Patent: 10,034,931

Summary for Patent: 10,034,931

Title:	Use of EGFR pathway inhibitors to increase immune responses to antigens
Abstract:	This disclosure relates to using EGFR pathway inhibitors in combination with compositions comprising an antigen to increase, elicit, or improve an antigen or vaccine-induced immune response. In certain embodiments, the EGFR pathway inhibitor is administered under conditions such that memory cells to the antigen are formed in a subject. In certain embodiments, the composition is a vaccine. In certain embodiments, the EGFR pathway inhibitor and vaccine are administered to the skin epidermis or dermis.
Inventor(s):	Pollack Brian P., Compans Richard W., Pulit-Penaloza Joanna A., Skountzou Ioanna
Assignee:	Emory University
Application Number:	US15024102
Patent Claims:	see list of patent claims

Analyzing the Claims and Patent Landscape of United States Patent 10,034,931

Introduction

Understanding the claims and patent landscape of a specific patent is crucial for businesses, inventors, and intellectual property (IP) professionals. This analysis will delve into the specifics of United States Patent 10,034,931, exploring its claims, the broader patent landscape, and the strategic insights that can be derived from such an analysis.

Understanding the Patent Claims

To begin with, it is essential to dissect the claims of the patent in question. Patent claims define the scope of the invention and are critical in determining the patent's validity and enforceability.

Claim Structure and Scope

• The claims of a patent are typically categorized into independent and dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims[2].
• For US Patent 10,034,931, one would need to review the specific language and structure of each claim to understand the invention's boundaries and any limitations imposed by amendments during the examination process.

Impact of Amendments and Prosecution History

• Amendments made during the patent examination process can significantly affect the scope of the claims. The doctrine of equivalents and prosecution history estoppel can limit the claims' scope if narrowing amendments are made to overcome examiner objections[2].
• Analyzing the prosecution history of US Patent 10,034,931 would reveal any amendments, arguments, or other interactions with the USPTO that could impact the claims' interpretation.

Patent Allowance Rates and Examination Process

Understanding the broader context of patent allowance rates and the examination process can provide valuable insights.

Patent Allowance Rates

• The probability of receiving a US patent is influenced by various factors, including the type of application, the technology field, and the entity size of the applicant. Studies have shown that the allowance rates vary significantly across different technology fields and entity sizes[1].
• For instance, the family allowance rate, which includes the outcomes of continuation applications, provides a comprehensive view of the patenting process.

Continuation Procedures

• Continuation procedures, such as continuations, continuations-in-part, and divisional applications, can complicate the calculation of allowance rates. These procedures allow applicants to introduce new subject matter or separate claimed inventions, potentially leading to multiple patents from a single progenitor application[1].

Patent Landscape Analysis

A thorough patent landscape analysis is essential for understanding the competitive and technological environment surrounding US Patent 10,034,931.

Geographical Spread and Technology Area

• Analyzing the geographical spread of patents in the relevant technology area helps in identifying key players and market trends. This includes determining the saturation level of the patent space and identifying new entrants[4].

Saturation Level of Patent Space

• A highly saturated patent space indicates intense competition and may suggest that entering this space could be challenging. Conversely, underappreciated niche areas might offer opportunities for innovation and investment[4].

Time-Slicing and Trend Analysis

• Time-slicing involves analyzing patent activity over different time periods to identify trends and changes in the technology area. This can reveal shifts in focus, abandonment of certain technologies, and the emergence of new ones[4].

Strategic Insights from Patent Landscape Analysis

Identifying Competitors and Market Trends

• A comprehensive patent landscape analysis goes beyond known competitors to uncover the entire universe of patents in a technology area. This helps in identifying potential competitors, collaborators, and areas of innovation[4].

Decision-Making for R&D and Investment

• The insights from patent landscape analysis are crucial for making long-term decisions about research and development (R&D) and investment. It helps in determining whether to continue in a saturated technology area or to pivot to newer, less crowded spaces[4].

The Role of AI in Patent Applications and Analysis

The increasing use of AI tools in patent applications and analysis is a significant trend.

Disclosure Requirements for AI Contributions

• If AI tools are used in drafting patent applications or introducing alternative embodiments, this must be disclosed to the USPTO. Ensuring that the contributions made by natural persons meet the criteria for inventorship is critical[3].

Automated Patent Claims Analysis

• AI can facilitate the patent examination process by automating the analysis of patent claims, reducing the amount of information users need to review. However, practitioners must verify the accuracy of AI-generated documents to avoid introducing inaccuracies[2].

Case Study: US Patent 10,034,931

While the specific details of US Patent 10,034,931 are not provided here, the following steps would be taken in a real-world analysis:

Reviewing the Patent Specification and Claims

• Carefully read the patent specification and claims to understand the invention's details and scope.

Analyzing the Prosecution History

• Review the patent's prosecution history to identify any amendments, arguments, or other interactions with the USPTO that could impact the claims.

Conducting a Patent Landscape Analysis

• Use tools and databases to analyze the patent landscape, including the geographical spread, saturation level, and trends in the relevant technology area.

Key Takeaways

• Understanding Claims: The claims of a patent define its scope and are crucial for determining validity and enforceability.
• Patent Allowance Rates: The probability of receiving a US patent varies by technology field, entity size, and other factors.
• Patent Landscape Analysis: This analysis provides strategic insights into the competitive and technological environment, helping in decision-making for R&D and investment.
• Role of AI: AI tools can assist in patent applications and analysis but require careful disclosure and verification to ensure accuracy.

FAQs

Q: What is the significance of patent claims in a patent application? A: Patent claims define the scope of the invention and are critical for determining the patent's validity and enforceability.

Q: How do continuation procedures affect patent allowance rates? A: Continuation procedures can complicate the calculation of allowance rates by allowing multiple patents to emerge from a single progenitor application.

Q: What is the purpose of a patent landscape analysis? A: A patent landscape analysis provides strategic insights into the competitive and technological environment, helping in decision-making for R&D and investment.

Q: How does AI impact the patent application process? A: AI can facilitate the patent examination process but requires careful disclosure and verification to ensure accuracy and compliance with USPTO guidelines.

Q: Why is it important to analyze the prosecution history of a patent? A: Analyzing the prosecution history helps in understanding any amendments, arguments, or other interactions with the USPTO that could impact the claims' interpretation.

Sources

1. Carley, M., & Hegde, D. (n.d.). What Is the Probability of Receiving a US Patent?. Retrieved from https://yjolt.org/sites/default/files/carley_hegde_marco-what_is_the_probability_of_receiving_a_us_patent_0.pdf
2. US20110138338A1 - Patent Claims Analysis System and Method. (n.d.). Retrieved from https://patents.google.com/patent/US20110138338A1/en
3. U.S. Patent Office Issues Additional Guidance on Use of AI Tools. (2024, April 15). Retrieved from https://www.bipc.com/united-states-patent-office-issues-guidance-on-use-of-ai-tools
4. Patent Landscape Analysis - Uncovering Strategic Insights. (n.d.). Retrieved from https://www.acclaimip.com/patent-landscaping/patent-landscape-analysis-uncovering-strategic-insights/

Details for Patent 10,034,931

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Glaxosmithkline Biologicals	FLUARIX, FLUARIX QUADRIVALENT	influenza vaccine	Injection	125127	August 31, 2005	10,034,931	2034-09-23
Glaxosmithkline Biologicals	FLUARIX, FLUARIX QUADRIVALENT	influenza vaccine	Injection	125127	December 14, 2012	10,034,931	2034-09-23
Id Biomedical Corporation Of Quebec	FLULAVAL, FLULAVAL QUADRIVALENT	influenza vaccine	Injection	125163	October 05, 2006	10,034,931	2034-09-23
Id Biomedical Corporation Of Quebec	FLULAVAL, FLULAVAL QUADRIVALENT	influenza vaccine	Injection	125163	November 10, 2009	10,034,931	2034-09-23
Id Biomedical Corporation Of Quebec	FLULAVAL, FLULAVAL QUADRIVALENT	influenza vaccine	Injection	125163	August 15, 2013	10,034,931	2034-09-23
Id Biomedical Corporation Of Quebec	FLULAVAL, FLULAVAL QUADRIVALENT	influenza vaccine	Injection	125163	September 27, 2013	10,034,931	2034-09-23
Seqirus Pty Ltd.	AFLURIA, AFLURIA QUADRIVALENT	influenza vaccine	Injection	125254	September 28, 2007	10,034,931	2034-09-23