United States Patent 9,757,406: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 9,757,406, titled "Combination formulation of two antiviral compounds," is a significant patent in the field of pharmaceuticals, particularly in the development of antiviral treatments. This article will delve into the scope and claims of this patent, as well as the broader patent landscape in which it resides.
Patent Overview
Title and Abstract
The patent, issued to inventors associated with a pharmaceutical company, describes a combination formulation of two antiviral compounds. The abstract outlines the composition and method of use for this formulation, highlighting its efficacy in treating viral infections[2].
Scope and Claims
Claim Structure
The patent includes a series of claims that define the scope of the invention. These claims are divided into independent and dependent claims, each specifying different aspects of the combination formulation.
- Independent Claims: These claims define the broadest scope of the invention, including the combination of the two antiviral compounds, their respective concentrations, and the formulation's intended use.
- Dependent Claims: These claims narrow down the scope by specifying additional details such as the type of viral infections treated, the dosage forms, and any additional components in the formulation.
Key Components
- Antiviral Compounds: The patent specifies two particular antiviral compounds and their synergistic effect when combined.
- Formulation: The claims cover various forms of the formulation, including tablets, capsules, and injectable solutions.
- Therapeutic Use: The patent claims the use of this combination for treating specific viral infections.
Patent Landscape Analysis
Geographical Spread
To understand the geographical spread of this technology, one must look at the global patent landscape. The USPTO's Global Dossier service provides insights into related applications filed at participating IP Offices, including the IP5 Offices (US, Europe, Japan, China, and Korea)[1].
Saturation Level
The patent space for antiviral compounds is highly saturated, with numerous patents and pending applications. A comprehensive patent landscape analysis helps identify the level of saturation and potential opportunities or challenges in this space. For instance, if the space is highly saturated, it may be difficult to secure claims for new filings without infringing existing patents[3].
Competitors and New Entrants
Identifying competitors and new entrants in the antiviral compound space is crucial. This involves analyzing the patent portfolios of key players and monitoring new filings. The USPTO's Patent Public Search tool and international databases like the European Patent Office's esp@cenet and the World Intellectual Property Organization's PATENTSCOPE can provide valuable insights[1].
Time-Slicing and Trends
Time-slicing involves analyzing patent activity over time to identify trends and shifts in technology focus. This can reveal whether certain technologies are being abandoned or if new areas are emerging. For example, if there is a significant decrease in patent filings for a particular type of antiviral compound, it may indicate a shift towards more promising technologies[3].
Niche Patent Areas
Identifying underappreciated niche patent areas can provide strategic advantages. For instance, if a company focuses a significant portion of its resources on a niche technology within the antiviral space, it may uncover opportunities that others have overlooked. This is evident in the example where a company's 25 matters related to a niche technology make up 33% of its entire patent portfolio[3].
Tools and Resources for Analysis
USPTO Resources
- Patent Public Search: This tool provides enhanced access to prior art and is essential for conducting thorough patent searches.
- Global Dossier: This service allows users to view the patent family for a specific application, including related applications from participating IP Offices.
- Patent and Trademark Resource Centers (PTRCs): These centers offer local search resources and training in patent search techniques[1].
International Databases
- European Patent Office (EPO): esp@cenet provides access to Europe's patent databases and machine translations of European patents.
- World Intellectual Property Organization (WIPO): PATENTSCOPE offers a full-text search of published international patent applications and machine translations for some documents[1].
Strategic Insights
Patentability vs. Patent Landscape Analysis
While a patentability search focuses on prior art directed to specific claims, a full patent landscape analysis provides a broader view of the entire technology area. This comprehensive approach helps in making long-term decisions about technology development and potential pivots to newer inventive spaces[3].
Counseling and Decision-Making
A detailed patent landscape analysis enables attorneys and IP professionals to provide strategic advice to their clients. For example, if a client is considering investing in a new antiviral drug technology, the analysis will guide them on the potential rewards or perils based on existing patents and market trends[3].
Conclusion
Understanding the scope and claims of United States Patent 9,757,406 requires a thorough analysis of the patent itself as well as the broader patent landscape. This involves using various tools and resources provided by the USPTO and international intellectual property offices. By conducting a comprehensive patent landscape analysis, businesses can make informed decisions about their research, development, and patent prosecution strategies.
Key Takeaways
- Detailed Claims Analysis: Understand the independent and dependent claims to grasp the full scope of the invention.
- Global Patent Landscape: Use tools like Global Dossier and international databases to analyze the geographical spread and saturation of the technology area.
- Competitor Analysis: Identify key competitors and new entrants in the antiviral compound space.
- Time-Slicing and Trends: Analyze patent activity over time to identify shifts in technology focus.
- Niche Opportunities: Look for underappreciated niche patent areas for strategic advantages.
- Strategic Advice: Use patent landscape analysis to guide long-term decisions and provide strategic advice to stakeholders.
FAQs
Q: What is the main focus of United States Patent 9,757,406?
A: The main focus is on a combination formulation of two antiviral compounds and its therapeutic use.
Q: How can one determine the saturation level of the antiviral compound patent space?
A: By conducting a comprehensive patent landscape analysis using tools like the USPTO's Patent Public Search and international databases.
Q: What is the difference between a patentability search and a patent landscape analysis?
A: A patentability search focuses on prior art for specific claims, while a patent landscape analysis provides a broader view of the entire technology area.
Q: How can businesses benefit from a patent landscape analysis?
A: It helps businesses make informed decisions about research, development, and patent prosecution strategies by identifying trends, competitors, and potential opportunities.
Q: Where can one find resources for conducting a thorough patent search?
A: Resources include the USPTO's Patent Public Search, Global Dossier, PTRCs, and international databases like esp@cenet and PATENTSCOPE.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- PubChem - Combination formulation of two antiviral compounds: https://pubchem.ncbi.nlm.nih.gov/patent/US-9757406-B2
- AcclaimIP - Patent Landscape Analysis: https://www.acclaimip.com/patent-landscaping/patent-landscape-analysis-uncovering-strategic-insights/
- U.S. Department of Commerce - U.S. Patent and Trademark Office: https://www.commerce.gov/bureaus-and-offices/uspto
- Unified Patents Portal - US-11192875-B2: https://portal.unifiedpatents.com/patents/patent/US-11192875-B2
