Analyzing the Scope and Claims of United States Patent 9,889,138: A Comprehensive Guide
Introduction
Understanding the scope and claims of a patent is crucial for inventors, researchers, and businesses to navigate the complex landscape of intellectual property. This article will delve into the details of United States Patent 9,889,138, focusing on its claims, scope, and the broader patent landscape.
Overview of the Patent
United States Patent 9,889,138, titled "Method for Treating Cancer," is a significant patent in the field of oncology. Here is a brief overview:
- Publication Number: US9889138B2
- Authority: United States
- Prior Art Date: The patent builds upon previous research and inventions related to cancer treatment[4].
Claims of the Patent
The claims of a patent define the scope of the invention and what is protected by the patent. Here are the key aspects of the claims in US9889138B2:
Independent Claims
Independent claims are the broadest claims in a patent and define the core invention. For US9889138B2, these claims typically involve methods for treating cancer, including specific steps and components such as:
- The use of particular compounds or inhibitors to target cancer cells.
- Specific dosages and administration methods.
- The combination of different therapeutic agents to enhance treatment efficacy[4].
Dependent Claims
Dependent claims narrow down the scope of the independent claims by adding additional limitations. These might include:
- Specific types of cancer being treated (e.g., breast cancer, lung cancer).
- Particular patient populations (e.g., patients with a certain genetic marker).
- Detailed descriptions of the chemical structures of the compounds used[4].
Scope of the Patent
The scope of a patent determines what is protected and what is not. Here are some key points regarding the scope of US9889138B2:
Protected Subject Matter
The patent protects specific methods for treating cancer using defined compounds and therapeutic approaches. This includes:
- The use of inhibitors to target immune evasion mechanisms in cancer cells.
- The combination of these inhibitors with other treatments to enhance efficacy[4].
Exclusions and Limitations
The scope also includes what is not protected. For example:
- Methods that do not use the specific compounds or inhibitors described.
- Treatments that target different diseases or conditions.
- Variations in the method that fall outside the described claims[4].
Patent Landscape
Understanding the broader patent landscape is essential to place US9889138B2 in context.
Related Patents
There are numerous patents related to cancer treatment, each with its own unique claims and scope. For instance:
- Patents focusing on different types of cancer treatments, such as immunotherapy or targeted therapies.
- Patents covering various compounds and inhibitors used in cancer treatment[1][4].
Global Dossier and International Patents
The Global Dossier service provided by the USPTO allows users to view the patent family for a specific application, including related applications filed at participating IP Offices. This can help in understanding how US9889138B2 fits into the global patent landscape[1].
Search Tools and Resources
Utilizing tools like the Patent Public Search, European Patent Office's esp@cenet, and the World Intellectual Property Organization's PATENTSCOPE can help in identifying similar patents and understanding the broader landscape[1].
Economic and Research Implications
The Patent Claims Research Dataset provided by the USPTO can offer insights into the economic and research implications of patents like US9889138B2. This dataset includes detailed information on claims from U.S. patents and patent applications, which can be used to analyze trends and scope measurements[3].
Legal and Policy Considerations
The legal and policy environment surrounding patents is complex. For instance, the study on a potential small claims patent court by the Administrative Conference of the United States (ACUS) highlights the need for streamlined processes for resolving patent disputes, which could impact the enforcement and validity of patents like US9889138B2[2].
Practical Applications and Future Directions
Understanding the practical applications of US9889138B2 involves looking at how the patented methods are being used in clinical settings and research. This includes:
- Clinical trials and studies that validate the efficacy of the methods described.
- Future research directions that build upon the patented inventions[4].
Key Takeaways
- Claims and Scope: The patent protects specific methods for treating cancer using defined compounds and therapeutic approaches.
- Patent Landscape: Understanding related patents and international filings is crucial for navigating the broader IP landscape.
- Search Tools: Utilizing resources like the Patent Public Search and Global Dossier can help in identifying similar patents.
- Economic and Research Implications: The Patent Claims Research Dataset provides valuable insights into patent trends and scope measurements.
- Legal and Policy Considerations: The legal environment, including potential small claims patent courts, can impact patent enforcement and validity.
FAQs
What is the main focus of United States Patent 9,889,138?
The main focus of US9889138B2 is on methods for treating cancer using specific compounds and inhibitors to target immune evasion mechanisms in cancer cells.
How do I search for related patents?
You can use tools like the Patent Public Search, European Patent Office's esp@cenet, and the World Intellectual Property Organization's PATENTSCOPE to search for related patents.
What is the Global Dossier service?
The Global Dossier service allows users to view the patent family for a specific application, including related applications filed at participating IP Offices.
What is the significance of the Patent Claims Research Dataset?
The Patent Claims Research Dataset provides detailed information on claims from U.S. patents and patent applications, which can be used to analyze trends and scope measurements.
How might a small claims patent court impact patents like US9889138B2?
A small claims patent court could streamline the process for resolving patent disputes, potentially affecting the enforcement and validity of patents like US9889138B2.
Sources
- USPTO: Search for patents - USPTO
- ACUS: U.S. Patent Small Claims Court
- USPTO: Patent Claims Research Dataset
- Google Patents: US9889138B2 - Method for treating cancer - Google Patents
