Analyzing the Scope and Claims of United States Patent 9,708,615
Introduction
United States Patent 9,708,615, titled "Therapeutic compositions," is a patent that relates to therapeutic siRNA (small interfering RNA) agents and methods for making and using these agents. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Number and Authority
The patent in question is US9708615B2, issued by the United States Patent and Trademark Office (USPTO)[4].
Inventorship and Assignees
Determining True Inventors
Inventorship is a critical aspect of patent law. According to US patent law, the true and only inventors must be listed on the patent application. This involves identifying those who conceived the idea and reduced it to practice[5].
Claims Analysis
Claim Structure
The patent claims are the heart of any patent, defining the scope of the invention. For US9708615B2, the claims can be broadly categorized into several types:
Independent Claims
These claims stand alone and define the invention without reference to other claims. They typically describe the broadest scope of the invention.
Dependent Claims
These claims refer back to and further limit the independent claims. They often describe specific embodiments or variations of the invention.
Method Claims
These claims describe the methods of making and using the therapeutic siRNA agents.
Composition Claims
These claims describe the therapeutic compositions themselves, including the siRNA agents and any other components.
Scope of the Invention
Therapeutic siRNA Agents
The patent covers therapeutic compositions comprising siRNA agents designed to target specific sequences. These agents are intended for the treatment of various diseases by silencing specific genes.
Target Sequences
The patent specifies the sequences that the siRNA agents are designed to target. This is crucial as it defines the scope of the therapeutic application.
Methods of Use
The methods of using these therapeutic compositions are also claimed, including administration routes and dosages.
Prior Art and Citation Data
Common Citation Document (CCD)
To understand the prior art landscape, tools like the Common Citation Document (CCD) can be used. The CCD consolidates citation data from multiple patent offices, providing a single point of access to prior art cited by all participating offices for the family members of a patent application[1].
Patent Family and Global Dossier
Global Dossier
The Global Dossier service allows users to view the patent family for a specific application, including all related applications filed at participating IP Offices. This can help in understanding the global scope and status of the patent[1].
Legal Status and Enforcement
Validity and Enforceability
The patent's legal status is crucial for its enforcement. Any deceptive intent in naming inventors or errors in inventorship can render the patent unenforceable. Ensuring correct inventorship is vital to maintain the patent's validity[5].
Economic and Research Implications
Patent Claims Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from US patents and applications. This dataset can be used to analyze trends and statistics related to patent scope and claims, offering insights into the economic and research implications of patents like US9708615B2[3].
Public Access and Search Tools
USPTO Public Search Facility and PTRCs
For further research, the USPTO Public Search Facility and Patent and Trademark Resource Centers (PTRCs) offer extensive resources and trained staff to assist in patent searches and analysis[1].
Sequence Listings and Mega Items
Publication Site for Issued and Published Sequences (PSIPS)
For patents involving sequences, such as US9708615B2, the PSIPS website provides access to sequence listings, tables, and other mega items for granted US patents or published US patent applications[1].
Assignment and Ownership
Patent Assignment Search
Changes in ownership or assignments of the patent can be tracked using the Patent Assignment Search website, which is essential for understanding the current status and ownership of the patent[1].
Key Takeaways
- Inventorship: Correct identification of inventors is crucial for the validity and enforceability of the patent.
- Claims Analysis: Understanding the structure and scope of claims is essential for defining the invention.
- Prior Art: Tools like the CCD help in understanding the prior art landscape.
- Global Dossier: This service provides a comprehensive view of the patent family and related applications.
- Legal Status: Ensuring the patent's legal status is vital for its enforcement.
- Public Access: Utilizing USPTO resources and PTRCs can facilitate detailed patent searches and analysis.
FAQs
Q: What is the main subject matter of US Patent 9,708,615?
A: The main subject matter is therapeutic siRNA agents and methods for making and using these agents.
Q: How important is correct inventorship in patent applications?
A: Correct inventorship is crucial as errors or deceptive intent can render the patent unenforceable.
Q: What is the Global Dossier service, and how does it help?
A: The Global Dossier service provides access to the file histories of related applications from participating IP Offices, helping users understand the global scope and status of the patent.
Q: Where can I find detailed information on claims from US patents?
A: The USPTO's Patent Claims Research Dataset provides detailed information on claims from US patents and applications.
Q: How can I track changes in ownership of a patent?
A: The Patent Assignment Search website allows users to search for patent assignments and changes in ownership.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- USA.gov - U.S. Patent and Trademark Office (USPTO): 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
- Google Patents - US9708615B2: https://patents.google.com/patent/US9708615B2/en
- Oregon State University - Determining Inventorship for US Patent Applications: https://agsci.oregonstate.edu/sites/agsci/files/main/research/vrc_release_inventorship-gattari.pdf
