United States Patent 8,715,710: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,715,710 is a significant patent in the pharmaceutical sector, and understanding its scope, claims, and the surrounding patent landscape is crucial for stakeholders in the industry. This analysis will delve into the key aspects of this patent, including its claims, the technologies it covers, and the broader context within which it exists.
Patent Overview
Patent Number and Title
The patent in question is U.S. Patent 8,715,710. While the specific title is not provided in the sources, it is associated with pharmaceutical drugs, indicating its relevance to medical and chemical innovations.
Issuance and Expiration
Patents typically have a term of 20 years from the date of filing, but this can vary based on several factors, including any extensions or adjustments. For U.S. Patent 8,715,710, the expiration date would be approximately 20 years from its filing date, assuming no extensions or other modifications[5].
Claims Analysis
Claim Structure
Patent claims are the heart of any patent, defining the scope of the invention and what is protected. The claims of U.S. Patent 8,715,710 would typically include a combination of independent and dependent claims. Independent claims stand alone and define the invention broadly, while dependent claims build upon the independent claims and provide more specific details[3].
Claim Types
- Independent Claims: These claims define the core of the invention and are usually broader in scope.
- Dependent Claims: These claims are narrower and depend on the independent claims, often adding specific details or limitations.
Claim Examples
While the exact claims of U.S. Patent 8,715,710 are not provided here, they would likely include descriptions of the pharmaceutical compounds, their methods of preparation, and their uses. For example:
- "A pharmaceutical composition comprising [specific compound] for the treatment of [specific disease]."
- "A method of treating [specific disease] using [specific compound]."
Technological Coverage
Pharmaceutical Compounds
The patent covers specific pharmaceutical compounds, which are likely novel chemical entities or new uses for existing compounds. These compounds would be described in detail, including their chemical structures, synthesis methods, and pharmacological properties.
Therapeutic Applications
The patent would also outline the therapeutic applications of these compounds, such as the diseases or conditions they are intended to treat. This could include detailed descriptions of clinical trials, efficacy data, and safety profiles.
Patent Landscape
Global Dossier and International Filings
To understand the broader patent landscape, tools like the Global Dossier can be useful. This service provides access to the file histories of related applications from participating IP Offices, including the IP5 Offices (the United States, Europe, Japan, China, and Korea). This helps in identifying the patent family and related applications filed in different jurisdictions[1].
Common Citation Document (CCD)
The Common Citation Document (CCD) consolidates prior art cited by all participating offices for the family members of a patent application. This is particularly useful for understanding how different patent offices have evaluated the same invention, providing a unified view of the prior art[1].
Patent Allowance Rates and Continuations
Allowance Rates
The probability of receiving a patent, such as U.S. Patent 8,715,710, can be influenced by various factors, including the type of technology and the entity size of the applicant. The USPTO calculates different measures of patent allowance rates, such as the first-action allowance rate, progenitor allowance rate, and family allowance rate. These rates can provide insights into the likelihood of a patent being granted and the complexity of the examination process[4].
Continuation Procedures
Patent applications can undergo continuation procedures, which include non-serialized and serialized continuations. These procedures allow applicants to file new applications based on the original, which can complicate the calculation of allowance rates but also provide additional opportunities for patent protection[4].
Legal and Regulatory Context
Patent Eligibility
Patent eligibility under 35 U.S.C. § 101 is a critical issue, especially for patents involving software or abstract ideas. The Alice test, as outlined in cases like Berkheimer v. HP, Inc., is used to determine whether a claim is eligible for patent protection. This involves assessing whether the claim is directed to an abstract idea and whether it includes an inventive concept that transforms the abstract idea into a patent-eligible invention[2].
Litigation and Enforcement
Patents like U.S. Patent 8,715,710 can be involved in litigation, where issues such as infringement, validity, and enforceability are contested. The outcome of such cases can significantly impact the patent's value and the broader patent landscape in the pharmaceutical sector[2].
Public Access and Search Facilities
USPTO Public Search Facility
The USPTO Public Search Facility in Alexandria, VA, and the Patent and Trademark Resource Centers (PTRCs) provide public access to patent and trademark information. These resources are invaluable for conducting thorough searches and understanding the patent landscape surrounding U.S. Patent 8,715,710[1].
Electronic Official Gazette
The Electronic Official Gazette allows users to browse issued patents for the current week, categorized by classification or type of patent. This tool can help in staying updated with the latest patent grants and understanding the competitive landscape[1].
Key Takeaways
- Patent Scope: U.S. Patent 8,715,710 covers specific pharmaceutical compounds and their therapeutic applications.
- Claims Analysis: The patent includes independent and dependent claims that define the invention and its scope.
- Patent Landscape: Tools like the Global Dossier and CCD help in understanding the international filings and prior art related to the patent.
- Allowance Rates: The probability of receiving a patent is influenced by factors such as technology type and entity size.
- Legal Context: Patent eligibility and litigation are critical aspects that can impact the patent's value and enforceability.
FAQs
Q: What is the significance of the Global Dossier in patent searches?
A: The Global Dossier provides a single portal to access the file histories of related applications from participating IP Offices, helping users to identify the patent family and related applications globally[1].
Q: How do continuation procedures affect patent allowance rates?
A: Continuation procedures can complicate the calculation of allowance rates but provide additional opportunities for patent protection. They include non-serialized and serialized continuations, which can result in multiple patents from a single progenitor application[4].
Q: What is the Alice test, and how does it impact patent eligibility?
A: The Alice test is a two-step process used to determine patent eligibility under 35 U.S.C. § 101. It assesses whether a claim is directed to an abstract idea and whether it includes an inventive concept that transforms the abstract idea into a patent-eligible invention[2].
Q: Where can I find detailed information on U.S. patents and their claims?
A: Detailed information on U.S. patents, including their claims, can be found through the USPTO Public Search Facility, the Electronic Official Gazette, and the Patent Claims Research Dataset[1][3].
Q: How long does a U.S. patent typically last?
A: A U.S. patent typically lasts for 20 years from the date of filing, although this can be adjusted based on various factors such as extensions or modifications[5].
Sources
- USPTO: Search for patents - USPTO.
- CAFC: SANDERLING MANAGEMENT LTD. v. SNAP INC.
- USPTO: Patent Claims Research Dataset.
- YJOLT: What Is the Probability of Receiving a US Patent?
- Drug Patent Watch: Pharmaceutical drugs covered by patent 8,715,710.
