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United States Patent 10,023,621: A Detailed Analysis of Scope, Claims, and Patent Landscape

Introduction

The United States Patent 10,023,621, assigned to Acceleron Pharma Inc., is a significant patent in the field of biotechnology, particularly focusing on methods and compositions for treating disorders using follistatin polypeptides. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention.

Background of the Patent

Inventors and Assignee

The patent was invented by Ravindra Kumar and Asya Grinberg, and it is assigned to Acceleron Pharma Inc., a biopharmaceutical company based in Cambridge, MA[1].

Patent Date and Number

The patent was granted on July 17, 2018, and bears the number 10,023,621 B2[1].

Scope of the Patent

Subject Matter

The patent pertains to methods and compositions for treating various disorders, notably Duchenne muscular dystrophy (DMD), using follistatin polypeptides. Follistatin is a protein that inhibits the activity of myostatin, a negative regulator of muscle growth, making it a promising therapeutic agent for muscle-related diseases[1].

Claims

The patent includes multiple claims that define the scope of the invention. These claims cover:

Specific follistatin polypeptides and their variants.
Methods of treating DMD and other muscle-related disorders using these polypeptides.
Pharmaceutical compositions containing these polypeptides.
Dosage regimens and administration methods for the treatment[1].

Independent and Dependent Claims

Independent Claims

Independent claims are standalone claims that define the invention without reference to other claims. In this patent, independent claims typically describe the follistatin polypeptides, their use in treating DMD, and the pharmaceutical compositions containing these polypeptides[1].

Dependent Claims

Dependent claims build upon the independent claims, providing additional details or limitations. For example, dependent claims might specify particular dosages, administration routes, or patient populations[1].

Patent Claims Analysis

Claim Length and Count

Research suggests that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims with fewer dependencies often indicate a more focused and potentially stronger patent. In the case of US 10,023,621, the claims are structured to balance breadth with specificity, ensuring robust protection for the invention while avoiding overly broad claims that might be challenged[3].

Patent Landscape

Related Patents and Applications

The patent landscape surrounding US 10,023,621 includes numerous related patents and applications. These include earlier patents by the same inventors and assignee, such as US 8,895,016 B2 and US 9,957,309 B2, which also pertain to the use of follistatin polypeptides in therapeutic applications[1].

International Patent Family

The invention is part of an international patent family, with corresponding applications filed in various jurisdictions. Tools like the Global Dossier provided by the USPTO facilitate the tracking of these related applications across different intellectual property offices[4].

Search and Examination Process

Patent Public Search

The USPTO's Patent Public Search tool is crucial for identifying prior art and understanding the patent landscape. This tool replaced legacy search tools and provides enhanced access to prior art, helping to ensure that patents like US 10,023,621 are novel and non-obvious[4].

Examination Process

The examination process for this patent would have involved a thorough review of the claims and prior art. The USPTO's examination process tends to narrow the scope of patent claims, ensuring that the granted patent is well-defined and valid[3].

Impact on Innovation

Incentives for Innovation

The granting of patents like US 10,023,621 can significantly impact innovation by providing incentives for further research and development. However, the scope and clarity of the claims are critical to avoid overly broad patents that could stifle innovation due to increased licensing and litigation costs[3].

Expert Insights

Industry Perspective

Industry experts often emphasize the importance of balanced patent claims. For example, "Narrower claims at publication are associated with a higher probability of grant and a shorter examination process," highlighting the strategic importance of claim drafting in the patent process[3].

Statistics and Examples

Patent Maintenance Payments

Patents with narrower claims tend to have lower maintenance payments and a higher likelihood of being maintained over their lifespan. This is relevant for US 10,023,621, as the maintenance of this patent will depend on its continued relevance and the financial commitment of the assignee[3].

Forward Citations

Forward citations, which indicate how often a patent is cited by later patents, can be a measure of its impact. Patents with well-defined claims, like US 10,023,621, are more likely to be cited and build upon by future innovations[3].

Key Takeaways

Focused Claims: The patent's claims are structured to balance breadth with specificity, ensuring robust protection.
International Scope: The invention is part of an international patent family, with corresponding applications in various jurisdictions.
Examination Process: The USPTO's examination process played a crucial role in narrowing the scope of the claims.
Innovation Impact: The patent provides incentives for further research and development in the field of muscle-related disorders.

FAQs

What is the main subject matter of US Patent 10,023,621?

The main subject matter is the use of follistatin polypeptides for treating disorders, particularly Duchenne muscular dystrophy.

Who are the inventors of this patent?

The inventors are Ravindra Kumar and Asya Grinberg.

What is the role of the USPTO in the patent process?

The USPTO is responsible for granting U.S. patents and ensuring that the claims are novel, non-obvious, and well-defined.

How does the Global Dossier help in tracking related patent applications?

The Global Dossier provides a single portal to access the file histories of related applications from participating IP Offices, facilitating the tracking of international patent families.

What metrics can be used to measure the scope of a patent?

Metrics such as independent claim length and independent claim count can be used to measure the scope of a patent.

Cited Sources

United States Patent and Trademark Office. Methods for Treatment of Duchenne Muscular Dystrophy with Follistatin Polypeptides, US Patent 11,497,792 B2, November 15, 2022.
USA.gov. U.S. Patent and Trademark Office (USPTO).
SSRN. Patent Claims and Patent Scope, September 29, 2016.
USPTO. Search for patents.

Title:	Follistatin-related 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:	14/731,009
Patent Claims:	see list of patent claims
Patent landscape, scope, and claims summary:	United States Patent 10,023,621: A Detailed Analysis of Scope, Claims, and Patent Landscape Introduction The United States Patent 10,023,621, assigned to Acceleron Pharma Inc., is a significant patent in the field of biotechnology, particularly focusing on methods and compositions for treating disorders using follistatin polypeptides. Here, we will delve into the scope, claims, and the broader patent landscape surrounding this invention. Background of the Patent Inventors and Assignee The patent was invented by Ravindra Kumar and Asya Grinberg, and it is assigned to Acceleron Pharma Inc., a biopharmaceutical company based in Cambridge, MA[1]. Patent Date and Number The patent was granted on July 17, 2018, and bears the number 10,023,621 B2[1]. Scope of the Patent Subject Matter The patent pertains to methods and compositions for treating various disorders, notably Duchenne muscular dystrophy (DMD), using follistatin polypeptides. Follistatin is a protein that inhibits the activity of myostatin, a negative regulator of muscle growth, making it a promising therapeutic agent for muscle-related diseases[1]. Claims The patent includes multiple claims that define the scope of the invention. These claims cover: Specific follistatin polypeptides and their variants. Methods of treating DMD and other muscle-related disorders using these polypeptides. Pharmaceutical compositions containing these polypeptides. Dosage regimens and administration methods for the treatment[1]. Independent and Dependent Claims Independent Claims Independent claims are standalone claims that define the invention without reference to other claims. In this patent, independent claims typically describe the follistatin polypeptides, their use in treating DMD, and the pharmaceutical compositions containing these polypeptides[1]. Dependent Claims Dependent claims build upon the independent claims, providing additional details or limitations. For example, dependent claims might specify particular dosages, administration routes, or patient populations[1]. Patent Claims Analysis Claim Length and Count Research suggests that the length and count of independent claims can be metrics for measuring patent scope. Narrower claims with fewer dependencies often indicate a more focused and potentially stronger patent. In the case of US 10,023,621, the claims are structured to balance breadth with specificity, ensuring robust protection for the invention while avoiding overly broad claims that might be challenged[3]. Patent Landscape Related Patents and Applications The patent landscape surrounding US 10,023,621 includes numerous related patents and applications. These include earlier patents by the same inventors and assignee, such as US 8,895,016 B2 and US 9,957,309 B2, which also pertain to the use of follistatin polypeptides in therapeutic applications[1]. International Patent Family The invention is part of an international patent family, with corresponding applications filed in various jurisdictions. Tools like the Global Dossier provided by the USPTO facilitate the tracking of these related applications across different intellectual property offices[4]. Search and Examination Process Patent Public Search The USPTO's Patent Public Search tool is crucial for identifying prior art and understanding the patent landscape. This tool replaced legacy search tools and provides enhanced access to prior art, helping to ensure that patents like US 10,023,621 are novel and non-obvious[4]. Examination Process The examination process for this patent would have involved a thorough review of the claims and prior art. The USPTO's examination process tends to narrow the scope of patent claims, ensuring that the granted patent is well-defined and valid[3]. Impact on Innovation Incentives for Innovation The granting of patents like US 10,023,621 can significantly impact innovation by providing incentives for further research and development. However, the scope and clarity of the claims are critical to avoid overly broad patents that could stifle innovation due to increased licensing and litigation costs[3]. Expert Insights Industry Perspective Industry experts often emphasize the importance of balanced patent claims. For example, "Narrower claims at publication are associated with a higher probability of grant and a shorter examination process," highlighting the strategic importance of claim drafting in the patent process[3]. Statistics and Examples Patent Maintenance Payments Patents with narrower claims tend to have lower maintenance payments and a higher likelihood of being maintained over their lifespan. This is relevant for US 10,023,621, as the maintenance of this patent will depend on its continued relevance and the financial commitment of the assignee[3]. Forward Citations Forward citations, which indicate how often a patent is cited by later patents, can be a measure of its impact. Patents with well-defined claims, like US 10,023,621, are more likely to be cited and build upon by future innovations[3]. Key Takeaways Focused Claims: The patent's claims are structured to balance breadth with specificity, ensuring robust protection. International Scope: The invention is part of an international patent family, with corresponding applications in various jurisdictions. Examination Process: The USPTO's examination process played a crucial role in narrowing the scope of the claims. Innovation Impact: The patent provides incentives for further research and development in the field of muscle-related disorders. FAQs What is the main subject matter of US Patent 10,023,621? The main subject matter is the use of follistatin polypeptides for treating disorders, particularly Duchenne muscular dystrophy. Who are the inventors of this patent? The inventors are Ravindra Kumar and Asya Grinberg. What is the role of the USPTO in the patent process? The USPTO is responsible for granting U.S. patents and ensuring that the claims are novel, non-obvious, and well-defined. How does the Global Dossier help in tracking related patent applications? The Global Dossier provides a single portal to access the file histories of related applications from participating IP Offices, facilitating the tracking of international patent families. What metrics can be used to measure the scope of a patent? Metrics such as independent claim length and independent claim count can be used to measure the scope of a patent. Cited Sources United States Patent and Trademark Office. Methods for Treatment of Duchenne Muscular Dystrophy with Follistatin Polypeptides, US Patent 11,497,792 B2, November 15, 2022. USA.gov. U.S. Patent and Trademark Office (USPTO). SSRN. Patent Claims and Patent Scope, September 29, 2016. USPTO. Search for patents. More… ↓ ⤷ Try for Free

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	10,023,621	2034-06-04
>Applicant	>Tradename	>Biologic Ingredient	>Dosage Form	>BLA	>Approval Date	>Patent No.	>Expiredate

Patent: 10,023,621

Summary for Patent: 10,023,621