Analyzing the Scope and Claims of United States Patent 8,883,842: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the intellectual property landscape effectively. This article will delve into the details of United States Patent 8,883,842, which pertains to the use of HDAC inhibitors for the treatment of myeloma.
Overview of the Patent
Patent Number and Title
The patent in question is US8883842B2, titled "Use of HDAC inhibitors for the treatment of myeloma."[4]
Inventors and Assignees
While the specific inventors and assignees are not detailed here, this information can typically be found in the patent document itself or through patent search databases like the USPTO's Patent Public Search tool[1].
Claims of the Patent
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broad scope of the invention, while dependent claims narrow down the scope by adding additional limitations.
- Independent Claims: These claims outline the core invention, such as the use of HDAC inhibitors for treating myeloma. For example, Claim 1 might state: "A method of treating myeloma, comprising administering an HDAC inhibitor to a patient in need thereof."
- Dependent Claims: These claims build upon the independent claims by adding specific details or limitations. For instance, a dependent claim might specify the type of HDAC inhibitor, the dosage, or the administration method.
Claim Analysis
To understand the full scope of the patent, it is essential to analyze each claim carefully. Here are some key aspects to consider:
- Claim Language: The language used in the claims is critical. Terms like "comprising," "consisting of," and "including" can significantly impact the scope.
- Claim Dependencies: Understanding how dependent claims relate to independent claims helps in identifying the overall protection offered by the patent.
Scope of the Patent
Patent Scope Measurements
The scope of a patent can be measured using various metrics, such as those provided in the USPTO's Patent Claims Research Dataset. This dataset includes detailed information on claims from US patents and can help in analyzing the breadth and depth of patent protection[3].
Prior Art and Novelty
The patent's scope is also defined by what it does not cover, i.e., the prior art. The prior art keywords listed in the patent document, such as "alkyl," "aryl," "myeloma," and "substituents," indicate the existing knowledge in the field that the patent builds upon or distinguishes itself from[4].
Patent Landscape
Global Dossier and International Patent Offices
To understand the broader patent landscape, it is important to look beyond the USPTO. Tools like the Global Dossier and databases from other international intellectual property offices (such as the European Patent Office, Japan Patent Office, and World Intellectual Property Organization) provide insights into related applications and patents worldwide[1].
Common Citation Document (CCD)
The Common Citation Document (CCD) application consolidates prior art citations from multiple offices, allowing for a comprehensive view of the global patent landscape related to the invention[1].
Search and Analysis Tools
USPTO Patent Public Search
The USPTO's Patent Public Search tool is a powerful resource for searching and analyzing patents. It replaces legacy tools like PubEast and PubWest and offers enhanced access to prior art[1].
Patent and Trademark Resource Centers (PTRCs)
Local PTRCs provide additional resources and training in patent search techniques, which can be invaluable for conducting thorough analyses[1].
Legal Status and Expiration
Active Status and Expiration Date
The legal status of the patent, such as whether it is active or expired, is crucial for determining its current relevance. According to the patent document, the legal status is listed as active, but it is important to verify this through official channels as the status can change[4].
Practical Implications
Commercial Use and Licensing
Understanding the scope and claims of a patent like US8883842B2 is essential for companies considering commercial use or licensing of the technology. It helps in identifying potential infringement risks and opportunities for collaboration.
Research and Development
For researchers, knowing the boundaries of existing patents can guide the development of new inventions and ensure that their work does not infringe on existing patents.
Key Takeaways
- Thorough Claim Analysis: Carefully review both independent and dependent claims to understand the full scope of the patent.
- Global Patent Landscape: Use tools like the Global Dossier and CCD to understand the international context of the patent.
- Search and Analysis Tools: Utilize the USPTO's Patent Public Search and local PTRCs for comprehensive searches.
- Legal Status: Verify the current legal status of the patent to ensure it is active and relevant.
FAQs
Q: How can I search for patents related to US8883842B2?
A: You can use the USPTO's Patent Public Search tool or other international patent databases like the European Patent Office's esp@cenet or the World Intellectual Property Organization's PATENTSCOPE[1].
Q: What is the significance of the Common Citation Document (CCD)?
A: The CCD consolidates prior art citations from multiple offices, providing a single point of access to citation data for related patent applications[1].
Q: How do I determine the scope of a patent?
A: Analyze the independent and dependent claims, and use metrics from datasets like the USPTO's Patent Claims Research Dataset to understand the breadth and depth of the patent protection[3].
Q: Can I use the information from the Global Dossier to track international patent applications?
A: Yes, the Global Dossier provides access to the file histories of related applications from participating IP Offices, allowing you to track international patent applications[1].
Q: Where can I find detailed information on the claims of US patents?
A: The USPTO's Patent Claims Research Dataset provides detailed information on claims from US patents granted between 1976 and 2014 and US patent applications published between 2001 and 2014[3].
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office: 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
- Google Patents - US8883842B2: https://patents.google.com/patent/US8883842B2/en