Analyzing the Scope and Claims of United States Patent 9,321,807
Introduction
United States Patent 9,321,807, titled "Crystal forms," is a patent that describes specific crystalline forms of a compound, here referred to as Compound I. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
The patent, issued on May 3, 2016, pertains to crystalline forms of Compound I, which are characterized by their powder X-ray diffraction (PXRD) patterns and purity levels[4].
Scope of the Patent
The scope of the patent is narrowly focused on the crystalline forms of Compound I. Here are the key aspects:
Crystalline Forms
The patent describes multiple crystalline forms of Compound I, each identified by specific peaks in the PXRD pattern. These peaks are critical for distinguishing between different crystalline forms and ensuring the purity of the compound. For example, one crystalline form has characteristic peaks at values of two theta (° 2 θ) such as 8.4, 8.9, 11.1, 12.2, 14.5, and others[4].
Purity Levels
The patent specifies that the crystalline forms can be at least 90% pure, preferably at least 95% pure, or more preferably at least 97% pure. This emphasis on purity indicates the importance of maintaining high standards in the production of these crystalline forms[4].
Claims of the Patent
The claims are the heart of any patent, defining the scope of protection granted to the inventor.
Independent Claims
The independent claims typically define the broadest scope of the invention. For example, Claim 1 might describe a crystalline form of Compound I having specific PXRD peaks and a certain level of purity[4].
Dependent Claims
Dependent claims narrow down the scope further by adding additional limitations. These could include specific methods of preparation, additional characteristics of the crystalline form, or specific applications of the compound.
Claim Analysis
To understand the patent landscape, it is crucial to analyze the claims in detail.
Claim Coverage Matrix
A Claim Coverage Matrix, as described in patent analytics, can help in categorizing the patents and claims by scope concepts. This matrix would show which claims actively protect the intellectual property related to Compound I and where gaps or opportunities exist[3].
Scope Concepts
The scope concepts linked to the claims of this patent would include the specific PXRD peaks, purity levels, and any other distinguishing characteristics of the crystalline forms. These concepts help in filtering and searching large numbers of patent claims efficiently[3].
Patent Landscape
Understanding the broader patent landscape is essential for navigating the intellectual property environment.
Related Patents
The Global Dossier service provided by the USPTO allows users to see the patent family for a specific application, including all related applications filed at participating IP Offices. This can help in identifying other patents related to crystalline forms of similar compounds[1].
Prior Art
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 Applications and Implications
The crystalline forms described in this patent have practical implications in various fields.
Pharmaceutical Industry
High-purity crystalline forms are crucial in the pharmaceutical industry for ensuring the efficacy and safety of drugs. The specific PXRD patterns and purity levels described in this patent could be critical for the development and manufacturing of pharmaceutical products[4].
Research and Development
For researchers and developers, understanding the exact crystalline forms and their properties is essential for advancing knowledge in the field. This patent provides detailed information that can be used to replicate and further study these crystalline forms.
Legal and Regulatory Considerations
Correctly determining inventorship and ensuring that all inventors are listed is a critical legal aspect of patent applications.
Inventorship
US patent law requires that only the true and only inventors be listed on the patent application. Incorrect or incomplete identification of inventors can lead to challenges to the patent's enforceability[5].
Enforcement
A thorough job of invention disclosure, as mentioned in the context of inventorship, is vital to ensure that the patent remains enforceable against any future challenges.
Key Takeaways
- Crystalline Forms: The patent describes multiple crystalline forms of Compound I, each characterized by specific PXRD peaks and purity levels.
- Claims Analysis: The claims define the scope of protection, with independent claims providing the broadest scope and dependent claims adding additional limitations.
- Patent Landscape: Understanding related patents and prior art through tools like Global Dossier and CCD is crucial for navigating the intellectual property environment.
- Practical Applications: The patent has significant implications for the pharmaceutical industry and research and development.
- Legal Considerations: Correct inventorship and thorough invention disclosure are essential for maintaining the enforceability of the patent.
FAQs
Q: What is the main subject matter of United States Patent 9,321,807?
A: The main subject matter is the crystalline forms of Compound I, characterized by specific PXRD peaks and purity levels.
Q: How can one identify the different crystalline forms described in the patent?
A: The different crystalline forms are identified by their characteristic peaks in the PXRD pattern and their purity levels.
Q: What is the significance of the purity levels mentioned in the patent?
A: The purity levels (at least 90%, preferably at least 95%, or more preferably at least 97%) are crucial for ensuring the quality and efficacy of the crystalline forms.
Q: How can tools like Global Dossier and CCD help in understanding the patent landscape?
A: These tools provide access to related patent applications and prior art, helping users to visualize the global patent landscape for the same invention.
Q: Why is correct inventorship important in patent applications?
A: Correct inventorship is essential to ensure that the patent remains enforceable against any future challenges, as incorrect or incomplete identification can lead to legal issues.
Sources
- USPTO - Search for patents - USPTO
- USA.gov - U.S. Patent and Trademark Office (USPTO) | USAGov
- SLWIP - Patent Analytics | Intellectual Property Law
- Google Patents - US9321807B2 - Crystal forms - Google Patents
- Oregon State University - Determining Inventorship for US Patent Applications[5]
