United States Patent 8,927,710: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 8,927,710, issued to the Scripps Research Institute, protects novel compounds and compositions with significant antiviral activities, particularly against the influenza virus. This patent is a crucial piece in the broader landscape of pharmaceutical and biomedical innovation. Here, we delve into the scope, claims, and the surrounding patent landscape to understand its implications and significance.
Patent Overview
Invention Description
The patent describes substituted polycyclic carbamoylpyridone derivatives, which are compounds designed to inhibit the influenza virus. These compounds are part of a broader class of antiviral agents and are characterized by their specific chemical structures and substituents[4].
Publication and Legal Status
The patent was published on December 30, 2014, and is currently active, with an expiration date determined by the patent term. The legal status indicates that it is still in force, although this is subject to change based on various factors such as maintenance payments and potential legal challenges[4].
Scope of the Patent
Patent Scope Metrics
The scope of a patent is often measured by metrics such as independent claim length and independent claim count. These metrics help in understanding the breadth and clarity of the patent claims. For Patent 8,927,710, the scope would be evaluated based on these claims to determine their breadth and how they have evolved during the examination process[3].
Claim Language and Clarity
The patent claims are detailed and specific, outlining the chemical structures and the conditions under which these compounds exhibit antiviral activity. The clarity of these claims is crucial as it affects the patent's validity and the potential for litigation. Narrower claims, as seen in this patent, are generally associated with a higher probability of grant and a shorter examination process[3].
Claims Analysis
Independent Claims
The independent claims in Patent 8,927,710 define the core inventions and are critical in determining the patent's scope. These claims specify the chemical compounds, their structures, and the methods of their use. For example, Claim 1 might describe a specific substituted polycyclic carbamoylpyridone derivative, while subsequent claims might detail variations or methods of use[4].
Dependent Claims
Dependent claims build upon the independent claims and provide additional details or variations. These claims help in broadening the protection while ensuring that the core invention remains clearly defined. In this patent, dependent claims would likely cover different substituents, dosages, or methods of administration.
Patent Landscape
Global Patent Family
To understand the full extent of the patent protection, it is essential to look at the global patent family. This involves using tools like the Global Dossier, which provides access to file histories of related applications from participating IP Offices. For Patent 8,927,710, this would include any corresponding patents or applications filed in other countries, such as Europe, Japan, or China[1].
Prior Art and Citations
The Common Citation Document (CCD) is a valuable resource for understanding the prior art cited by various patent offices. This tool consolidates citation data, enabling a comprehensive view of the prior art landscape for the same invention across different offices. For this patent, analyzing the CCD would reveal how the invention stands in relation to existing knowledge in the field[1].
Competitor Patents
The pharmaceutical industry is highly competitive, and understanding the patent landscape involves identifying similar patents held by competitors. This can be done through databases like those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
International Patent Search
European Patent Office (EPO)
Using the EPO's esp@cenet database, one can search for European patents related to antiviral compounds. This database also provides machine translations for some languages, which can be helpful in understanding the scope of European patents[1].
Japan Patent Office (JPO) and Other Offices
Similar searches can be conducted through the JPO and other international patent offices. These searches help in identifying whether similar compounds or methods have been patented elsewhere, which is crucial for global market strategy and potential collaborations or licensing agreements[1].
Impact on Innovation
Incentives for Innovation
The clarity and breadth of patent claims, as seen in Patent 8,927,710, play a significant role in incentivizing innovation. Narrower, clearer claims reduce the risk of litigation and licensing costs, thereby encouraging further research and development in the field[3].
Licensing and Collaboration
The patent's scope and claims also influence licensing and collaboration opportunities. Clear and specific claims make it easier for other companies to understand what is protected and what is available for licensing or collaboration, fostering a more dynamic innovation ecosystem.
Conclusion
United States Patent 8,927,710 is a significant contribution to the field of antiviral research, particularly in the context of influenza treatment. Understanding its scope, claims, and the broader patent landscape is essential for both the patent holders and other stakeholders in the pharmaceutical industry.
Key Takeaways
- Patent Scope: Measured by independent claim length and count, which affect the patent's breadth and clarity.
- Claims Analysis: Independent and dependent claims define the core invention and its variations.
- Global Patent Family: Understanding the global patent family through tools like the Global Dossier.
- Prior Art and Citations: Analyzing the Common Citation Document to understand the prior art landscape.
- International Patent Search: Searching databases from various international patent offices to identify similar patents.
- Impact on Innovation: Clear and narrower claims incentivize innovation and facilitate licensing and collaboration.
FAQs
Q: What is the main invention protected by United States Patent 8,927,710?
A: The patent protects substituted polycyclic carbamoylpyridone derivatives with antiviral activities, particularly against the influenza virus.
Q: How is the scope of a patent measured?
A: The scope of a patent is often measured by metrics such as independent claim length and independent claim count.
Q: What is the significance of the Global Dossier in patent searching?
A: The Global Dossier provides access to file histories of related applications from participating IP Offices, helping users understand the global patent family.
Q: Why are clear and narrower patent claims important?
A: Clear and narrower claims reduce the risk of litigation and licensing costs, thereby encouraging further research and development.
Q: How can one search for similar patents internationally?
A: One can use databases from international patent offices such as the EPO, JPO, and WIPO to search for similar patents.
Sources
- USPTO: Search for patents - USPTO
- DrugPatentWatch: Drugs covered by patent 8,927,710. Claims, international patent ...
- SSRN: Patent Claims and Patent Scope - Search eLibrary :: SSRN
- Google Patents: US8927710B2 - Substituted polycyclic carbamoylpyridone derivative
- PubChem: Substituted polycyclic carbamoylpyridone derivative - Patent PL ...
