Analyzing the Scope and Claims of United States Patent 8,476,425
Introduction
United States Patent 8,476,425, titled "Tazobactam arginine compositions," is a patent that discloses compositions containing solid forms of tazobactam arginine, along with methods for their manufacture and use. Here, we will delve into the details of the patent's scope, claims, and the broader patent landscape.
Patent Overview
The patent, assigned to a specific entity (though not specified in the provided sources), focuses on tazobactam arginine compositions. Tazobactam is a beta-lactamase inhibitor used in combination with antibiotics to combat bacterial infections.
Scope of the Patent
The scope of the patent is defined by its claims, which outline the specific inventions and innovations covered.
Claims Analysis
The patent includes multiple claims that can be categorized into several types:
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Composition Claims: These claims define the specific compositions of tazobactam arginine, including the solid forms and their characteristics. For example, the claims might specify the polymorphic forms of tazobactam arginine, their stability, and purity[4].
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Method Claims: These claims describe the methods for manufacturing the tazobactam arginine compositions. This includes processes such as crystallization, drying, and formulation[4].
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Use Claims: These claims outline the intended uses of the tazobactam arginine compositions, such as their application in pharmaceutical formulations and their efficacy in treating bacterial infections[4].
Claim Language and Scope
The language used in the claims is crucial for determining the patent's scope. Here are some key aspects:
Independent Claim Length and Count
Research has shown that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims, as indicated by shorter lengths and fewer counts, are often associated with a higher probability of grant and a shorter examination process[3].
Claim Breadth
The breadth of the claims in US 8,476,425 would be evaluated based on their specificity and the range of variations they cover. Broader claims might encompass a wider range of compositions and methods, but they also risk being more vulnerable to challenges during the examination process[3].
Patent Landscape
Understanding the patent landscape is essential for assessing the novelty and non-obviousness of the invention.
Prior Art
The patent landscape includes prior art that has been cited during the examination process. For US 8,476,425, prior art keywords such as "polymorph," "tazobactam arginine," and "oxo" indicate the existing knowledge in the field that the patent must differentiate itself from[4].
Global Dossier and International Search
Tools like the Global Dossier and international patent databases (e.g., EPO's esp@cenet, JPO, and WIPO's PATENTSCOPE) provide access to related applications and prior art from other countries. This helps in understanding the global patent family and any potential overlaps or conflicts[1].
Search and Examination Process
The search and examination process for US 8,476,425 would have involved several steps:
Preliminary Search
A preliminary search using tools like the USPTO's Patent Public Search or The Lens would have been conducted to identify existing patents and published applications related to tazobactam arginine compositions[1][2].
Office Actions and Responses
During the examination process, the patent office would have issued office actions indicating any issues with the claims, such as lack of novelty or non-obviousness. The applicant would have responded to these actions by amending the claims or providing arguments to overcome the objections[1].
Public Access and Resources
Public access to patent information is crucial for understanding the scope and claims of a patent.
USPTO Resources
The USPTO provides several resources, including the Patent Public Search tool, the Public Search Facility, and Patent and Trademark Resource Centers (PTRCs), which can be used to search and analyze patents like US 8,476,425[1].
Sequence Listings and Assignment Search
For patents involving biological sequences or changes in ownership, resources like the Publication Site for Issued and Published Sequences (PSIPS) and the Patent Assignment Search website are useful[1].
Key Takeaways
- Claims Analysis: The claims of US 8,476,425 define the specific compositions, methods, and uses of tazobactam arginine, which are critical for understanding the patent's scope.
- Patent Landscape: The patent landscape, including prior art and international searches, helps in assessing the novelty and non-obviousness of the invention.
- Search and Examination: The search and examination process involves preliminary searches, office actions, and responses to ensure the patent meets the criteria for grant.
- Public Resources: Public access to patent information through USPTO resources and other databases is essential for analyzing and understanding patents.
FAQs
Q1: What is the main subject of United States Patent 8,476,425?
The main subject of US 8,476,425 is the compositions containing solid forms of tazobactam arginine and methods for their manufacture and use.
Q2: How are the claims of a patent like US 8,476,425 typically categorized?
The claims are typically categorized into composition claims, method claims, and use claims.
Q3: What tools can be used to search for prior art related to a patent like US 8,476,425?
Tools such as the USPTO's Patent Public Search, The Lens, and international patent databases like EPO's esp@cenet and WIPO's PATENTSCOPE can be used.
Q4: Why is the breadth of claims important in a patent?
The breadth of claims is important because it affects the patent's scope and its vulnerability to challenges during the examination process.
Q5: Where can one find information on patent assignments and changes in ownership for a patent like US 8,476,425?
Information on patent assignments and changes in ownership can be found using the Patent Assignment Search website provided by the USPTO[1].
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- The Lens - Free & Open Patent and Scholarly Search: https://lens.org/180-822-204-488-168
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents - Tazobactam arginine compositions: https://patents.google.com/patent/US8476425B1/en
- Unified Patents Portal - US-20070286817-A1: https://portal.unifiedpatents.com/patents/patent/US-20070286817-A1
