Analyzing the Scope and Claims of United States Patent 9,850,230: A Comprehensive Guide
Introduction
United States Patent 9,850,230, titled "Compounds and compositions as protein kinase inhibitors," is a significant patent in the field of pharmaceuticals, particularly in the area of protein kinase inhibitors. This article will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Overview of the Patent
Invention Description
The patent describes a novel class of compounds and pharmaceutical compositions that act as protein kinase inhibitors. These compounds are designed to treat various diseases by inhibiting specific protein kinases, which are enzymes that play crucial roles in cellular signaling pathways[4][5].
Scope of the Patent
Claims
The patent includes multiple claims that define the scope of the invention. Here are some key aspects:
- Compound Claims: The patent claims specific chemical compounds, including their structural formulas and variations. These compounds are characterized by their ability to inhibit protein kinases[4].
- Composition Claims: The patent also claims pharmaceutical compositions that include these compounds, along with other ingredients such as carriers and excipients[4].
- Method Claims: The patent includes claims for methods of using these compounds to treat or prevent diseases associated with protein kinase activity[4].
Scope Concepts
To understand the scope of the patent, it is essential to categorize the claims by overarching scope concepts. This involves analyzing the claims not just individually but also by the broader technological concepts they cover. For example, the scope concepts might include the type of protein kinase targeted, the specific diseases treated, and the structural features of the compounds[3].
Claim Analysis
Claim Coverage Matrix
A Claim Coverage Matrix can be used to visualize which patents and claims are actively protecting the intellectual property related to this invention. This matrix helps in identifying gaps or opportunities in the current claim coverage. For instance, it can show whether the claims cover all the intended technologies and if there are any areas where additional claims might be needed[3].
Claim Charts
Interactive claim charts generated by tools like ClaimScape® can be used to review the patent coverage with engineers, scientists, and management. These charts help in determining whether a particular scope concept is applicable to a target product or method, and they can highlight future design opportunities and gaps in current coverage[3].
Patent Landscape
Prior Art
The patent landscape includes an analysis of prior art, which involves examining existing patents and publications related to protein kinase inhibitors. The Common Citation Document (CCD) application can be useful here, as it consolidates prior art cited by multiple patent offices for the family members of a patent application[1].
Competitor Patents
Understanding the patents held by competitors is crucial. This can be done by searching databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO). These databases offer access to international patent applications and machine translations, which can help in identifying similar inventions and potential competitors[1].
Global Patent Family
Using tools like the Global Dossier, users can see the patent family for a specific application, including all related applications filed at participating IP Offices. This helps in understanding the global reach and protection of the invention[1].
Practical Applications and Implications
Therapeutic Uses
The compounds and compositions described in the patent have potential therapeutic uses in treating diseases associated with protein kinase activity. This includes various cancers, inflammatory diseases, and other conditions where protein kinases play a critical role[4][5].
Commercial Impact
The commercial impact of this patent can be significant, especially if the compounds and compositions prove effective in clinical trials. Companies holding this patent can leverage it to protect their intellectual property and maintain a competitive edge in the pharmaceutical market.
Legal and Regulatory Considerations
Patent Enforcement
To enforce the patent, the holder must ensure that all claims are valid and enforceable. This involves monitoring for potential infringements and taking legal action when necessary. The concept of a small claims patent court, as studied by the Administrative Conference of the United States (ACUS), could potentially simplify the process of resolving patent disputes involving smaller entities[2].
Patent Maintenance
Maintaining the patent involves paying maintenance fees and ensuring that the claims remain relevant and protective of the company's intellectual property. Regularly updating claim charts and conducting patent analytics can help in identifying whether the current claims are sufficient or if additional claims are needed[3].
Key Takeaways
- Detailed Claims Analysis: Understanding the claims of the patent is crucial for determining the scope of protection.
- Patent Landscape: Analyzing the broader patent landscape helps in identifying competitors, prior art, and global protection.
- Practical Applications: The compounds and compositions have significant therapeutic potential.
- Legal Considerations: Ensuring the validity and enforceability of the patent is essential for maintaining intellectual property rights.
FAQs
What is the main subject of United States Patent 9,850,230?
The main subject of United States Patent 9,850,230 is a novel class of compounds and pharmaceutical compositions that act as protein kinase inhibitors.
How can the scope of the patent be analyzed?
The scope of the patent can be analyzed using tools like a Claim Coverage Matrix and interactive claim charts to understand which claims are actively protecting the intellectual property.
What databases can be used to search for prior art related to this patent?
Databases such as the USPTO's Patent Public Search, European Patent Office's esp@cenet, Japan Patent Office's database, and the World Intellectual Property Organization's PATENTSCOPE can be used to search for prior art.
What is the significance of the Global Dossier in patent searching?
The Global Dossier provides access to the file histories of related applications from participating IP Offices, allowing users to see the patent family for a specific application and understand the global reach and protection of the invention.
How can companies maintain and enforce this patent?
Companies can maintain the patent by paying maintenance fees and ensuring the claims remain relevant. Enforcement involves monitoring for potential infringements and taking legal action when necessary.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court
- SLWIP - Patent Analytics: https://www.slwip.com/services/patent-analytics/
- Google Patents - US9850230B2: https://patents.google.com/patent/US9850230B2/en
- PubChem - Compounds and compositions as protein kinase inhibitors: https://pubchem.ncbi.nlm.nih.gov/patent/US-9850230-B2
