Analyzing the Scope and Claims of United States Patent 8,691,847: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the details of United States Patent 8,691,847, titled "Benzamides and related inhibitors of factor Xa," and provide a thorough analysis of its scope, claims, and the broader patent landscape.
Overview of the Patent
Patent Number and Title
United States Patent 8,691,847, titled "Benzamides and related inhibitors of factor Xa," was granted to protect novel benzamide compounds and their derivatives. These compounds are designed to inhibit factor Xa, a key enzyme in the blood coagulation cascade, making them potential therapeutic agents for preventing and treating thrombotic disorders[4].
Publication and Priority Dates
The patent was published on April 8, 2014, with a priority date of August 24, 2011. This indicates that the inventors filed the initial application in 2011, and after a thorough examination process, the patent was granted in 2014[4].
Scope of the Patent
Claims
The patent includes a series of claims that define the scope of the invention. These claims are categorized into independent and dependent claims.
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Independent Claims: These claims stand alone and define the broadest scope of the invention. For example, Claim 1 might describe the general structure of the benzamide compounds, including their pharmaceutically acceptable isomers, salts, hydrates, solvates, and prodrug derivatives[4].
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Dependent Claims: These claims are narrower and depend on the independent claims. They often specify particular aspects or variations of the invention, such as specific substituents or functional groups on the benzamide core[4].
Description of the Invention
The patent provides a detailed description of the benzamide compounds, including their synthesis, pharmacological activity, and potential therapeutic uses. This section is crucial for understanding the technical aspects of the invention and how it differs from prior art[4].
Claims Analysis
Claim Structure
The claims in Patent 8,691,847 are structured to ensure broad protection while also being specific enough to distinguish the invention from existing knowledge. Here is an example of how a claim might be structured:
- Claim 1: A compound of formula (I), wherein R1, R2, and R3 are defined as specific groups, and the compound is a benzamide derivative with factor Xa inhibitory activity[4].
Claim Dependencies
Dependent claims build upon the independent claims, adding additional limitations to narrow the scope. For instance:
- Claim 2: The compound of Claim 1, wherein R1 is a phenyl group, and R2 is an alkyl group[4].
Claim Scope and Breadth
The scope of the claims determines the extent of protection afforded to the invention. Broad claims can encompass a wide range of variations, while narrow claims may only protect very specific embodiments. The balance between breadth and specificity is critical to ensure that the patent is enforceable and valuable.
Patent Landscape
Prior Art and Novelty
To be granted, a patent must be novel and non-obvious over the prior art. The patent office conducts a thorough search of existing patents and publications to ensure that the claimed invention is new and inventive. For Patent 8,691,847, the prior art keywords include terms related to benzamide compounds and factor Xa inhibitors, indicating that the inventors had to demonstrate how their compounds were distinct from existing knowledge[4].
Global Patent Family
Patents often have a global family, meaning that similar applications are filed in multiple countries. Using tools like the Global Dossier provided by the USPTO, one can see the patent family for a specific application, including related applications filed at participating IP Offices[1].
Citation Data
The Common Citation Document (CCD) application consolidates prior art cited by all participating offices for the family members of a patent application. This helps in visualizing the search results for the same invention produced by several offices on a single page[1].
Search and Analysis Tools
USPTO Resources
The USPTO offers several resources for searching and analyzing patents, including the Patent Public Search tool, which replaced legacy search tools like PubEast and PubWest. This tool provides enhanced access to prior art and is essential for conducting thorough patent searches[1].
International Databases
To see if an idea has been patented abroad, one can refer to searchable databases made available by other International Intellectual Property offices, such as the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
Economic and Legal Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents and applications, which can be used to analyze trends and scope measurements. This dataset can help in understanding the economic and legal implications of patent claims, including the breadth and depth of protection[3].
Small Claims Patent Court
There have been discussions and studies on the feasibility of a small claims patent court, which could impact how patent disputes are resolved, especially for smaller entities. This could potentially affect the enforcement and valuation of patents like 8,691,847[2].
Key Takeaways
- Patent Scope: The scope of Patent 8,691,847 is defined by its claims, which include both independent and dependent claims that specify the benzamide compounds and their derivatives.
- Claims Analysis: The claims are structured to balance breadth and specificity, ensuring that the invention is distinguishable from prior art.
- Patent Landscape: The patent is part of a global family and can be analyzed using tools like the Global Dossier and CCD.
- Search and Analysis Tools: Resources like the USPTO's Patent Public Search and international databases are essential for thorough patent searches.
- Economic and Legal Implications: The patent's economic and legal implications can be understood through datasets and studies on patent claims and potential legal reforms.
FAQs
Q: What is the main subject of United States Patent 8,691,847?
A: The main subject of United States Patent 8,691,847 is novel benzamide compounds and their derivatives that act as inhibitors of factor Xa.
Q: How can I search for similar patents globally?
A: You can use tools like the Global Dossier and international databases such as those provided by the EPO, JPO, and WIPO to search for similar patents globally[1].
Q: What is the significance of the claims in a patent?
A: The claims in a patent define the scope of the invention and determine the extent of protection afforded to it. They must be specific enough to distinguish the invention from prior art but broad enough to encompass variations[4].
Q: How can I analyze the economic implications of a patent?
A: You can use datasets like the USPTO's Patent Claims Research Dataset to analyze trends and scope measurements, which can help in understanding the economic implications of a patent[3].
Q: Is there a proposed small claims patent court in the U.S.?
A: Yes, there have been studies and discussions on the feasibility of a small claims patent court, which could impact how patent disputes are resolved, especially for smaller entities[2].
Sources
- USPTO: Search for patents - USPTO. Retrieved from https://www.uspto.gov/patents/search
- ACUS: U.S. Patent Small Claims Court. Retrieved from https://www.acus.gov/research-projects/us-patent-small-claims-court
- USPTO: Patent Claims Research Dataset - USPTO. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents: US8691847B2 - Benzamides and related inhibitors of factor Xa. Retrieved from https://patents.google.com/patent/US8691847B2/en
