Patent: 10,293,037

Summary for Patent: 10,293,037

Title:	DNA vaccine for use in pancreatic cancer patients
Abstract:	The present invention relates to an attenuated mutant strain of Salmonella comprising a recombinant DNA molecule encoding a VEGF receptor protein. In particular, the present invention relate to the use of said attenuated mutant strain of Salmonella in cancer immunotherapy.
Inventor(s):	Lubenau; Heinz (Neustadt an der Weinstrasse, DE)
Assignee:	VAXIMM AG (CH)
Application Number:	15/994,766
Patent Claims:	see list of patent claims

Understanding the Claims and Patent Landscape of US Patent 10,293,037

Introduction

Patent analysis is a crucial aspect of intellectual property strategy, especially when it comes to understanding the claims and the broader patent landscape. This article will delve into a comprehensive and critical analysis of the claims and the patent landscape for United States Patent 10,293,037, using insights from various sources and expert perspectives.

Patent Claims Analysis

What are Patent Claims?

Patent claims are the legal definitions of what the inventor considers to be their invention. They define the scope of protection granted by the patent and are a critical component of the patent application process[4].

The Importance of Claim Drafting

Effective claim drafting is essential for securing robust patent protection. Claims must be novel, non-obvious, and useful to overcome the conditions of patentability. The drafting process often involves negotiations between the applicant and the patent examiner, with the applicant potentially narrowing or limiting the scope of the claims to satisfy the examiner's arguments[4].

The Specific Case of US Patent 10,293,037

To analyze US Patent 10,293,037, one must start by examining the patent claims themselves.

Claim Structure and Scope

• Independent Claims: These claims stand alone and define the invention without reference to other claims. They are crucial as they set the broadest scope of protection.
• Dependent Claims: These claims refer back to and further limit the independent claims, often adding specific details or features.

Claim Interpretation and Amendments

The interpretation of patent claims can be significantly influenced by legal precedents, such as the Festo Corporation v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd. case. This case highlighted that narrowing amendments made to overcome examiner objections can limit the scope of the claims and invoke prosecution history estoppel, reducing the doctrine of equivalents[2].

Patent Allowance Rates and Continuation Procedures

Understanding the patent allowance rates and continuation procedures can provide context on the patent's journey.

First-Action Allowance Rate

This rate indicates the proportion of progenitor applications allowed without further examination. It is a key metric in understanding the initial success rate of patent applications[1].

Progenitor Allowance Rate

This rate reflects the proportion of progenitor applications allowed without any continuation procedure. It gives insight into the overall allowance rate without considering subsequent applications[1].

Family Allowance Rate

This rate shows the proportion of progenitor applications that produce at least one patent, including outcomes from continuation applications. It is particularly relevant when analyzing the broader impact of a patent family[1].

Continuation Procedures

Continuation procedures are common in patent applications and can significantly affect the patent landscape.

Non-Serialized Continuations

These include Requests for Continued Examination (RCEs), which allow applicants to continue the examination process without abandoning the progenitor application. RCEs are frequently used, with at least one RCE filed by 19.5% of all applicants[1].

Serialized Continuations

These include continuations-in-part (CIPs) and divisional applications, which allow applicants to introduce new subject matter or separate distinct inventions. Serialized continuations can result in multiple patents from a single progenitor application, complicating the calculation of allowance rates[1].

Subject Matter Eligibility Analysis

For patents like US 10,293,037, especially those involving complex technologies such as AI, subject matter eligibility is a critical issue.

Step 2A of the Alice Test

The 2024 Guidance Update emphasizes the importance of Prong Two of Step 2A in overcoming section 101 rejections. This involves demonstrating that the claims are directed to a specific, concrete technological advancement or solution to a technical problem. For AI inventions, showing an improvement in the functioning of a computer or another technical field is crucial[3].

Patent File Wrappers and Competitive Intelligence

Analyzing patent file wrappers is essential for understanding the patent landscape and competitive intelligence.

Contents of a File Wrapper

A file wrapper contains all the administrative details and communications between the patent applicant and the patent office. This includes inventor declarations, examiner search strategies, prior art references, and arguments made during the examination process[4].

Insights from File Wrappers

Reviewing file wrappers can provide valuable context on how the patent application was prosecuted, including any prior art cited against it and the arguments made by the examiner. This information is critical for understanding the legal status of the invention and the broader competitive landscape[4].

Global Trends in Patenting

Understanding global trends in patenting can offer a broader perspective on the significance of a patent like US 10,293,037.

U.S. and Global Patent Trends

Patents are primary indicators of invention, providing technological and geographic detail. The U.S. patenting system grants exclusive rights to inventors for their inventions, which must be novel, non-obvious, and useful. Global trends show an increasing number of patent applications, with the U.S. being a significant hub for patent activity[5].

Practical Tips for Patent Applicants

For applicants seeking to navigate the complex patent landscape, several practical tips are invaluable.

Crafting Effective Arguments

When facing section 101 rejections, applicants must craft strong arguments under Prong Two of Step 2A. This involves demonstrating specific, concrete technological advancements or solutions to technical problems[3].

Utilizing Automated Tools

Given the increasing complexity and volume of patent claims, automated tools can help reduce the information overload. Systems like the Patent Claims Analysis System can facilitate the examination process by automating the import of patent claims and streamlining the review process[2].

Key Takeaways

• Effective Claim Drafting: Claims must be carefully drafted to ensure they meet the conditions of patentability and are not overly broad or narrow.
• Continuation Procedures: Understanding continuation procedures is crucial for managing the patent application process and maximizing the potential for multiple patents from a single progenitor application.
• Subject Matter Eligibility: For complex technologies, demonstrating specific technological advancements is key to overcoming section 101 rejections.
• Patent File Wrappers: Analyzing file wrappers provides essential insights into the patent prosecution process and competitive landscape.
• Global Trends: Keeping abreast of global patent trends can help inventors and businesses position themselves strategically in the innovation ecosystem.

FAQs

Q: What is the significance of patent claims in a patent application? A: Patent claims define the scope of protection granted by the patent and are critical for determining the novelty, non-obviousness, and usefulness of the invention.

Q: How do continuation procedures affect the patent landscape? A: Continuation procedures allow applicants to continue the examination process, potentially resulting in multiple patents from a single progenitor application, and can complicate the calculation of allowance rates.

Q: What is the importance of Prong Two of Step 2A in patent eligibility analysis? A: Prong Two of Step 2A requires demonstrating specific, concrete technological advancements or solutions to technical problems, which is crucial for overcoming section 101 rejections, especially for AI inventions.

Q: Why are patent file wrappers important for competitive intelligence? A: Patent file wrappers contain detailed information about the patent prosecution process, including prior art references and examiner arguments, which are essential for understanding the competitive landscape.

Q: How do global trends in patenting impact the significance of a U.S. patent? A: Global trends indicate an increasing number of patent applications, with the U.S. being a significant hub. This context highlights the importance of U.S. patents in the global innovation ecosystem.

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. The Importance of Prong Two of Step 2A for AI Inventions. (2024, September). Retrieved from https://www.bakerbotts.com/thought-leadership/publications/2024/september/the-importance-of-prong-two-of-step-2a-for-ai-inventions
4. Patent file wrappers as a tool for competitive intelligence. (2023, February 5). Retrieved from https://www.ipcheckups.com/patent-file-wrappers/
5. Invention: U.S. and Comparative Global Trends. (2020, January 15). Retrieved from https://ncses.nsf.gov/pubs/nsb20204/invention-u-s-and-comparative-global-trends

Details for Patent 10,293,037

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Bavarian Nordic A/s	VIVOTIF	typhoid vaccine live oral ty21a	Capsule	103123	December 15, 1989	10,293,037	2032-07-05