred as they reduce the risk of overly broad or unclear claims, which can lead to litigation and validity issues[3].
Patent Scope
Technical Field
The patent falls under the technical field of pharmaceuticals, specifically in the area of enzyme inhibitors. The classification of the patent under the International Patent Classification (IPC) system helps in understanding its place within the broader patent landscape[1].
Novelty and Non-Obviousness
For a patent to be granted, the invention must be novel and non-obvious. The tetrahydrouridine derivative compounds and their use as cytidine deaminase inhibitors must have been new and not obvious to a person of ordinary skill in the field at the time of the invention.
Geographical and Ownership Aspects
Inventorship and Ownership
The patent lists the inventors and the assignees, which are crucial for determining ownership and rights. In the U.S., inventorship is a legal matter that requires the identification of the true and only inventors who conceived the idea and reduced it to practice[5].
- Correct Determination of Inventors: The correct identification of inventors is vital to avoid issues of invalidity or unenforceability of the patent. Errors in inventorship can be corrected, but deceptive intent can render the patent unenforceable[5].
Geographical Distribution
While the patent itself does not provide geographical distribution data, the broader context of patent activity in the U.S. can be understood through county-level data provided by the National Center for Science and Engineering Statistics (NCSES). This data shows patent intensity and distribution across different regions, which can be relevant for understanding the innovation landscape[1].
Examination Process
Patent Office Review
The examination process at the U.S. Patent and Trademark Office (USPTO) involves a thorough review of the patent application to ensure that the claims are clear, novel, and non-obvious. The process can narrow the scope of patent claims, making them more specific and less prone to litigation[3].
Market and Innovation Impact
Pharmaceutical Industry
The patent's impact on the pharmaceutical industry can be significant, particularly in the development of new cancer treatments. The protection offered by the patent allows the inventors and assignees to invest in further research and development without fear of immediate competition.
Licensing and Litigation
The clarity and scope of the patent claims can influence licensing and litigation outcomes. Clear and narrow claims reduce the risk of disputes and make it easier to negotiate licensing agreements, thereby promoting innovation[3].
Key Takeaways
- Patent Claims: The patent includes independent and dependent claims that define the scope of the tetrahydrouridine derivative compounds and their use.
- Scope and Clarity: Narrower claims are generally preferred for their clarity and reduced risk of litigation.
- Inventorship: Correct identification of inventors is crucial for the patent's validity and enforceability.
- Geographical and Ownership Aspects: Understanding the geographical distribution of patent activity and the correct assignment of ownership rights is important.
- Examination Process: The USPTO's examination process can narrow the scope of claims, making them more specific.
FAQs
-
What is the main subject matter of United States Patent 8,268,800?
- The patent covers tetrahydrouridine derivative compounds that act as inhibitors of the enzyme cytidine deaminase.
-
Why is the correct determination of inventors important in patent law?
- Correct determination of inventors is crucial to avoid issues of invalidity or unenforceability of the patent. Errors in inventorship can be corrected, but deceptive intent can render the patent unenforceable[5].
-
How does the USPTO's examination process affect patent claims?
- The examination process tends to narrow the scope of patent claims in terms of both claim length and claim count, making them more specific and less prone to litigation[3].
-
What are the implications of overly broad or unclear patent claims?
- Overly broad or unclear claims can lead to increased licensing and litigation costs, diminishing the incentives for innovation[3].
-
How is patent intensity measured in the context of U.S. county-level data?
- Patent intensity is measured as the number of patents issued to inventors residing in the county divided by the total population in that county, using fractional counts to avoid double counting[1].
Sources
- National Center for Science and Engineering Statistics. Invention, Knowledge Transfer, and Innovation. 2024.
- Thomson Reuters. Patent Claims, 3d, 2023-2024 ed.
- Hoover Institution. Patent Claims and Patent Scope. 2024.
- Google Patents. US8268800B2 - Certain compounds, compositions and methods.
- Oregon State University. Determining Inventorship for US Patent Applications.
