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Last Updated: December 25, 2024

Patent: 10,195,211


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Summary for Patent: 10,195,211
Title:Soft lozenge compositions
Abstract: Described herein are topical, non-systemic, slow releasing oral pharmaceutical compositions, methods for making the same, and methods for treating subjects in need thereof with such compositions. In particular, the oral composition provides topical, non-systemic administration of one or more active pharmaceutical ingredients to the oral cavity and upper gastrointestinal track, including the esophagus. In one embodiment, the pharmaceutical composition provides topical corticosteroids to the esophagus and oral cavity.
Inventor(s): Zhao; YinYan (Greensboro, NC), Hughey; Justin (Asheboro, NC), Vaughn; Jason (Browns Summit, NC), Fang; Qi (Oak Ridge, NC)
Assignee: Patheon Softgels, Inc. (High Point, NC)
Application Number:15/795,846
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Understanding the Scope and Claims of United States Patent 10,195,211: A Detailed Analysis

Introduction

Patent 10,195,211, like any other patent, is a complex document that outlines the invention, its scope, and the claims that define its intellectual property boundaries. To analyze this patent, we need to delve into its various components, including the background, summary, detailed description, and most importantly, the claims.

Background and Summary

Before diving into the claims, it is crucial to understand the context and purpose of the invention. The background section typically provides an overview of the existing technology and the problems it addresses, while the summary section gives a brief description of the invention.

Detailed Description

This section provides a thorough explanation of the invention, including how it works, its components, and any specific embodiments. It often includes diagrams, flowcharts, and detailed technical descriptions that help in understanding the invention's functionality.

Claims Analysis

The claims are the most critical part of a patent as they define the scope of the invention and what is protected by the patent.

Independent and Dependent Claims

  • Independent Claims: These claims stand alone and define the invention without reference to other claims. They are broad and encompass the core aspects of the invention.
  • Dependent Claims: These claims refer back to an independent claim and add additional limitations or features. They are narrower and build upon the independent claims.

Claim Structure

Each claim typically follows a specific structure:

  • Preamble: Introduces the claim and specifies the category of the invention (e.g., "A method for...").
  • Transition Phrase: Connects the preamble to the body of the claim (e.g., "comprising," "consisting of").
  • Body of the Claim: Describes the elements and limitations of the invention.

Claim Examples

For a patent like 10,195,211, let's consider a hypothetical example:

Independent Claim 1

"A system for detecting anomalies in data, comprising:

  • A data input module for receiving data;
  • A processing module for analyzing the data using an artificial neural network;
  • An output module for displaying the detected anomalies."

Dependent Claim 2

"The system of claim 1, wherein the processing module uses a specific type of neural network to improve the accuracy of anomaly detection."

Subject Matter Eligibility

The 2024 USPTO guidance update on AI patents is particularly relevant here. It emphasizes that claims must integrate judicial exceptions into practical applications to be patent-eligible. For example, if a claim involves an abstract idea like data analysis, it must include additional elements that impose meaningful limits and transform the idea into a concrete technological improvement[1].

Practical Application

Using the example from the 2024 USPTO guidance, if a claim specifies that the separated audio components are used in a speech recognition system to improve the accuracy of voice commands, it integrates the abstract idea into a practical application, making the claim patent-eligible[1].

Patent Landscape

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

Prior Art Search

Conducting a thorough prior art search using tools like the USPTO's Patent Public Search, Global Dossier, and other international databases helps in identifying existing patents and published applications that may be relevant to the invention[4].

Competitor Patents

Analyzing competitor patents in the same field can provide insights into the existing technological landscape and help in distinguishing the invention from prior art.

Economic and Legal Implications

The economic and legal implications of a patent are significant.

Market Impact

A patent like 10,195,211 can have a substantial impact on the market by providing a competitive edge to the patent holder. It can also influence the development of related technologies.

Litigation and Licensing

The patent's claims and scope can be crucial in litigation and licensing negotiations. Clear and well-defined claims can help in defending the patent against infringement claims and in negotiating licensing agreements[5].

Data and Statistics

Using datasets like the USPTO's Patent Claims Research Dataset can provide valuable insights into patent trends and the scope of patents in specific fields. This dataset contains detailed information on claims from US patents and applications, which can be analyzed to understand the broader patent landscape[3].

Real-World Applications

Highlighting the real-world applications of the claimed method or system is crucial for demonstrating its practical utility. For instance, if the invention is used in a specific industry, such as healthcare or finance, showing how it solves specific problems in that field can bolster the argument for patent eligibility[1].

Expert Insights

Industry experts and legal practitioners often provide valuable insights into the patent landscape and the implications of specific claims. For example, the consultative group members involved in the ACUS study on small claims patent courts can offer perspectives on the legal and practical considerations of patent claims[2].

Key Takeaways

  • Claims Definition: The claims define the scope of the invention and must be carefully crafted to ensure patent eligibility.
  • Practical Application: Claims must integrate judicial exceptions into practical applications to be patent-eligible.
  • Prior Art Search: Conducting a thorough prior art search is essential for assessing the novelty and non-obviousness of the invention.
  • Market Impact: The patent can have significant economic and market implications.
  • Legal Considerations: Clear claims are crucial for litigation and licensing negotiations.

FAQs

What is the importance of independent and dependent claims in a patent?

Independent claims define the core aspects of the invention, while dependent claims add additional limitations or features, making the claims narrower and more specific.

How does the 2024 USPTO guidance update affect AI-related patents?

The update clarifies that claims must integrate judicial exceptions into practical applications to be patent-eligible, and it provides examples specifically tailored to AI technologies.

What tools can be used for conducting a prior art search?

Tools like the USPTO's Patent Public Search, Global Dossier, and other international databases are essential for conducting a thorough prior art search.

Why is it important to highlight real-world applications of the claimed method or system?

Highlighting real-world applications demonstrates the practical utility of the invention, which is crucial for showing that the abstract idea is transformed into a specific, practical application.

How can industry experts and legal practitioners help in understanding the patent landscape?

Industry experts and legal practitioners can provide valuable insights into the legal and practical considerations of patent claims, helping to navigate the complexities of the patent landscape.

Cited Sources

  1. Understanding the 2024 USPTO Guidance Update on AI Patent - Mintz.
  2. U.S. Patent Small Claims Court - ACUS.
  3. Patent Claims Research Dataset - USPTO.
  4. Search for patents - USPTO.
  5. SUBPART 227.70 INFRINGEMENT CLAIMS, LICENSES, AND ASSIGNMENTS - Acq.osd.mil.

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Details for Patent 10,195,211

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Janssen Biotech, Inc. REMICADE infliximab For Injection 103772 August 24, 1998 10,195,211 2035-06-15
Genentech, Inc. XOLAIR omalizumab For Injection 103976 June 20, 2003 10,195,211 2035-06-15
Genentech, Inc. XOLAIR omalizumab Injection 103976 September 28, 2018 10,195,211 2035-06-15
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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