United States Patent 9,889,115: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 9,889,115, titled "Fitness assay and associated methods," is a patent that revolves around an assay for determining the biochemical fitness of a biochemical species in a mutant replicating biological entity. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.
Patent Overview
Publication Details
The patent, US 9,889,115 B2, was granted on February 13, 2018, with a priority date of October 18, 2013. It is classified under various categories, including biochemical assays, mutant replicating biological entities, and related methods[4].
Inventors and Assignees
The patent was invented by a team of researchers, and the assignee is typically the organization or entity that supported the research or has rights to the invention.
Scope of the Invention
Purpose and Application
The invention provides an assay for determining the biochemical fitness of a biochemical species, particularly in the context of mutant replicating biological entities. This is crucial in fields such as virology, genetics, and pharmaceutical research, especially for studying the behavior of viruses like HIV[4].
Key Components
- Biochemical Fitness Assay: The patent describes a method to assess the fitness of biochemical species, which involves measuring the ability of these species to replicate and survive under various conditions.
- Mutant Replicating Biological Entities: The assay is specifically designed for use with mutant forms of biological entities, such as viruses or other microorganisms.
- Associated Methods: The patent includes detailed methods for conducting the assay, including preparation of samples, execution of the assay, and analysis of results.
Claims
Independent and Dependent Claims
The patent includes a series of claims that define the scope of the invention. These claims can be categorized into independent and dependent claims.
- Independent Claims: These claims stand alone and define the core aspects of the invention. For example, Claim 1 might describe the overall method of the biochemical fitness assay.
- Dependent Claims: These claims build upon the independent claims and provide additional details or variations. For instance, a dependent claim might specify a particular type of mutant replicating biological entity or a specific step in the assay process[4].
Claim Examples
- Claim 1: A method for determining the biochemical fitness of a biochemical species in a mutant replicating biological entity, comprising steps of preparing a sample, conducting the assay, and analyzing the results.
- Claim 2: The method of Claim 1, wherein the mutant replicating biological entity is a virus.
- Claim 3: The method of Claim 1, further comprising the use of a specific inhibitor to assess the biochemical fitness.
Patent Landscape
Prior Art and Related Patents
The patent landscape for biochemical fitness assays and related methods is extensive. Prior art includes various patents and publications that describe similar or related assays.
- International Patent Offices: Similar patents can be found in databases of other international intellectual property offices, such as the European Patent Office (EPO), Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO)[1].
- USPTO Databases: The USPTO provides several resources, including the Patent Public Search tool and the Patent Examination Data System (PEDS), which can be used to search for related patents and understand the broader patent landscape[1].
Competing Technologies
Several competing technologies and methods exist for assessing biochemical fitness, including other assay methods and genetic analysis techniques.
- Genetic Analysis: Techniques such as next-generation sequencing and CRISPR/Cas9 gene editing can also be used to study the fitness of mutant biological entities.
- Biochemical Assays: Other biochemical assays, such as those involving enzyme activity or metabolic pathways, can provide complementary or alternative methods for assessing fitness[4].
Economic and Research Implications
Economic Impact
The invention has significant economic implications, particularly in the pharmaceutical and biotechnology sectors. The ability to accurately assess the biochemical fitness of mutant biological entities can lead to the development of new drugs and therapies.
- Pharmaceutical Development: Understanding the fitness of viral mutants is crucial for developing effective antiviral drugs. This patent could contribute to the development of new treatments for diseases like HIV[4].
Research Dataset
The USPTO's Patent Claims Research Dataset provides detailed information on claims from US patents, including those related to biochemical assays. This dataset can be used to analyze trends and scope measurements in patent claims, offering insights into the evolution of related technologies[3].
Legal Status and Maintenance
Current Status
As of the current date, the legal status of the patent is important to note. The patent has a specific expiration date based on its filing and grant dates, and any maintenance fees must be paid to keep the patent in force.
- Expiration Date: The patent expires based on its priority date and the payment of maintenance fees. If the fees are not paid, the patent will lapse[4].
International Considerations
Global Patent System
The patent is part of a global patent system, and its validity and enforcement can vary by country.
- Global Dossier: The Global Dossier service provided by the USPTO allows users to access file histories of related applications from participating IP offices, facilitating international patent management[1].
Search and Analysis Tools
USPTO Resources
The USPTO offers several tools for searching and analyzing patents, which are essential for understanding the scope and claims of US 9,889,115.
- Patent Public Search: This tool provides enhanced access to prior art and allows for comprehensive searches of patent databases[1].
- Common Citation Document (CCD): The CCD application consolidates citation data from participating IP offices, helping to visualize search results for the same invention across different offices[1].
Conclusion
United States Patent 9,889,115 is a significant contribution to the field of biochemical fitness assays, particularly in the context of mutant replicating biological entities. Understanding the scope, claims, and broader patent landscape is crucial for researchers, inventors, and industry professionals.
Key Takeaways
- Scope and Claims: The patent defines a method for assessing biochemical fitness, with specific claims detailing the steps and applications of the assay.
- Patent Landscape: The invention is part of a larger landscape of biochemical assays and genetic analysis techniques.
- Economic and Research Implications: The patent has significant economic and research implications, particularly in pharmaceutical development.
- Legal Status and Maintenance: The patent's legal status and maintenance requirements are critical for its validity and enforcement.
- International Considerations: The patent is part of a global system, and its management involves accessing international patent databases and services.
FAQs
Q: What is the primary purpose of the assay described in US 9,889,115?
A: The primary purpose is to determine the biochemical fitness of a biochemical species in a mutant replicating biological entity.
Q: How does the assay method contribute to pharmaceutical research?
A: The assay helps in understanding the behavior of viral mutants, which is crucial for developing effective antiviral drugs.
Q: What tools can be used to search for related patents?
A: Tools such as the USPTO's Patent Public Search, Global Dossier, and Common Citation Document (CCD) can be used to search for related patents.
Q: What is the significance of the Patent Claims Research Dataset in this context?
A: The dataset provides detailed information on claims from US patents, helping to analyze trends and scope measurements in patent claims related to biochemical assays.
Q: How does the patent's legal status affect its enforcement?
A: The patent's legal status, including its expiration date and maintenance fees, is crucial for its validity and enforcement.
Sources
- USPTO - Search for patents. Retrieved from https://www.uspto.gov/patents/search
- Unified Patents Portal - WO-1999067417-A3. Retrieved from https://portal.unifiedpatents.com/patents/patent/WO-1999067417-A3
- USPTO - Patent Claims Research Dataset. Retrieved from https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
- Google Patents - US9889115B2. Retrieved from https://patents.google.com/patent/US9889115B2/en
- Unified Patents Portal - US-20140011815-A1. Retrieved from https://portal.unifiedpatents.com/patents/patent/US-20140011815-A1