United States Patent 9,593,098: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 9,593,098, issued on March 14, 2017, is a significant patent that has implications in various fields, particularly in the pharmaceutical and biomedical sectors. This article provides a comprehensive analysis of the patent's scope, claims, and its position within the broader patent landscape.
Patent Overview
Patent Title and Abstract
The patent titled "Methods and Compositions for Treating Ocular Diseases" outlines methods and compositions for the treatment of ocular diseases, specifically focusing on the use of certain compounds for therapeutic purposes. The abstract highlights the invention's focus on treating conditions such as dry eye, conjunctivitis, and other ocular inflammatory diseases using specific eye drop formulations.
Scope of the Patent
Claim Analysis
The scope of the patent is defined by its claims, which are the legally binding descriptions of the invention. For US Patent 9,593,098, the claims include:
- Independent Claims: These claims define the broadest scope of the invention. For example, Claim 1 might describe a method for treating an ocular disease using a specific compound, while subsequent claims may narrow down the scope by specifying particular formulations or administration methods[2].
- Dependent Claims: These claims build upon the independent claims, adding additional limitations that further define the invention. For instance, a dependent claim might specify the concentration of the compound in the eye drop formulation.
Metrics for Measuring Patent Scope
Research has shown that patent scope can be measured using metrics such as independent claim length and independent claim count. Patents with narrower claims at publication tend to have a higher probability of grant and a shorter examination process compared to those with broader claims[3].
Claims and Patent Eligibility
Subject Matter Eligibility
The patentability of claims under US Patent 9,593,098 must comply with the subject matter eligibility criteria. Recent USPTO guidance updates, such as those related to AI inventions, emphasize the importance of integrating judicial exceptions into practical applications. For pharmaceutical patents, this means that claims must go beyond mere abstract ideas or routine data processing steps to provide concrete technological improvements[4].
Practical Applications
The claims in US Patent 9,593,098 must demonstrate practical applications that provide tangible benefits. For example, if a claim specifies the use of a compound in eye drops to treat a specific ocular disease, it must show how this application improves the technology or provides a practical benefit, such as enhanced efficacy or reduced side effects.
Patent Landscape
International Patent Databases
To understand the global reach of this patent, it is essential to search international patent databases. Resources such as the European Patent Office's esp@cenet, the Japan Patent Office's database, and the World Intellectual Property Organization's PATENTSCOPE provide access to patent collections from various countries. This helps in identifying similar patents or patent applications filed in other jurisdictions[1].
Global Dossier
The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This service is crucial for understanding the global patent landscape and identifying potential overlaps or conflicts with other patents[1].
Search and Analysis Tools
Patent Public Search
The USPTO's Patent Public Search tool is a powerful resource for conducting comprehensive patent searches. This tool replaced legacy search tools and provides enhanced access to prior art, which is essential for analyzing the scope and claims of US Patent 9,593,098[1].
Common Citation Document (CCD)
The CCD application consolidates prior art cited by participating IP Offices for the family members of a patent application. This tool helps in visualizing search results from multiple offices on a single page, facilitating a more integrated analysis of the patent landscape[1].
Public Search Facilities and Resource Centers
USPTO Public Search Facility
The USPTO Public Search Facility in Alexandria, VA, and the Patent and Trademark Resource Centers (PTRCs) provide public access to patent and trademark information. Trained staff at these facilities can assist in conducting detailed searches and analyzing patent claims[1].
Expiry and Expiration Dates
FDA Orange Book
For pharmaceutical patents, the FDA Orange Book provides information on patent expiry and expiration dates. This is crucial for understanding the timeline of patent protection and potential generic entry into the market[2].
Key Takeaways
- Patent Scope: The scope of US Patent 9,593,098 is defined by its claims, which must comply with subject matter eligibility criteria and demonstrate practical applications.
- International Landscape: The patent's global reach can be analyzed using international patent databases and the Global Dossier service.
- Search Tools: The USPTO's Patent Public Search and CCD application are essential tools for conducting comprehensive patent searches.
- Expiry Dates: The FDA Orange Book provides critical information on patent expiry and expiration dates.
FAQs
What is the main focus of US Patent 9,593,098?
The main focus of US Patent 9,593,098 is on methods and compositions for treating ocular diseases using specific compounds in eye drop formulations.
How can the scope of a patent be measured?
The scope of a patent can be measured using metrics such as independent claim length and independent claim count. Narrower claims at publication are associated with a higher probability of grant and a shorter examination process[3].
What is the importance of subject matter eligibility in patent claims?
Subject matter eligibility ensures that patent claims integrate judicial exceptions into practical applications, providing concrete technological improvements rather than mere abstract ideas or routine data processing steps[4].
How can one search for similar patents globally?
One can search for similar patents globally using resources such as the European Patent Office's esp@cenet, the Japan Patent Office's database, and the World Intellectual Property Organization's PATENTSCOPE[1].
Where can one find information on patent expiry and expiration dates?
Information on patent expiry and expiration dates can be found in the FDA Orange Book for pharmaceutical patents[2].
What tools are available for conducting comprehensive patent searches?
Tools such as the USPTO's Patent Public Search, the Common Citation Document (CCD) application, and the Global Dossier service are available for conducting comprehensive patent searches[1].
Sources
- USPTO: "Search for patents - USPTO" - https://www.uspto.gov/patents/search
- PharmaCompass: "US Patent 9593098 | US Patents | Expiry | Expiration | Dates" - https://www.pharmacompass.com/us-patent-9593098
- SSRN: "Patent Claims and Patent Scope" - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Mintz: "Understanding the 2024 USPTO Guidance Update on AI Patent" - https://www.mintz.com/insights-center/viewpoints/2231/2024-07-24-understanding-2024-uspto-guidance-update-ai-patent
