United States Patent 8,597,876: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,597,876, titled "Method of treating HIV infection," is a significant patent in the field of antiretroviral therapy. This patent, issued to treat HIV infection in antiretroviral treatment-experienced mammals, involves specific methods and compounds that are crucial for understanding the patent's scope, claims, and its position within the broader patent landscape.
Background of the Patent
The patent, US8597876B2, was granted for a method of treating HIV infection, particularly in individuals who have already been treated with antiretroviral therapies. This method involves the use of specific compounds and treatment regimens designed to combat the virus effectively in treatment-experienced patients[4].
Scope of the Patent
Overview of Patent Scope
The scope of a patent is defined by its claims, which outline the specific inventions and methods that are protected. For US8597876B2, the scope includes:
- Methods of Treatment: The patent describes a method of treating HIV infection using specific antiretroviral compounds.
- Compounds and Formulations: It includes detailed descriptions of the chemical compounds, their structures, and formulations used in the treatment.
- Patient Population: The method is specifically tailored for antiretroviral treatment-experienced mammals, which includes humans who have previously received antiretroviral therapy[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. These metrics help in understanding the breadth and clarity of the patent claims. For US8597876B2, the claims are detailed and specific, indicating a narrower scope that is more focused on the particular method of treatment rather than broad, general claims[3].
Claims of the Patent
Independent Claims
The independent claims of the patent are crucial as they define the core invention. For US8597876B2, these claims include:
- Method Claims: The patent claims a method of treating HIV infection involving the administration of specific antiretroviral compounds.
- Compound Claims: It claims the use of particular chemical compounds, including their structures and formulations, in the treatment regimen[4].
Dependent Claims
Dependent claims further specify the independent claims by adding additional limitations. These claims help in narrowing down the scope and providing more detailed descriptions of the invention. For example, dependent claims might specify the dosage, administration route, or specific patient populations.
Detailed Description of the Invention
Chemical Compounds
The patent describes various chemical compounds used in the treatment method, including their structures, formulas, and properties. These compounds are designed to target the HIV virus effectively in treatment-experienced patients. For instance, the patent mentions compounds like ritonavir, amprenavir, saquinavir, and indinavir, which are well-known antiretroviral agents[4].
Treatment Regimens
The method involves specific treatment regimens that include the administration of these compounds. The patent details the dosages, administration schedules, and any necessary adjustments based on patient response.
Patent Landscape
Related Patents and Prior Art
The patent landscape for HIV treatment is extensive and includes numerous patents related to antiretroviral therapies. Prior art in this field includes other patents and publications that describe similar methods and compounds. For example, the European Patent Office (EPO) and the World Intellectual Property Organization (WIPO) databases contain numerous patents related to HIV treatment, which can be searched using tools like esp@cenet and PATENTSCOPE[1].
International Patent Offices
To understand the global patent landscape, it is essential to search international patent databases. The USPTO provides resources to search international patent offices, such as the European Patent Office, Japan Patent Office, and the World Intellectual Property Organization. These searches help in identifying similar patents and ensuring that the invention is novel and non-obvious on a global scale[1].
Patent Family and Global Dossier
The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This service is crucial for understanding the broader patent family and any office actions related to the patent[1].
Legal Status and Expiration
Current Status
The legal status of US8597876B2 is listed as "Expired - Fee Related," indicating that the patent has expired due to non-payment of maintenance fees. This status is important for understanding the current legal standing of the patent and its implications for potential users or licensees[4].
Impact on Innovation and Industry
Licensing and Litigation
The expiration of the patent can have significant implications for the industry. It can reduce licensing and litigation costs, as the technology becomes part of the public domain. However, during its active period, the patent would have influenced innovation by providing exclusive rights to the patent holder, which could have driven further research and development in the field[3].
Public Health Implications
The method described in US8597876B2 has public health implications, particularly for individuals living with HIV. The availability of effective antiretroviral treatments is crucial for managing the disease, and patents like this one play a significant role in ensuring that such treatments are developed and made available.
Key Takeaways
- Specific Method of Treatment: The patent describes a specific method of treating HIV infection in antiretroviral treatment-experienced mammals.
- Detailed Claims: The claims are detailed and specific, indicating a narrower scope focused on the particular method and compounds.
- Global Patent Landscape: The patent is part of a broader global patent landscape that includes similar patents and prior art.
- Legal Status: The patent has expired due to non-payment of maintenance fees.
- Public Health Impact: The patent has significant public health implications for the management of HIV.
FAQs
What is the main subject of United States Patent 8,597,876?
The main subject of US8597876B2 is a method of treating HIV infection in antiretroviral treatment-experienced mammals.
What are the key compounds mentioned in the patent?
The patent mentions compounds such as ritonavir, amprenavir, saquinavir, and indinavir, which are antiretroviral agents.
How can one search for related patents globally?
One can search for related patents globally using databases like esp@cenet (European Patent Office), PATENTSCOPE (World Intellectual Property Organization), and other international patent offices' databases.
What is the current legal status of US8597876B2?
The patent has expired due to non-payment of maintenance fees.
How does the expiration of the patent affect the industry?
The expiration of the patent reduces licensing and litigation costs and makes the technology part of the public domain, which can drive further innovation and accessibility of the treatment.
What are the implications of this patent for public health?
The patent has significant public health implications as it describes an effective method for treating HIV infection, which is crucial for managing the disease and improving patient outcomes.
Sources
- USPTO: Search for patents - USPTO. [Online]. Available: https://www.uspto.gov/patents/search
- Unified Patents Portal: WO-1999067417-A3 - Unified Patents Portal. [Online]. Available: https://portal.unifiedpatents.com/patents/patent/WO-1999067417-A3
- SSRN: Patent Claims and Patent Scope - Search eLibrary :: SSRN. [Online]. Available: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents: US8597876B2 - Method of treating HIV infection - Google Patents. [Online]. Available: https://patents.google.com/patent/US8597876B2/en
- Patent Docs: Court Report - Patent Docs. [Online]. Available: https://www.patentdocs.org/2015/04/court-2.html
