Analyzing the Scope and Claims of United States Patent 9,273,077: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the details of United States Patent 9,273,077, titled "Phosphorus derivatives as kinase inhibitors," and provide a thorough analysis of its claims and the broader patent landscape.
Overview of the Patent
Title and Abstract
United States Patent 9,273,077, issued on March 1, 2016, pertains to phosphorus derivatives that function as kinase inhibitors. The patent describes compounds of a specific general formula, their preparation, and their use in treating various diseases associated with kinase activity[4].
Assignees and Priority Date
The patent is assigned to Takeda Pharmaceutical Co Ltd, with a priority date of May 21, 2008. This indicates that the initial application for this patent was filed in 2008, and the patent was granted nearly eight years later[5].
Claims Analysis
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.
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Independent Claims: These claims outline the core elements of the phosphorus derivatives, including the general formula and the specific groups that can be substituted. For example, Claim 1 might define the general structure of the compound, while Claim 2 might specify a particular substitution that enhances the kinase inhibitory activity[4].
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Dependent Claims: These claims build upon the independent claims by adding specific details or limitations. For instance, a dependent claim might specify a particular type of kinase that the compound inhibits or a specific disease that the compound is used to treat.
Claim Scope and Limitations
The scope of the claims is critical in determining the patent's breadth and the potential for infringement. The claims must be specific enough to define the invention clearly but broad enough to cover variations that are equivalent in function.
- Claim Construction: The process of interpreting the claims to understand their scope is known as claim construction. This is often a point of contention in patent litigation, as the interpretation can significantly affect the patent's enforceability[3].
Patent Landscape
Prior Art and Citations
Understanding the prior art cited in the patent is essential for assessing its novelty and non-obviousness. The Common Citation Document (CCD) application, provided by the USPTO, consolidates citation data from multiple patent offices, helping to visualize the prior art landscape for a particular invention[1].
- Prior Art Keywords: The patent for phosphorus derivatives as kinase inhibitors includes prior art keywords such as "phenyl," "diamine," "dimethylphosphoryl," and "chloro," indicating the areas of prior research that the inventors built upon[4].
Patent Family and Global Dossier
The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including related applications filed at participating IP offices. This tool is invaluable for understanding the global reach and status of the patent[1].
Search and Analysis Tools
USPTO Resources
The USPTO offers several tools for searching and analyzing patents, including the Patent Public Search tool, which replaced legacy search tools like PubEast and PubWest. This tool provides enhanced access to prior art and is crucial for conducting thorough patent searches[1].
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Patent Public Search: This tool offers modern interfaces that improve the patent searching process, allowing users to search and analyze patents more efficiently.
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Global Dossier: This service provides access to the file histories of related applications from participating IP offices, helping users to see the broader patent family and related documentation.
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from U.S. patents granted between 1976 and 2014 and U.S. patent applications published between 2001 and 2014. This dataset can be used to analyze trends in patent claims and scope measurements, which can be relevant for understanding the broader context of the patent in question[3].
Legal and Policy Considerations
Litigation and Enforcement
The scope and claims of a patent are often tested in litigation. The clarity and specificity of the claims can significantly impact the outcome of patent infringement cases. For instance, if the claims are too broad, they may be challenged for being overly vague or covering prior art[2].
Small Claims Patent Court
There have been discussions and studies on the feasibility of a small claims patent court, which could potentially streamline the process for resolving patent disputes involving smaller entities. This could impact how patents like 9,273,077 are enforced and litigated in the future[2].
Practical Applications and Impact
Therapeutic Uses
The phosphorus derivatives described in the patent are designed to inhibit kinases, which are enzymes involved in various cellular processes. These compounds have potential therapeutic applications in treating diseases such as cancer, where kinase activity is often dysregulated[4].
Research and Development
Understanding the claims and scope of this patent is crucial for researchers and pharmaceutical companies working on similar compounds. It helps in avoiding infringement and in identifying areas where new innovations can be made without encroaching on existing patents.
Key Takeaways
- Claims Analysis: The patent includes both independent and dependent claims that define the scope of the phosphorus derivatives.
- Patent Landscape: The patent is part of a broader landscape that includes prior art and related applications filed globally.
- Search and Analysis Tools: Tools like the Patent Public Search and Global Dossier are essential for thorough patent searches.
- Legal and Policy Considerations: The clarity and specificity of claims are critical in litigation and enforcement.
- Practical Applications: The compounds have significant therapeutic potential, particularly in treating diseases associated with kinase activity.
FAQs
What is the main subject of United States Patent 9,273,077?
The main subject of United States Patent 9,273,077 is phosphorus derivatives that function as kinase inhibitors.
Who is the assignee of this patent?
The assignee of this patent is Takeda Pharmaceutical Co Ltd.
What is the priority date of this patent?
The priority date of this patent is May 21, 2008.
How can one search for related patents and prior art?
One can use tools like the USPTO's Patent Public Search and Global Dossier to search for related patents and prior art.
What are the potential therapeutic applications of the compounds described in this patent?
The compounds described in this patent have potential therapeutic applications in treating diseases such as cancer, where kinase activity is often dysregulated.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
- USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US9273077B2: https://patents.google.com/patent/US9273077B2/en
- Unified Patents Portal - US-20130225528-A1: https://portal.unifiedpatents.com/patents/patent/US-20130225528-A1
