Understanding the Scope and Claims of United States Patent 9,139,536
Introduction
United States Patent 9,139,536, titled "Anti-infective agents and uses thereof," is a patent that delves into the realm of pharmaceuticals, specifically focusing on compounds and their applications in treating infections. This analysis will break down the key aspects of this patent, including its scope, claims, and the broader patent landscape.
Patent Overview
The patent, assigned the number US9139536B2, was granted to address the development and use of anti-infective agents. Here is a brief overview of its main components:
Publication Details
- Publication Number: US9139536B2
- Authority: United States
- Prior Art Date: Relevant dates include the filing and priority dates, which are crucial for determining the patent's validity and scope[4].
Claims Analysis
The claims section of a patent is critical as it defines the scope of the invention and what is protected by the patent.
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims.
- Independent Claims: These claims outline the core invention, such as the specific compounds and their uses. For example, Claim 1 might describe a compound with a particular structure and its anti-infective properties[4].
- Dependent Claims: These claims narrow down the invention by adding additional limitations. For instance, a dependent claim might specify a particular method of preparing the compound or a specific use case.
Claim Scope and Limitations
The scope of the claims is defined by the language used and the limitations imposed. For US9139536B2, the claims are directed towards:
- Compounds and Salts: The patent covers specific chemical compounds and their salts that inhibit certain infections, such as HCV (Hepatitis C Virus)[4].
- Intermediates: The claims also include intermediates useful for the preparation of these compounds.
- Uses: The patent specifies the uses of these compounds, including their application as anti-infective agents.
Written Description and Enablement
The written description and enablement requirements are crucial for patent validity.
Written Description
The patent specification must provide a clear and complete written description of the invention. This includes detailed descriptions of the compounds, their structures, and how they are prepared. The written description must also support the claims, ensuring that the invention is fully disclosed[2].
Enablement
The enablement requirement ensures that the patent specification provides sufficient information for a person skilled in the art to make and use the invention. For US9139536B2, this means that the patent must include enough detail about the synthesis and use of the anti-infective compounds so that a skilled chemist or pharmacist could replicate them[2].
Prior Art and Novelty
Prior art refers to existing knowledge and inventions that predate the patent application.
Prior Art Search
A thorough prior art search is essential to ensure the novelty of the invention. For US9139536B2, the prior art search would have involved looking at existing patents, publications, and other sources related to anti-infective compounds and their uses[1].
Novelty and Non-Obviousness
The patent must be novel and non-obvious over the prior art. This means that the invention must be new and not an obvious variation of what already exists. The claims of US9139536B2 must demonstrate a significant advancement or innovation in the field of anti-infective agents[2].
Patent Landscape
The patent landscape includes all relevant patents and publications in the same field.
Related Patents
Other patents related to anti-infective agents and their uses are part of the broader patent landscape. These patents may cover similar compounds, different methods of preparation, or alternative uses. Understanding this landscape is crucial for navigating potential infringement issues and identifying opportunities for further innovation[1].
Competitors and Market Impact
The patent landscape also includes competitors and their patents. For US9139536B2, understanding who else is working on similar anti-infective agents and what their patents cover can help in strategic planning and market positioning.
Legal and Regulatory Considerations
Patents are subject to various legal and regulatory requirements.
Reissue and Reexamination
Patents can be reissued or reexamined under certain conditions. For example, if new prior art is discovered or if there are issues with the original patent claims, the patent may be subject to reexamination. The reissue claims must comply with the "original patent" requirement, meaning they must be directed to the invention disclosed in the original patent[2].
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 related to inventions like those in US9139536B2 are handled. Such a court would aim to provide a more streamlined and cost-effective way to resolve patent disputes[5].
Economic and Research Implications
Patents like US9139536B2 have significant economic and research implications.
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from US patents, including those related to pharmaceuticals. This dataset can be used to analyze trends and patterns in patent claims, which can be beneficial for researchers and policymakers[3].
Economic Impact
Patents in the pharmaceutical sector can have a substantial economic impact. They can drive innovation, protect investments in research and development, and influence market dynamics. The anti-infective agents covered by US9139536B2 could have a significant impact on public health and the pharmaceutical industry's economic landscape.
Key Takeaways
- Scope and Claims: The patent covers specific anti-infective compounds, their preparation, and uses.
- Written Description and Enablement: The patent must provide a clear and complete description and enable a person skilled in the art to make and use the invention.
- Prior Art and Novelty: The invention must be novel and non-obvious over the prior art.
- Patent Landscape: Understanding related patents and competitors is crucial for strategic planning.
- Legal and Regulatory Considerations: Patents are subject to reissue, reexamination, and other legal processes.
- Economic and Research Implications: Patents in the pharmaceutical sector have significant economic and research implications.
FAQs
Q: What is the main focus of United States Patent 9,139,536?
A: The main focus is on anti-infective agents, specifically compounds and their uses in treating infections such as HCV.
Q: What are the key components of the claims in US9139536B2?
A: The claims include independent and dependent claims that define the scope of the invention, covering specific compounds, their preparation, and uses.
Q: Why is the written description requirement important for US9139536B2?
A: The written description ensures that the patent specification provides a clear and complete description of the invention, supporting the claims and enabling a person skilled in the art to make and use the invention.
Q: How does the prior art impact the validity of US9139536B2?
A: The invention must be novel and non-obvious over the prior art to be valid. A thorough prior art search is essential to ensure this.
Q: What is the potential economic impact of US9139536B2?
A: The patent could drive innovation, protect investments in research and development, and influence market dynamics in the pharmaceutical industry, particularly in the area of anti-infective agents.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Court of Appeals for the Federal Circuit - In Re FLOAT'N'GRILL LLC: https://cafc.uscourts.gov/opinions-orders/22-1438.OPINION.7-12-2023_2156183.pdf
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US9139536B2: https://patents.google.com/patent/US9139536B2/en
- Administrative Conference of the United States - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
