United States Patent 8,513,293: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,513,293, titled "Methods of treating a hyperproliferative disorder or inhibiting cell growth in a mammal," is a significant patent in the field of medical treatments, particularly for hyperproliferative diseases. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Number and Authority
The patent, numbered US8513293B2, was issued by the United States Patent and Trademark Office (USPTO)[5].
Background and Purpose
The patent describes methods for inhibiting abnormal cell growth or treating hyperproliferative diseases in mammals. This includes various types of cancers and other disorders characterized by excessive cell proliferation.
Scope of the Patent
Claims
The patent includes multiple claims that define the scope of the invention. Here are some key aspects:
- Independent Claims: These claims define the broadest scope of the invention. For example, Claim 1 might describe a method of treating a hyperproliferative disorder by administering a specific compound to a mammal[5].
- Dependent Claims: These claims narrow down the scope by adding specific details or limitations to the independent claims. For instance, a dependent claim might specify the type of hyperproliferative disorder or the dosage of the compound[5].
Prior Art and Novelty
The patent must demonstrate novelty and non-obviousness over prior art. The prior art keywords listed, such as "mmol," "fluoro," "phenylamino," and others, indicate the chemical and biological context in which the invention is situated. The patent must show how it improves upon or differs from existing treatments and compounds[5].
Claims Analysis
Independent Claims
- Claim 1: Typically, this claim will outline the broad method of treatment, including the administration of a specific compound to a mammal to inhibit abnormal cell growth or treat hyperproliferative diseases[5].
Dependent Claims
- Claim 2-10: These claims might specify various aspects such as:
- The type of hyperproliferative disorder (e.g., cancer, melanoma, pancreatic neoplasm).
- The specific compound or class of compounds used.
- The dosage and administration route.
- Combination therapies involving other agents[5].
Patent Landscape
Related Patents and Applications
The patent landscape includes other patents and applications related to hyperproliferative disorders and their treatments. Tools like the USPTO's Patent Public Search and Global Dossier can help identify related patents and applications filed at participating IP Offices[1].
Common Citation Document (CCD)
The CCD application consolidates prior art cited by all participating offices for the family members of a patent application. This can help in understanding how different patent offices have treated similar inventions and what prior art has been cited[1].
Economic and Statistical Context
The Patent Claims Research Dataset by the USPTO provides detailed information on claims from U.S. patents, including statistics on patent scope. This dataset can offer insights into the trends and measurements of patent scope in the medical treatment field[3].
Inventorship and Ownership
Determining Inventorship
Inventorship is a critical aspect of patent law. For US8513293B2, the inventors listed are those who conceived the subject matter of at least one claim of the patent. This involves identifying individuals who contributed to the conception of the idea, not just those who reduced the invention to practice[4].
Correction of Errors in Inventorship
If errors in inventorship occur, they can often be corrected without invalidating the patent, provided there was no deceptive intent. However, if deceptive intent is found, the patent can be deemed unenforceable[4].
Practical Implications and Applications
Clinical Use
The methods described in the patent are intended for clinical use in treating hyperproliferative disorders. This includes potential treatments for various types of cancer and other diseases characterized by abnormal cell growth.
Commercial and Research Impact
The patent could have significant commercial and research implications. It may influence the development of new treatments and therapies, and companies may seek to license or acquire the patent to advance their own research and product development.
Legal Status and Expiration
Current Status
As of the current date, the legal status of the patent should be verified. The patent may have expired or be nearing expiration, which could affect its enforceability and the ability to practice the invention without infringement[5].
Key Takeaways
- Scope and Claims: The patent defines specific methods for treating hyperproliferative disorders, with claims that outline the broad and narrow scopes of the invention.
- Patent Landscape: The patent is part of a broader landscape that includes related patents and applications, which can be analyzed using tools like the USPTO's Patent Public Search and Global Dossier.
- Inventorship: Correct determination of inventorship is crucial, and errors can be corrected if there is no deceptive intent.
- Practical Implications: The patent has significant clinical, commercial, and research implications.
FAQs
Q: What is the main subject matter of US Patent 8,513,293?
A: The main subject matter is methods for treating hyperproliferative disorders or inhibiting cell growth in mammals.
Q: How can one search for related patents and applications?
A: Tools like the USPTO's Patent Public Search, Global Dossier, and Common Citation Document (CCD) can be used to search for related patents and applications.
Q: What is the importance of correct inventorship in a patent application?
A: Correct inventorship is crucial as it ensures the patent is valid and enforceable. Errors in inventorship can lead to the patent being deemed invalid if there was deceptive intent.
Q: How can errors in inventorship be corrected?
A: Errors in inventorship can be corrected if there was no deceptive intent. Corrections can be made even after the patent is issued.
Q: What is the significance of the Patent Claims Research Dataset by the USPTO?
A: The dataset provides detailed information on claims from U.S. patents, including statistics on patent scope, which can offer insights into trends and measurements of patent scope in various fields.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office (USPTO): https://www.usa.gov/agencies/u-s-patent-and-trademark-office
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Oregon State University - Determining Inventorship for US Patent Applications: https://agsci.oregonstate.edu/sites/agsci/files/main/research/vrc_release_inventorship-gattari.pdf
- Google Patents - US8513293B2: https://patents.google.com/patent/US8513293B2/en
