Patent: 10,064,921

Summary for Patent: 10,064,921

Title:	Botulinum toxin treatments of neurological and neuropsychiatric disorders
Abstract:	Methods for preventing or treating neuropsychiatric disorder and/or a neurological disorder including a neurological disorder mediated by the thalamus. Neuropsychiatric disorders and/or a neurological disorders, including a thalamically mediated disorder can be treated by peripheral administration of a botulinum toxin to or to the vicinity of a trigeminal sensory nerve, thereby preventing or treating a neurological disorder and/or a neuropsychiatric disorder.
Inventor(s):	Blumenfeld; Andrew M. (Del Mar, CA)
Assignee:	Allergan, Inc. (Irvine, CA)
Application Number:	15/447,770
Patent Claims:	see list of patent claims

Comprehensive Analysis of United States Patent 10,064,921: Navigating the Patent Landscape

Introduction

Understanding the intricacies of a patent, particularly one like United States Patent 10,064,921, involves a multifaceted analysis that delves into the claims, the broader patent landscape, and the strategic implications for businesses and inventors. This article will provide a detailed examination of these aspects, highlighting key points and best practices in patent analysis.

Patent Claims Analysis

Claim Structure and Scope

Patent claims are the heart of any patent, defining the scope of the invention and what is protected. For U.S. Patent 10,064,921, it is crucial to analyze each claim to understand the specific elements of the invention and how they interact. Claims can be independent or dependent, with independent claims standing alone and dependent claims referring back to another claim[3].

Claim Amendments and Prosecution History

During the patent prosecution process, claims may be amended or narrowed in response to objections from the patent examiner or to overcome prior art. Analyzing the prosecution history of U.S. Patent 10,064,921 can reveal how the claims evolved and what compromises were made to secure patentability[3].

Obviousness-Type Double Patenting (ODP)

ODP is a critical consideration, especially in cases where multiple patents from the same family are involved. The Cellect LLC case illustrates how ODP can invalidate claims if they are deemed obvious variants of earlier patents within the same family[1].

Patent Family Analysis

Geographical Coverage

Understanding the patent family of U.S. Patent 10,064,921 involves analyzing its geographical coverage. This includes identifying whether the patent has been filed in multiple countries and the status of these filings. This analysis helps in assessing the global protection and potential market reach of the invention[4].

Continuations and Divisionals

Patent families often include continuations, continuations-in-part, and divisional applications. For U.S. Patent 10,064,921, identifying these relationships can provide insights into the broader inventive scope and the strategic decisions made by the patent holder[1].

Prior Art Search and Novelty

Importance of Prior Art

Conducting a thorough prior art search is essential to determine the novelty and non-obviousness of the invention claimed in U.S. Patent 10,064,921. This search helps in identifying existing technologies or innovations that could affect the validity or patentability of the invention[4].

Citation Analysis

Analyzing patent citations can provide valuable insights into how U.S. Patent 10,064,921 relates to prior and subsequent innovations. This type of analysis can gauge the importance of the patent within its technological field and identify potential competitors or collaborators[4].

Competitive Landscape and Market Assessment

Identifying Competitors

Analyzing the patent portfolios of competitors in the same technological field can help in assessing their strengths and weaknesses. This includes identifying white spaces or areas with fewer patents, which could indicate potential opportunities for innovation[4].

Market Dynamics

Understanding the market size, barriers to entry, and competitive landscape is crucial for making informed decisions about entering new markets or expanding existing ones. Patent analysis provides insights into these market dynamics, enabling businesses to strategize effectively[4].

Risk Mitigation and Legal Compliance

Patent Infringement Risks

Conducting a thorough patent analysis helps in reducing the risk of patent infringement lawsuits. By identifying existing patents and understanding their scope, businesses can design around them when developing new products or technologies[4].

Regulatory Compliance

Ensuring compliance with legal and regulatory requirements is vital. Patent analysis aids in this by identifying potential risks associated with intellectual property strategies and assessing the validity and enforceability of patents[4].

Strategic Insights and Decision-Making

R&D Strategy

Patent analysis can refine R&D strategies by identifying areas with fewer patents, indicating potential opportunities for innovation. It also helps in assessing where to invest in new technologies, form partnerships, or license existing patents[4].

Valuation and Licensing

Effective patent analysis helps in determining the value of patents, which is crucial for licensing, mergers and acquisitions, or seeking investment. Understanding the economic value of patents, including market size and potential licensing opportunities, is essential for strategic decision-making[4].

Use of AI Tools in Patent Analysis

Disclosure Requirements

The use of AI tools in patent drafting and analysis is becoming more prevalent. However, it is important to disclose any material contributions made by AI systems to the USPTO, especially if these contributions affect the inventorship or patentability of the claims[2].

Accuracy and Verification

Practitioners must verify the accuracy of factual assertions and ensure that documents prepared with AI assistance do not introduce inaccurate statements or omit material information[2].

Visualizations and Reporting

Data Presentation

Using visualizations such as heat maps, network graphs, and trend charts can present patent analysis findings in a visually compelling way. This helps stakeholders understand complex data and make informed decisions[4].

Ongoing Monitoring

Patent analysis is not a one-time task; it requires continuous monitoring of patent activity to stay updated with the latest developments. This ongoing monitoring helps businesses adapt to changing market conditions and technological advancements[4].

Key Takeaways

• Thorough Claim Analysis: Understand the structure and scope of claims, including any amendments during prosecution.
• Patent Family Insights: Analyze geographical coverage and relationships within the patent family.
• Prior Art and Novelty: Conduct comprehensive prior art searches to ensure novelty and non-obviousness.
• Competitive Landscape: Identify competitors and market dynamics to inform business strategies.
• Risk Mitigation: Use patent analysis to reduce infringement risks and ensure legal compliance.
• Strategic Decision-Making: Leverage patent analysis for R&D strategies, valuation, and licensing decisions.
• AI Tool Disclosure: Ensure transparency and accuracy when using AI tools in patent drafting and analysis.

FAQs

What is the importance of prior art search in patent analysis?

Prior art search is crucial for determining the novelty and non-obviousness of an invention. It helps identify existing technologies that could affect the validity or patentability of the new invention[4].

How does patent family analysis help in understanding a patent?

Patent family analysis provides insights into the geographical coverage and relationships within the patent family, including continuations, continuations-in-part, and divisional applications. This helps in assessing the broader inventive scope and global protection of the invention[4].

What are the risks associated with not disclosing AI contributions in patent applications?

Failure to disclose material contributions made by AI systems can lead to issues with inventorship and patentability. It may also result in inaccurate statements or omissions of material information, which can jeopardize the patent application[2].

How can businesses use patent analysis for strategic decision-making?

Patent analysis aids in identifying areas for innovation, assessing competitive positions, and making informed decisions about R&D investments, partnerships, and licensing. It also helps in valuing intellectual property and mitigating risks associated with patent infringement[4].

Why is ongoing monitoring of patent activity important?

Ongoing monitoring of patent activity ensures that businesses stay updated with the latest developments in their technological field. This helps them adapt to changing market conditions and technological advancements, maintaining a competitive edge[4].

Sources

1. In re Cellect, LLC, United States Court of Appeals for the Federal Circuit, August 28, 2023.
2. U.S. Patent Office Issues Additional Guidance on Use of AI Tools, Buchanan Ingersoll & Rooney PC, April 15, 2024.
3. Advanced patent searching techniques, CAS.org, July 24, 2023.
4. Patent Analysis, Evalueserve.
5. Working papers and book chapters, USPTO, December 2024.

Details for Patent 10,064,921

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Solstice Neurosciences, Llc	MYOBLOC	rimabotulinumtoxinb	Injection	103846	December 08, 2000		2023-10-29