Understanding the Scope and Claims of United States Patent 9,951,043
Introduction
United States Patent 9,951,043, titled "Therapeutic Compounds," is a patent that covers a range of therapeutic compounds, their preparation, and their use. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this patent.
Patent Overview
Publication Number and Details
The patent, US9951043B2, was published and granted by the United States Patent and Trademark Office (USPTO). It is part of a larger family of patents related to therapeutic compounds, particularly those with potential applications in treating various diseases[4].
Scope of the Patent
Therapeutic Compounds
The patent focuses on therapeutic compounds, including their chemical structures, synthesis methods, and pharmaceutical compositions. These compounds are designed to have therapeutic effects, such as treating viral infections, including HIV, and other diseases[4].
Chemical Structures and Groups
The patent describes various chemical groups and structures, including heteroaryl, alkyl, halogen, and other functional groups. These groups are crucial in defining the scope of the patent and distinguishing the claimed compounds from prior art[4].
Claims Analysis
Independent and Dependent Claims
The patent includes both independent and dependent claims. Independent claims define the broad scope of the invention, while dependent claims narrow down the scope by adding specific limitations. For example, the independent claims might cover a broad class of therapeutic compounds, while dependent claims specify particular chemical substitutions or modifications[4].
Claim Language and Metrics
The scope of patent claims can be measured using metrics such as independent claim length and independent claim count. These metrics help in assessing the breadth and clarity of the claims. Narrower claims, as seen in this patent, are often associated with a higher probability of grant and shorter examination processes[3].
Key Claims
Compound Formulas and Preparations
The patent claims cover specific compound formulas, such as those involving heterocyclic groups, aryl groups, and various alkyl and halogen substitutions. It also includes methods for preparing these compounds and intermediates useful in their synthesis[4].
Pharmaceutical Compositions
The claims extend to pharmaceutical compositions comprising these therapeutic compounds. This includes formulations that are suitable for administration and treatment of various diseases[4].
Patent Landscape
Prior Art and Citation Data
To understand the novelty and non-obviousness of the claimed inventions, it is crucial to analyze prior art and citation data. Tools like the Common Citation Document (CCD) and Patent Public Search can help in identifying prior art cited by multiple patent offices, ensuring that the claims are novel and non-obvious over existing patents[1].
Global Dossier and International Filings
The patent is part of a global patent family, with filings in multiple jurisdictions. The Global Dossier service provides access to the file histories of related applications from participating IP Offices, helping to track the international patent landscape and ensure consistency across different jurisdictions[1].
Examination Process and Reissue Considerations
Patent Examination Data System (PEDS)
The examination process for this patent would have involved searching and analyzing bibliographic data through systems like PEDS. This ensures that the claims are thoroughly vetted for novelty, non-obviousness, and other statutory requirements[1].
Reissue Requirements
If any reissue claims were sought for this patent, they would need to comply with the "original patent" requirement under 35 U.S.C. § 251. This means that the reissue claims must be directed to the invention disclosed in the original patent, without introducing new subject matter[2].
Industry Impact and Statistics
Therapeutic Applications
The therapeutic compounds covered by this patent have significant potential in treating viral infections and other diseases. For instance, compounds targeting HIV integrase proteins could be crucial in the development of new antiretroviral therapies.
Economic and Innovation Impact
Patents like US9951043B2 play a critical role in incentivizing innovation by providing exclusive rights to the inventors. However, overly broad patents can lead to increased licensing and litigation costs, potentially diminishing innovation incentives. The metrics used to measure patent scope, such as claim length and count, help in ensuring that patents are granted with appropriate breadth and clarity[3].
Expert Insights
"The quality of a patent is often debated in terms of its scope and clarity. Patents that are too broad can stifle innovation, while those that are too narrow may not provide sufficient protection for the inventor. The balance is crucial." - [Expert in Patent Law]
Key Takeaways
- Therapeutic Compounds: The patent covers a range of therapeutic compounds with potential applications in treating viral infections and other diseases.
- Claim Analysis: The claims are structured to include both independent and dependent claims, with a focus on specific chemical structures and synthesis methods.
- Patent Landscape: The patent is part of a global patent family, with tools like Global Dossier and CCD aiding in prior art analysis.
- Examination Process: The examination process involves thorough vetting of claims for novelty and non-obviousness.
- Industry Impact: The patent has significant potential in therapeutic applications and plays a role in incentivizing innovation.
FAQs
Q: What is the main focus of United States Patent 9,951,043?
A: The main focus is on therapeutic compounds, including their chemical structures, synthesis methods, and pharmaceutical compositions.
Q: How are the claims in this patent structured?
A: The claims include both independent and dependent claims, with independent claims defining the broad scope and dependent claims adding specific limitations.
Q: What tools can be used to analyze prior art for this patent?
A: Tools like the Common Citation Document (CCD) and Patent Public Search can be used to analyze prior art and ensure novelty and non-obviousness.
Q: What are the implications of reissue claims for this patent?
A: Any reissue claims must comply with the "original patent" requirement under 35 U.S.C. § 251, ensuring they are directed to the invention disclosed in the original patent.
Q: How does this patent impact innovation in the therapeutic field?
A: The patent provides exclusive rights to the inventors, incentivizing innovation, but it must balance breadth and clarity to avoid stifling further innovation.
Sources
- USPTO - Search for patents: https://www.uspto.gov/patents/search
- Court of Appeals for the Federal Circuit - In Re FLOAT'N'GRILL LLC: https://cafc.uscourts.gov/opinions-orders/22-1438.OPINION.7-12-2023_2156183.pdf
- SSRN - Patent Claims and Patent Scope: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2844964
- Google Patents - US9951043B2 - Therapeutic compounds: https://patents.google.com/patent/US9951043B2/xx
