Patent: 10,206,894

Summary for Patent: 10,206,894

Title:	Compounds for use in treatment of mucositis
Abstract:	The present invention provides methods for treating and/or preventing mucositis with one or more compounds, or pharmaceutically acceptable salts thereof, disclosed herein, or compositions comprising the same.
Inventor(s):	Scott; Richard W. (Radnor, PA), Korczak; Bozena (Wayne, PA)
Assignee:	Innovation Pharmaceuticals Inc. (Beverly, MA)
Application Number:	15/702,186
Patent Claims:	see list of patent claims

Analyzing the Claims and Patent Landscape of United States Patent 10,206,894

Introduction

When analyzing a patent, such as United States Patent 10,206,894, it is crucial to delve into the specifics of the claims, the broader patent landscape, and the strategic implications of the patent. This analysis will help in understanding the patent's validity, its position within the industry, and potential strategic decisions.

Understanding the Patent Claims

To begin with, it is essential to carefully read and interpret the claims of the patent. The claims define the scope of the invention and are critical in determining the patent's validity and enforceability.

Claim Construction

The claims of a patent are typically divided 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. For example, if a patent has an independent claim that describes a method for data processing, a dependent claim might specify a particular algorithm used in that method[2].

Novelty and Nonobviousness

Two fundamental requirements for patentability are novelty and nonobviousness. The claimed invention must be new and not obvious to a person of ordinary skill in the relevant field. If every element of the claimed invention is already disclosed in prior art, the patent may not be valid[2].

Conducting a Preliminary Patent Search

Before diving deep into the patent landscape, conducting a preliminary patent search is vital. Here are some steps and resources to consider:

Using USPTO Resources

The USPTO provides several tools for patent searching, including the Patent Public Search tool, which replaced older tools like PubEast and PubWest. This tool offers enhanced access to prior art and is a powerful resource for preliminary searches[1].

Global Dossier

The Global Dossier service allows users to view the file histories of related applications from participating IP Offices, including the IP5 Offices. This can help in identifying similar patents and understanding the global patent family[1].

International Patent Offices

Searching international patent databases, such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and World Intellectual Property Organization (WIPO), can reveal if similar inventions have been patented abroad[1].

Patent Landscape Analysis

A comprehensive patent landscape analysis goes beyond a simple patentability search. Here’s how it can provide strategic insights:

Geographic Focus

Understanding the geographic distribution of patents can indicate where competitors and suppliers are conducting critical research or manufacturing. For instance, a company headquartered in the U.S. but with a high prevalence of patent publications in Taiwan and India may indicate significant manufacturing presence in those regions[3].

Patent Saturation

Determining the saturation level of a specific technology area helps in assessing the potential rewards or risks of entering that space. High saturation may indicate a crowded field where it could be challenging to secure new patents[3].

Competitor Analysis

Patent landscape analysis can reveal competitors' strategies by examining their patent portfolios. This includes identifying abandoned technologies and new areas of focus, which can guide long-term R&D decisions[3].

Strategic Insights from Patent Landscape Analysis

Identifying Key Players

By analyzing the patent landscape, you can identify key players in the industry and their areas of focus. For example, a company with a significant number of patents in a particular technology area may be a major player in that space[3].

Setting Up Alerts

Knowing the geographic focus areas and key players allows companies to set up current awareness alerts on patenting activity in critical regions. This helps in staying updated on competitors' and suppliers' research and development activities[3].

Decision-Making

A comprehensive patent landscape analysis provides insights that can guide business and R&D management in making long-term decisions. It helps in identifying whether to continue research and development in a particular area or to pivot to newer technologies due to high patent saturation[3].

Legal and Regulatory Considerations

PTAB and Inter Partes Review

The Patent Trial and Appeal Board (PTAB) plays a crucial role in reviewing the validity of patents. The Leahy-Smith America Invents Act (AIA) introduced inter partes review, which allows for administrative challenges to the validity of patents. Understanding these processes is essential for navigating potential legal challenges[2].

Patent Subject Matter Eligibility

The USPTO has guidelines for determining whether a patent application seeks to claim ineligible subject matter, such as laws of nature, natural phenomena, or abstract ideas. The Alice/Mayo test is used to determine if the patent claims have an “inventive concept” that transforms the ineligible subject matter into a patent-eligible application[2].

Tools and Resources for Analysis

Patent Public Search

The USPTO's Patent Public Search tool is a powerful resource for searching prior art and understanding the patent landscape. It offers two modern interfaces and enhanced capabilities compared to older tools[1].

Patent Classification

Using patent classification systems, such as the Cooperative Patent Classification (CPC), can help in organizing and searching patent documents efficiently. This system groups patents into specific technology categories, making it easier to find relevant patents[4].

PatentsView

PatentsView is a platform developed for visualizing, disseminating, and analyzing intellectual property data. It provides tools for exploring and analyzing complex patent data, which can be invaluable for comprehensive patent landscape analysis[4].

Case Study: Analyzing United States Patent 10,206,894

To illustrate the process, let's consider a hypothetical analysis of United States Patent 10,206,894.

Claim Analysis

• Independent Claims: Identify the independent claims that define the invention.
• Dependent Claims: Analyze the dependent claims to understand the specific limitations and enhancements of the invention.

Patent Landscape

• Geographic Distribution: Determine the geographic focus of the patent filings related to this technology area.
• Competitor Analysis: Identify key competitors and their patent portfolios in this technology area.
• Saturation Level: Assess the saturation level of the technology area to understand the potential for new patents.

Legal Considerations

• PTAB and Inter Partes Review: Consider the potential for administrative challenges to the patent's validity.
• Subject Matter Eligibility: Ensure that the patent claims do not fall under ineligible subject matter and meet the Alice/Mayo test if necessary.

Key Takeaways

• Comprehensive Search: Conduct a thorough patent search using various resources, including USPTO tools and international patent databases.
• Landscape Analysis: Perform a patent landscape analysis to understand the strategic implications and identify key players, geographic focus areas, and patent saturation levels.
• Legal Compliance: Ensure that the patent claims meet the requirements for novelty, nonobviousness, and subject matter eligibility.
• Strategic Decisions: Use the insights from the patent landscape analysis to guide long-term R&D and business decisions.

FAQs

Q: What is the difference between a patentability search and a patent landscape analysis? A: A patentability search focuses on identifying prior art specifically related to the claims of a new patent application, while a patent landscape analysis provides a broader view of the entire technology area, helping in strategic decision-making.

Q: How can I determine the geographic focus of a company's patent filings? A: By analyzing the country of incorporation and the geographic distribution of patent publications, you can identify where a company is conducting critical research and manufacturing.

Q: What is the role of the Patent Trial and Appeal Board (PTAB) in patent law? A: The PTAB is a tribunal within the USPTO that reviews the validity of patents and hears administrative challenges to the validity of patents previously granted by the USPTO.

Q: How does the Alice/Mayo test impact patent subject matter eligibility? A: The Alice/Mayo test determines whether patent claims directed to ineligible subject matter (like laws of nature or abstract ideas) contain an “inventive concept” that transforms the ineligible subject matter into a patent-eligible application.

Q: What tools are available for conducting a comprehensive patent search? A: Tools include the USPTO's Patent Public Search, Global Dossier, and resources from international patent offices like the EPO, JPO, and WIPO.

Sources

1. USPTO - Search for patents.
2. Congressional Research Service - The Patent Trial and Appeal Board and Inter Partes Review.
3. AcclaimIP - Patent Landscape Analysis - Uncovering Strategic Insights.
4. Brown University Library Guides - Patents.

Details for Patent 10,206,894

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Swedish Orphan Biovitrum Ab (publ)	KEPIVANCE	palifermin	For Injection	125103	December 15, 2004		2031-05-16