United States Patent 8,501,238: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,501,238, titled "Anti-infective agents and uses thereof," is a significant patent in the field of pharmaceuticals, particularly in the treatment of infectious diseases. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Publication and Authority
The patent, US8501238B2, was granted by the United States Patent and Trademark Office (USPTO) and is currently active, although its expiration date is listed as part of its legal status[4].
Inventors and Assignees
While the specific inventors and assignees are not detailed here, it is crucial to note that the patent is associated with a specific entity or individual who has the rights and responsibilities tied to the invention.
Prior Art and Related Patents
The patent builds upon prior art in the field of anti-infective agents, particularly those targeting Hepatitis C Virus (HCV). The prior art keywords include terms like "group," "crystalline," "tert-butyl," and "naphthalen," indicating the chemical nature of the invention[4].
Scope of the Patent
Invention Description
The patent describes compounds and salts thereof that inhibit HCV, along with intermediates useful for the preparation of these compounds. The invention includes various chemical substances, such as solvates, and methods for their preparation and use[4].
Claim Structure
The claims of the patent are structured to define the scope of the invention. Here, the claims include:
- Independent Claims: These define the broadest scope of the invention. For example, Claim 1 might describe a compound with specific structural features.
- Dependent Claims: These narrow down the scope by adding additional limitations to the independent claims. For instance, a dependent claim might specify a particular salt form of the compound.
- Method Claims: These claims cover the methods of preparing and using the compounds[4].
Metrics for Measuring Patent Scope
Research has shown that patent scope can be measured using metrics such as independent claim length and independent claim count. Narrower claims, as measured by these metrics, are often associated with a higher probability of grant and a shorter examination process[3].
Claim Length and Count
In the case of US8501238B2, the claims are detailed and specific, indicating a well-defined scope. The examination process likely narrowed the scope of the claims to ensure clarity and validity.
Chemical Substances and Methods
Compounds and Salts
The patent details various compounds and their salts that are effective against HCV. These include specific chemical structures and their corresponding salts, such as sodium and other solvates[4].
Intermediates and Preparation Methods
The invention also covers intermediates used in the preparation of these anti-infective agents. Methods for synthesizing these compounds, including powder X-ray diffraction and other analytical techniques, are described in detail[4].
Patent Landscape
Global Patent Family
To understand the broader patent landscape, it is essential to look at the global patent family. Tools like the Global Dossier provided by the USPTO allow users to see related applications filed at participating IP Offices, including the IP5 Offices (USPTO, EPO, JPO, KIPO, and CNIPA)[1].
International Patent Databases
Searching international patent databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO) can reveal similar or related patents filed in other jurisdictions. This helps in understanding the global reach and potential overlaps or conflicts with other patents[1].
Search and Analysis Tools
Patent Public Search
The USPTO's Patent Public Search tool is a powerful resource for searching prior art and related patents. This tool replaced legacy search tools and provides enhanced access to prior art, which is crucial for analyzing the scope and claims of a patent like US8501238B2[1].
Common Citation Document (CCD)
The CCD application consolidates citation data from participating IP Offices, allowing users to visualize search results for the same invention on a single page. This tool is particularly useful for understanding how different offices have treated similar patent applications[1].
Practical Implications
Licensing and Litigation
The scope and claims of a patent can significantly impact licensing and litigation. Broader claims may lead to increased licensing and litigation costs, while narrower claims can provide clearer boundaries and reduce potential disputes[3].
Innovation Incentives
The clarity and validity of patent claims can influence innovation incentives. Patents with well-defined scopes and clear claims can encourage further innovation by providing a clear understanding of what is protected and what is open for further development[3].
Key Takeaways
- Patent Scope: The scope of US8501238B2 is defined by its claims, which include specific compounds, salts, and methods for their preparation and use.
- Claim Metrics: The patent's claims are likely to have been narrowed during the examination process to ensure clarity and validity.
- Global Landscape: Understanding the global patent family and searching international databases are crucial for analyzing the broader patent landscape.
- Search Tools: Utilizing tools like Patent Public Search and CCD can help in detailed analysis and prior art search.
- Practical Implications: The clarity and validity of the patent claims can impact licensing, litigation, and innovation incentives.
FAQs
Q: What is the main subject of United States Patent 8,501,238?
A: The main subject of US8501238B2 is anti-infective agents, specifically compounds and salts that inhibit Hepatitis C Virus (HCV).
Q: How can one measure the scope of a patent like US8501238B2?
A: The scope of a patent can be measured using metrics such as independent claim length and independent claim count.
Q: What tools are available for searching prior art related to US8501238B2?
A: Tools like the USPTO's Patent Public Search, Global Dossier, and Common Citation Document (CCD) are available for searching prior art.
Q: Why is it important to analyze the global patent family of US8501238B2?
A: Analyzing the global patent family helps in understanding related applications filed in other jurisdictions, which can reveal potential overlaps or conflicts.
Q: How do the claims of US8501238B2 impact licensing and litigation?
A: The clarity and validity of the claims can reduce licensing and litigation costs by providing clear boundaries of what is protected.
Sources
- USPTO: Search for patents - USPTO
- PubChem: Anti-infective agents and uses thereof - Patent US-8501238-B2
- SSRN: Patent Claims and Patent Scope
- Google Patents: US8501238B2 - Anti-infective agents and uses thereof
- Regulations.gov: FDA U.S. FOOD & DRUG OCT 1 0 2010 - Regulations.gov
