Understanding the Scope and Claims of United States Patent 9,279,794
Introduction to Patent 9,279,794
United States Patent 9,279,794, hereafter referred to as the '794 patent, is part of a broader patent family related to the INOmax® product, which is a formulation of nitric oxide used for therapeutic purposes. To analyze the scope and claims of this patent, it is essential to delve into its background, the technology it covers, and the legal context in which it operates.
Background and Technology
The '794 patent is associated with Mallinckrodt plc, a company that has developed and marketed INOmax®, a medical gas product used primarily for the treatment of neonatal hypoxemic respiratory failure. The patent is one of several that protect various aspects of the INOmax® technology, including its composition, method of use, and delivery system.
Patent Claims
Types of Claims
Patent claims are the heart of any patent, defining the scope of the invention and what is protected by the patent. The '794 patent includes various types of claims, such as:
- Independent Claims: These claims stand alone and define the broadest scope of the invention.
- Dependent Claims: These claims build upon the independent claims and narrow down the scope by adding additional limitations.
Claim Structure
The claims in the '794 patent are structured to cover different aspects of the INOmax® technology. Here is a general outline:
- Composition Claims: These claims describe the specific formulation of nitric oxide and any other components.
- Method Claims: These claims outline the methods for administering the nitric oxide, including dosage and treatment protocols.
- Apparatus Claims: These claims cover the delivery systems and devices used to administer the nitric oxide.
Scope of the Patent
Geographic Scope
The '794 patent is a U.S. patent, meaning its protection is limited to the United States. However, similar patents may exist in other countries, providing global protection for the invention.
Temporal Scope
The patent has a specific term, typically 20 years from the earliest filing date of the patent application. After this term, the patent expires, and the invention enters the public domain.
Legal Context and Litigation
Patent Infringement
The '794 patent has been involved in litigation, as seen in the case of Mallinckrodt plc v. Airgas Therapeutics LLC. This case involved allegations of patent infringement related to Airgas Therapeutics' Abbreviated New Drug Application (ANDA) for a generic version of INOmax®. The litigation highlights the importance of patent protection in preventing unauthorized use of patented technologies[5].
International Patent Landscape
Global Patent Family
The '794 patent is part of a larger patent family that includes similar patents filed in other countries. Tools like the Global Dossier provided by the USPTO allow users to see the patent family for a specific application, including all related applications filed at participating IP Offices[1].
Searchable Databases
To understand the global patent landscape, one can use databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO). These databases offer access to international patent applications and machine translations, facilitating a comprehensive search of prior art[1].
Analyzing Patent Claims Using USPTO Resources
Patent Claims Research Dataset
The USPTO provides the Patent Claims Research Dataset, which contains 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 the scope and trends of patent claims, including those related to the '794 patent[3].
Common Citation Document (CCD)
The Common Citation Document (CCD) application consolidates prior art cited by all participating offices for the family members of a patent application. This tool is useful for visualizing the search results for the same invention produced by several offices on a single page[1].
Practical Steps for Searching and Analyzing Patents
Preliminary U.S. Patent Search
Conducting a preliminary U.S. patent search using the Patent Public Search tool or other resources like the Public Search Facility and Patent and Trademark Resource Centers (PTRCs) is crucial. These tools provide enhanced access to prior art and help in identifying existing patents and published patent applications[1].
Using Global Dossier and CCD
Utilize the Global Dossier and CCD to gather comprehensive information about the patent family and prior art citations. These tools streamline the process of analyzing the global patent landscape and understanding the scope of protection[1].
Key Takeaways
- Patent Claims: The '794 patent includes various types of claims that define the scope of the INOmax® technology.
- Legal Context: The patent has been involved in litigation, highlighting its importance in protecting intellectual property.
- Global Landscape: The patent is part of a larger global patent family, and tools like Global Dossier and CCD are essential for analyzing its scope.
- USPTO Resources: The USPTO provides several resources, including the Patent Claims Research Dataset and CCD, which are vital for comprehensive patent analysis.
FAQs
Q: What is the primary purpose of the '794 patent?
A: The '794 patent protects the INOmax® technology, specifically the formulation and method of use of nitric oxide for therapeutic purposes.
Q: How can I search for patents related to the '794 patent?
A: Use the Patent Public Search tool, Global Dossier, and other resources provided by the USPTO to search for related patents and prior art.
Q: What is the significance of the Global Dossier in patent searching?
A: The Global Dossier provides access to the file histories of related applications from participating IP Offices, allowing users to see the patent family and prior art citations on a single platform.
Q: How can I analyze the scope of patent claims using USPTO resources?
A: Utilize the Patent Claims Research Dataset and the Common Citation Document (CCD) application to analyze the scope and trends of patent claims.
Q: What are the implications of patent litigation involving the '794 patent?
A: Patent litigation involving the '794 patent highlights the importance of patent protection in preventing unauthorized use of patented technologies and can have significant legal and financial implications for the parties involved.
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
- Commerce.gov - U.S. Patent and Trademark Office: https://www.commerce.gov/bureaus-and-offices/uspto
- JDSupra - Mallinckrodt plc v. Airgas Therapeutics LLC: https://www.jdsupra.com/legalnews/mallinckrodt-plc-v-airgas-therapeutics-7506004/
