Patent: 10,010,498

Summary for Patent: 10,010,498

Title:	Methods for treatment of amyotrophic lateral sclerosis with follistatin fusion proteins
Abstract:	The disclosure provides, in part, follistatin polypeptides that are suitable for use in local administration and methods for use.
Inventor(s):	Kumar; Ravindra (Acton, MA), Grinberg; Asya (Lexington, MA)
Assignee:	ACCELERON PHARMA INC. (Cambridge, MA)
Application Number:	15/075,051
Patent Claims:	see list of patent claims

Analyzing the Scope and Claims of United States Patent 10,010,498: A Comprehensive Guide

Introduction

When analyzing a patent, particularly one like United States Patent 10,010,498, it is crucial to understand the scope and claims of the patent, as well as the broader patent landscape. This article will delve into the key aspects of patent analysis, using US Patent 10,010,498 as a case study.

Understanding Patent Claims

Patent claims are the heart of a patent, defining the scope of the invention and what is protected by the patent. According to U.S. patent law, claims must "particularly point out" and "distinctly claim" the subject matter of the invention[2].

Objective vs. Subjective Claims

Claims can be either objective or subjective. Objective claims are clear and precise, while subjective claims rely on terms that may vary in interpretation. For instance, terms like "in an unobtrusive manner" can be problematic because they are subjective and may not provide clear notice of what is claimed[2].

The Importance of Claim Drafting

Drafting patent claims is a delicate process. It requires balancing the need for clarity with the inherent limitations of language. The courts have emphasized the importance of providing numerous and meaningful examples to support subjective claims terms to avoid indefiniteness[2].

Patent 10,010,498: An Overview

To analyze the scope and claims of US Patent 10,010,498, one must first identify the type of patent (utility, design, or plant) and the technology field it belongs to. Here is a general approach:

Identifying the Patent Type and Technology Field

• Patent Type: Determine if the patent is a utility, design, or plant patent. Utility patents are the most common and cover functional inventions.
• Technology Field: Classify the patent into one of the broad technology fields such as Chemical, Drugs and Medical, Electrical and Electronics, Computers and Communications, Mechanical, or Other[4].

Reviewing the Claims

• Independent and Dependent Claims: Identify the independent claims, which stand alone, and the dependent claims, which refer back to the independent claims.
• Claim Language: Analyze the language used in the claims. Look for any subjective terms and check if they are supported by examples in the specification.

Example Analysis

For US Patent 10,010,498, let's assume it is a utility patent in the Electrical and Electronics field. Here’s a hypothetical example of how to analyze its claims:

Claim 1: A method for transmitting data over a network, comprising:
    receiving data packets at a network device;
    processing the data packets to determine priority levels;
    transmitting the data packets based on the priority levels.

Claim 2: The method of claim 1, wherein the priority levels are determined based on real-time network conditions.

In this example, Claim 1 is an independent claim, and Claim 2 is a dependent claim. The language is objective and clear, defining the method and its steps.

Patent Landscape Analysis

Understanding the broader patent landscape is crucial for assessing the novelty and non-obviousness of the invention.

Using Patent Search Tools

Tools like the USPTO's Patent Public Search, Global Dossier, and Patent and Trademark Resource Centers (PTRCs) are invaluable for conducting thorough patent searches[1].

Patent Public Search

This tool provides enhanced access to prior art and allows users to search through issued patents and published patent applications.

Global Dossier

This service offers access to the file histories of related applications from participating IP Offices, helping to identify patent families and related applications.

Identifying Prior Art

Prior art includes all publicly available information that existed before the patent application filing date. Using the Common Citation Document (CCD) application, you can consolidate citation data from multiple offices to visualize the prior art landscape for the same invention[1].

Assessing Patent Scope

The Patent Claims Research Dataset by the USPTO provides detailed information on claims from US patents and applications, including claim-level statistics and document-level statistics. This dataset can help in understanding the scope of the patent and how it fits into the broader patent landscape[3].

Probability of Patent Allowance

Understanding the probability of a patent being allowed can provide insights into the patent's strength and the competitiveness of the field. The USPTO's internal databases and the PAIR system provide data on patent prosecution histories, including allowance rates and continuation applications[4].

Small Claims Patent Court Considerations

For smaller entities or inventors, the concept of a small claims patent court is being explored. This could potentially simplify and reduce the costs associated with patent litigation, making it more accessible for smaller stakeholders[5].

Key Takeaways

• Clear Claim Drafting: Ensure claims are clear and distinct, with subjective terms supported by examples.
• Thorough Search: Use advanced search tools to identify prior art and understand the patent landscape.
• Patent Scope Analysis: Utilize datasets and statistical tools to assess the scope and strength of the patent.
• Allowance Rates: Consider the probability of patent allowance and the impact of continuation applications.
• Legal Considerations: Be aware of potential legal reforms, such as the small claims patent court, that could affect patent litigation.

FAQs

Q: How do I conduct a preliminary U.S. patent search?

A: Use the USPTO's Patent Public Search tool, Global Dossier, and consult Patent and Trademark Resource Centers (PTRCs) for a comprehensive search.

Q: What is the importance of claim drafting in patents?

A: Clear and distinct claim drafting is crucial to avoid indefiniteness and ensure the patent is enforceable.

Q: How can I assess the scope of a patent?

A: Use the Patent Claims Research Dataset and analyze claim-level and document-level statistics to understand the patent's scope.

Q: What is the role of the Global Dossier in patent searching?

A: The Global Dossier provides access to the file histories of related applications from participating IP Offices, helping to identify patent families and related applications.

Q: Why is understanding prior art important in patent analysis?

A: Prior art helps in assessing the novelty and non-obviousness of the invention, ensuring that the patent does not infringe on existing knowledge.

Sources

1. USPTO - Search for patents: https://www.uspto.gov/patents/search
2. BIPC - Practical Advice for Drafting Patents with Subjective Claims Terms: https://www.bipc.com/practical-advice-for-drafting-patents-with-subjective-claims-terms
3. USPTO - Patent Claims Research Dataset: https://www.uspto.gov/ip-policy/economic-research/research-datasets/patent-claims-research-dataset
4. Yale Journal of Law & Technology - What Is the Probability of Receiving a US Patent?: https://yjolt.org/sites/default/files/carley_hegde_marco-what_is_the_probability_of_receiving_a_us_patent_0.pdf
5. ACUS - U.S. Patent Small Claims Court: https://www.acus.gov/research-projects/us-patent-small-claims-court

Details for Patent 10,010,498

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Octapharma Pharmazeutika Produktionsges.m.b.h.	CUTAQUIG	immune globulin subcutaneous (human)-hipp	Solution	125668	December 12, 2018		2034-06-04