Understanding the Scope and Claims of United States Patent 9,439,901
Introduction
United States Patent 9,439,901, titled "Dioxa-bicyclo[3.2.1]octane-2,3,4-triol derivatives," is a patent that covers a specific class of chemical compounds. To delve into the scope and claims of this patent, it is essential to analyze its various components, including the patent claims, the description of the invention, and the broader patent landscape.
Patent Claims
Independent and Dependent Claims
The patent claims are the heart of any patent, defining the scope of the invention. For US Patent 9,439,901, the claims can be categorized into independent and dependent claims.
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Independent Claims: These claims stand alone and define the invention without reference to other claims. In this patent, the independent claims typically describe the dioxa-bicyclo[3.2.1]octane-2,3,4-triol derivatives in terms of their chemical structure and composition[4].
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Dependent Claims: These claims refer back to and further limit the independent claims. They often describe specific embodiments or variations of the invention, such as different substituents or methods of preparation.
Claim Language and Scope
The language used in the claims is crucial for determining the patent's scope. For example, the claims in US Patent 9,439,901 include descriptions of the chemical compounds, their synthesis, and potential uses. The scope of these claims can be measured using metrics such as independent claim length and independent claim count, which can indicate the breadth and complexity of the patent[3].
Description of the Invention
Chemical Structure and Synthesis
The patent describes the dioxa-bicyclo[3.2.1]octane-2,3,4-triol derivatives in detail, including their chemical structure and methods of synthesis. This section provides a comprehensive overview of how the compounds are prepared and their physical and chemical properties[4].
Pharmaceutical Applications
The patent also discusses the potential pharmaceutical applications of these compounds. For instance, the compounds are mentioned in the context of treating diseases such as type 2 diabetes mellitus, and they are described in relation to pharmaceutical compositions and excipients[4].
Prior Art and Citation Data
Common Citation Document (CCD)
To understand the prior art landscape, tools like the Common Citation Document (CCD) can be useful. The CCD consolidates citation data from participating IP offices, providing a single point of access to prior art cited for the patent family. This helps in visualizing the search results from multiple offices on a single page, which can be crucial for assessing the novelty and non-obviousness of the invention[1].
Global Dossier
The Global Dossier service provides access to the file histories of related applications from participating IP offices. This can help in identifying the patent family for a specific application and understanding the global context of the invention[1].
Inventorship and Ownership
Determining Inventorship
Correctly determining the inventors of a patent is critical, as errors can lead to unenforceable patents. The conception of the idea and the reduction to practice are key steps in determining inventorship. For US Patent 9,439,901, it is essential to ensure that the listed inventors are the true and only inventors who conceived the idea and reduced it to practice[2].
Patent Assignment
The ownership of the patent can change over time through assignments. The Patent Assignment Search tool can be used to track changes in ownership and ensure that the current owner is correctly identified[1].
Patent Landscape and Competition
Search Tools and Resources
To navigate the patent landscape, various search tools and resources are available. The USPTO's Patent Public Search tool, the Public Search Facility, and Patent and Trademark Resource Centers (PTRCs) provide comprehensive access to patent and trademark information. These resources can help in identifying similar patents, understanding the competitive landscape, and ensuring that the invention is novel and non-obvious[1].
Electronic Official Gazette
The Electronic Official Gazette allows users to browse issued patents for the current week, categorized by classification or type of patent. This can help in staying updated with recent patent grants and understanding the evolving landscape in the field[1].
Legal and Policy Considerations
Small Claims Patent Court
The concept of a small claims patent court has been explored to address issues related to patent litigation costs and accessibility. Studies by the Administrative Conference of the United States (ACUS) have considered the feasibility and structure of such a court, which could impact how patent disputes related to inventions like those in US Patent 9,439,901 are handled[5].
Key Takeaways
- Patent Claims: The claims define the scope of the invention, with independent claims standing alone and dependent claims further limiting them.
- Description of the Invention: The patent details the chemical structure, synthesis, and potential pharmaceutical applications of the dioxa-bicyclo[3.2.1]octane-2,3,4-triol derivatives.
- Prior Art and Citation Data: Tools like the CCD and Global Dossier help in understanding the prior art landscape and global context of the invention.
- Inventorship and Ownership: Correct determination of inventors and tracking changes in ownership are crucial for maintaining a valid and enforceable patent.
- Patent Landscape and Competition: Utilizing search tools and resources helps in navigating the competitive landscape and ensuring the novelty and non-obviousness of the invention.
FAQs
Q: What is the significance of independent and dependent claims in a patent?
A: Independent claims define the invention without reference to other claims, while dependent claims further limit the independent claims, often describing specific embodiments or variations.
Q: How can the scope of a patent be measured?
A: The scope of a patent can be measured using metrics such as independent claim length and independent claim count, which indicate the breadth and complexity of the patent.
Q: What is the importance of determining correct inventorship in a patent?
A: Correct determination of inventors is crucial because errors can lead to unenforceable patents, especially if there is deceptive intent in naming inventors.
Q: What tools are available for searching prior art and understanding the global context of a patent?
A: Tools such as the Common Citation Document (CCD) and the Global Dossier service provide access to prior art and global context of the patent.
Q: Why is it important to stay updated with recent patent grants in the field?
A: Staying updated helps in understanding the evolving landscape, ensuring the novelty and non-obviousness of the invention, and navigating the competitive environment effectively.
Sources
- USPTO: "Search for patents - USPTO"
- Oregon State University: "Determining Inventorship for US Patent Applications"
- SSRN: "Patent Claims and Patent Scope"
- Google Patents: "US9439901B2 - Dioxa-bicyclo[3.2.1]octane-2,3,4-triol derivatives"
- ACUS: "U.S. Patent Small Claims Court"
