Understanding the Scope and Claims of United States Patent 9,724,297
Introduction
United States Patent 9,724,297 is a patent that has been granted for specific innovations, and to fully comprehend its implications, it is crucial to delve into its scope, claims, and the broader patent landscape.
Patent Overview
Patent 9,724,297 is associated with pharmaceutical products, specifically those developed by Azurity Pharmaceuticals. This patent is listed among several others related to various pharmaceutical products such as Edarbi, Edarbyclor, and Sotylize[2].
Scope of the Patent
The scope of a patent defines the boundaries of what is protected under the patent. For Patent 9,724,297, the scope would typically include the specific claims made in the patent application, which outline the novel and non-obvious aspects of the invention.
Claims Analysis
Independent and Dependent Claims
Patent claims are divided into independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims. For Patent 9,724,297, the independent claims would describe the core invention, such as the composition, method of manufacture, or method of use of the pharmaceutical product. Dependent claims would provide additional details or limitations that further define the invention.
Claim Construction
The construction of claims is critical in determining the patent's scope. Claims must be clear, concise, and definite to avoid ambiguity. In the context of Patent 9,724,297, the claims would need to be carefully drafted to ensure they cover the innovative aspects of the pharmaceutical product without being overly broad or vague.
Patent Eligibility
Subject Matter Eligibility
The patent eligibility of Patent 9,724,297 would be evaluated under the guidelines set by the USPTO, particularly in light of recent updates such as the 2024 USPTO Guidance Update on AI Patent Eligibility. This update emphasizes the integration of judicial exceptions into practical applications and the significance of human contribution in AI-assisted inventions[1].
Recent Case Law and Examples
The USPTO guidance update includes examples that illustrate how claims can meet eligibility criteria. While Patent 9,724,297 is not directly related to AI, the principles of integrating abstract ideas into practical applications and demonstrating concrete technological improvements are relevant. For instance, if the patent involves a novel method of drug delivery or a new formulation, it must show how these innovations provide tangible benefits and improvements in the field of pharmaceuticals.
Patent Landscape
Competitors and Related Patents
The patent landscape for pharmaceuticals is highly competitive, with numerous patents covering various aspects of drug development, formulation, and delivery. Patent 9,724,297 would need to be distinguished from existing patents to ensure its validity and enforceability. This involves analyzing the claims of related patents to identify any potential overlaps or conflicts.
Global Dossier and Public Search Facilities
Tools like the Global Dossier and the USPTO Public Search Facility can be used to research and analyze the patent family for Patent 9,724,297, including related applications filed at participating IP Offices. This helps in understanding the global reach and potential challenges to the patent[4].
Protection Against Patent Trolls
In the pharmaceutical industry, patent trolls can be a significant issue. Laws and regulations aimed at combating patent trolls, such as those supported by Attorney General Josh Stein, are crucial in protecting innovators. These laws allow targets of bad-faith patent-infringement claims to bring counterclaims against patent trolls, ensuring that genuine innovations like those covered by Patent 9,724,297 are protected[5].
Economic and Research Implications
The economic impact of a patent like 9,724,297 can be significant, influencing the development and commercialization of pharmaceutical products. Research datasets, such as the Patent Claims Research Dataset provided by the USPTO, can offer insights into the scope and impact of such patents. These datasets contain detailed information on claims and can help in analyzing trends and measurements of patent scope[3].
Key Takeaways
- Scope and Claims: The patent's scope is defined by its claims, which must be clear and specific to avoid ambiguity.
- Patent Eligibility: The patent must meet subject matter eligibility criteria, integrating abstract ideas into practical applications.
- Patent Landscape: The patent must be distinguished from existing patents to ensure validity and enforceability.
- Protection: Laws against patent trolls are essential in protecting genuine innovations.
- Economic Impact: The patent can have significant economic implications on the development and commercialization of pharmaceutical products.
FAQs
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What is the significance of the 2024 USPTO Guidance Update on AI Patent Eligibility for pharmaceutical patents?
- Although the update is specifically about AI, its principles on integrating abstract ideas into practical applications and demonstrating concrete technological improvements are relevant for evaluating the patent eligibility of pharmaceutical patents.
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How can the Global Dossier help in analyzing Patent 9,724,297?
- The Global Dossier provides access to the file histories of related applications from participating IP Offices, helping to understand the global reach and potential challenges to the patent.
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What are the implications of laws against patent trolls for pharmaceutical innovators?
- These laws protect innovators by allowing them to counter bad-faith patent-infringement claims, ensuring they can focus on creating new products rather than engaging in legal battles.
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How does the Patent Claims Research Dataset assist in analyzing the scope of Patent 9,724,297?
- The dataset provides detailed information on claims, claim-level statistics, and document-level statistics, helping to analyze trends and measurements of patent scope.
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What is the importance of claim construction in Patent 9,724,297?
- Claim construction is critical as it defines the boundaries of what is protected under the patent. Clear and specific claims are essential to avoid ambiguity and ensure the patent's enforceability.
Cited Sources
- Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz.
- PATENTS - Azurity Pharmaceuticals - Azurity.
- Patent Claims Research Dataset - USPTO.
- Search for patents - USPTO - USPTO.
- Attorney General Josh Stein Leads Coalition Fighting Against Patent Trolls - NCDOJ.
