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Patent landscape, scope, and claims: |
Understanding the Scope and Claims of United States Patent 9,328,133
Introduction
Patent 9,328,133 is one of several patents involved in a significant patent infringement case in the United States, particularly in the pharmaceutical sector. To delve into the details of this patent, it is crucial to understand its scope, claims, and the broader patent landscape it operates within.
Patent Overview
United States Patent 9,328,133 is owned by Keryx Biopharmaceuticals, Inc. and is part of a series of patents related to Ferric Citrate, a medication used to treat iron deficiency anemia and hyperphosphatemia in patients with chronic kidney disease.
Patent Claims
The patent claims are a critical component of any patent, as they define the scope of the invention and what is protected under the patent. Here are some key points about the claims of Patent 9,328,133:
Claim Structure
- The patent includes multiple claims, each detailing specific aspects of the invention. These claims can be independent or dependent, with dependent claims building upon the independent claims[3].
- Independent claims are typically broader and define the core invention, while dependent claims are narrower and specify additional features or limitations.
Claim Scope
- The scope of the claims in Patent 9,328,133 would include the composition, method of manufacture, and use of Ferric Citrate. For instance, claims might cover the specific formulation of Ferric Citrate, the process of its synthesis, and its application in treating certain medical conditions[5].
Patent Scope Metrics
To measure the scope of a patent like 9,328,133, researchers often use metrics such as independent claim length and independent claim count. These metrics can provide insights into the breadth and complexity of the patent:
Independent Claim Length
- Longer independent claims often indicate a more detailed and specific invention, which can be narrower in scope. Conversely, shorter claims might be broader but less specific[3].
Independent Claim Count
- A higher number of independent claims can suggest a broader patent scope, as it covers more aspects of the invention. However, this can also lead to increased complexity and potential litigation issues[3].
Patent Landscape
The patent landscape surrounding 9,328,133 is complex and involves multiple stakeholders, particularly in the pharmaceutical industry.
Litigation Context
- The patent is part of a lawsuit involving Keryx Biopharmaceuticals, Inc. and Teva Pharmaceuticals USA, Inc. Teva's submission of an Abbreviated New Drug Application (ANDA) for a generic version of Ferric Citrate tablets was seen as an infringement of Keryx's patents, including 9,328,133[2][5].
Industry Impact
- Patents like 9,328,133 play a crucial role in protecting intellectual property in the pharmaceutical industry. They allow companies to recoup their investment in research and development and prevent generic competitors from entering the market before the patent expires.
Global Dossier and Public Search Facilities
For researchers and legal professionals, accessing detailed information about patents like 9,328,133 is facilitated by services such as the Global Dossier and the USPTO Public Search Facility:
Global Dossier
- This service provides access to the file histories of related applications from participating IP Offices, including the IP5 Offices. Users can view the patent family, dossier, classification, and citation data for these applications, which is particularly useful for understanding the global patent landscape[1].
Public Search Facility
- The USPTO Public Search Facility in Alexandria, VA, offers public access to patent and trademark information in various formats. Trained staff are available to assist users in navigating these resources[1].
Economic and Innovation Impact
Patents like 9,328,133 have significant economic and innovation implications:
Revenue Protection
- For companies like Keryx, these patents protect billions of dollars in revenue. For example, Teva's generic medicines pipeline and revenue figures highlight the economic stakes involved in patent infringement cases[2].
Innovation Incentives
- Patents incentivize innovation by providing a period of exclusivity during which the patent holder can recoup their investment. However, overly broad patents can stifle innovation by increasing licensing and litigation costs[3].
Geographical and Sectoral Analysis
The data on patents, including those like 9,328,133, can be analyzed geographically and by sector:
County-Level Data
- The USPTO provides county-level data on patents, which can be analyzed based on the location of the inventor or the patent owner. This data helps in understanding regional innovation patterns and economic impacts[4].
Sectoral Analysis
- Patents can be categorized by economic sector, which helps in understanding the distribution of innovation across different industries. For pharmaceutical patents, this analysis can reveal trends in drug development and intellectual property strategies[4].
Key Takeaways
- Patent Claims and Scope: The claims of Patent 9,328,133 define the specific aspects of Ferric Citrate protected under the patent, including its composition, manufacture, and use.
- Litigation Context: The patent is involved in a significant infringement case against Teva Pharmaceuticals, highlighting the importance of patent protection in the pharmaceutical industry.
- Global Dossier and Public Search Facilities: These services are essential for accessing and analyzing patent information globally.
- Economic and Innovation Impact: Patents protect revenue and incentivize innovation but can also increase costs if overly broad.
- Geographical and Sectoral Analysis: Analyzing patents by location and sector provides insights into regional innovation and industry trends.
FAQs
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What is the main subject of United States Patent 9,328,133?
- The main subject of Patent 9,328,133 is Ferric Citrate, a medication used to treat iron deficiency anemia and hyperphosphatemia in patients with chronic kidney disease.
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Why is Patent 9,328,133 involved in litigation?
- Patent 9,328,133 is involved in a lawsuit because Teva Pharmaceuticals USA, Inc. submitted an Abbreviated New Drug Application (ANDA) for a generic version of Ferric Citrate tablets, which Keryx Biopharmaceuticals, Inc. claims infringes on their patents.
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How do metrics like independent claim length and count affect patent scope?
- Independent claim length and count are metrics used to measure patent scope. Longer independent claims and a higher number of independent claims can indicate a broader but more complex patent scope.
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What is the Global Dossier, and how is it useful?
- The Global Dossier is a service that provides access to the file histories of related patent applications from participating IP Offices. It is useful for viewing patent families, dossiers, classification, and citation data.
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How do patents impact innovation and revenue in the pharmaceutical industry?
- Patents protect intellectual property, allowing companies to recoup their investment in research and development. However, overly broad patents can increase licensing and litigation costs, potentially stifling innovation.
Sources
- USPTO - Search for patents
- IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT ...
- Patent Claims and Patent Scope - Search eLibrary :: SSRN
- Invention, Knowledge Transfer, and Innovation
- IN THE UNITED STATES DISTRICT COURT FOR THE ...
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