Analyzing the Scope and Claims of United States Patent 9,233,097
Introduction
United States Patent 9,233,097, titled "ST-246 liquid formulations," is a patent that introduces a novel liquid formulation for solubilizing poorly soluble ST-246, a compound often used in medical treatments. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Number and Status
- The patent number is US9233097B2, and it is currently active[3].
Claims Analysis
Independent and Dependent Claims
The patent includes several claims, both independent and dependent, which define the scope of the invention.
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Independent Claims: These claims stand alone and define the core aspects of the invention. For example, Claim 1 might describe the novel liquid formulation comprising ST-246 and cyclodextrins, while Claim 2 could describe a method of making this formulation[3].
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Dependent Claims: These claims build upon the independent claims and provide additional details or variations. For instance, a dependent claim might specify the concentration of ST-246 in the formulation or the type of cyclodextrin used[3].
Claim Scope and Concepts
To understand the full scope of the patent, it is crucial to analyze the claims in the context of scope concepts. This involves categorizing the claims by their overarching concepts, such as the use of cyclodextrins, the solubilization method, and the application of the formulation (e.g., oral or infusion)[4].
Scope of the Invention
Technical Details
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ST-246 Solubilization: The patent focuses on improving the solubility of ST-246, a compound that is otherwise poorly soluble. The use of cyclodextrins is a key innovation, as these molecules can form inclusion complexes that enhance the solubility of ST-246[3].
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Formulation Types: The patent describes various formulations, including oral and infusion forms, each with specific compositions and methods of preparation. This diversity in formulation types expands the potential applications of the invention[3].
Classification and Categories
The patent is classified under several categories, including:
- A61K31/403: Heterocyclic compounds having nitrogen as a ring hetero atom.
- A61K47/6949: Medicinal preparations characterized by non-active ingredients, such as carriers or inert additives.
- A61P17/00: Drugs for dermatological disorders[3].
These classifications help in understanding the broader technological and medical contexts in which the patent operates.
Patent Landscape
Global Dossier and International Search
To assess the global patent landscape, tools like the Global Dossier and international patent databases are essential. These resources allow users to see the patent family for a specific application, including related applications filed at participating IP Offices, and access dossier, classification, and citation data[1].
Prior Art and Citation Data
The Common Citation Document (CCD) application is useful for consolidating prior art cited by all participating offices for the family members of a patent application. This helps in identifying any overlapping or similar inventions that have been patented elsewhere[1].
Competitor Analysis
Analyzing the patent landscape involves identifying competitors who may hold similar or related patents. Tools like Patent Analytics can help in tracking patents by claims and scope concepts, making it easier to determine gaps or opportunities in the market[4].
Economic and Legal Implications
Patent Litigation
The patent's validity and enforceability can be affected by factors such as patent litigation trends. Studies by the GAO have highlighted the importance of linking patent litigation data with internal patent examination processes to improve patent quality and reduce litigation risks[5].
Market Value
The value of the patent claims can be assessed using tools like ClaimScape®, which categorizes claims by their scope concepts and helps in determining their current and future value to the company. This can guide strategic decisions on maintaining or expanding the patent portfolio[4].
Key Takeaways
- Claims Analysis: Understanding the independent and dependent claims is crucial for defining the scope of the invention.
- Scope Concepts: Categorizing claims by overarching scope concepts helps in analyzing the patent landscape efficiently.
- Global Context: Using tools like Global Dossier and CCD to assess the international patent landscape is essential.
- Economic and Legal Implications: Analyzing patent litigation trends and the market value of claims can inform strategic decisions.
FAQs
Q: What is the main innovation of United States Patent 9,233,097?
A: The main innovation is the use of cyclodextrins to improve the solubility of ST-246.
Q: How can the scope of the patent be analyzed?
A: The scope can be analyzed by categorizing the claims by their overarching scope concepts and understanding the technical details of the formulation.
Q: What tools are available for assessing the global patent landscape?
A: Tools like the Global Dossier, CCD, and international patent databases are available.
Q: How can the economic value of the patent claims be determined?
A: Tools like ClaimScape® can help in categorizing claims by their scope concepts and determining their current and future value.
Q: What is the significance of linking patent litigation data with internal patent examination processes?
A: This linkage can help in improving patent quality and reducing litigation risks.
Sources
- USPTO - Search for patents.
- USPTO - Patent Claims Research Dataset.
- Google Patents - US9233097B2.
- SLWIP - Patent Analytics.
- GAO - Assessing Factors That Affect Patent Infringement Litigation.
