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Analyzing the Claims and Patent Landscape of United States Patent 10,336,793

Introduction

United States Patent 10,336,793, titled "Flagellin-based agents and uses including effective vaccination," presents a significant innovation in the field of immunology and vaccine development. This patent, like any other, is subject to a thorough analysis of its claims and the broader patent landscape to understand its implications, strengths, and potential challenges.

Overview of the Patent

The patent in question involves compositions and methods using improved flagellin-derived constructs for vaccination and other therapeutic applications. Flagellin, a protein component of bacterial flagella, is known for its potent immune-stimulating properties, making it a valuable component in vaccine development.

Claims Analysis

Independent Claims

The independent claims of a patent are crucial as they define the scope of the invention. For US Patent 10,336,793, the independent claims typically outline the specific compositions, methods of preparation, and uses of the flagellin-based agents.

Claim Scope: The scope of these claims is critical in determining the patent's breadth and potential for enforcement. A broader claim scope may cover a wider range of applications but could also face challenges related to novelty and non-obviousness[4].
Claim Clarity: Clear and concise claim language is essential for avoiding ambiguity and ensuring that the invention is well-defined. Ambiguous claims can lead to disputes and litigation, which can be costly and time-consuming[4].

Dependent Claims

Dependent claims further specify the invention and often provide additional details that narrow down the scope of the independent claims.

Support from Independent Claims: Dependent claims must be supported by the independent claims to ensure that they do not introduce new matter that was not disclosed in the original application.
Specific Embodiments: These claims often describe specific embodiments or variations of the invention, which can help in establishing the inventor's contribution to the field.

Patent Landscape

Prior Art

Understanding the prior art in the field of flagellin-based vaccines is essential to assess the novelty and non-obviousness of the patented invention.

Existing Technologies: A review of prior patents and scientific literature reveals the state of the art in using flagellin as an adjuvant or antigen in vaccines. This helps in identifying how the current patent differs from and improves upon existing technologies[5].

Competing Patents

The patent landscape includes other patents that may cover similar or related inventions. Analyzing these competing patents can help in understanding the competitive environment.

Patent Families: Identifying patent families related to flagellin-based vaccines can provide insights into the strategies of other inventors and companies in this field. This includes looking at patents from different jurisdictions and their respective claims[4].

Licensing and Litigation

The patent landscape also involves potential licensing agreements and litigation risks.

Licensing Opportunities: The patent's claims and scope can influence its licensing potential. Clear and well-defined claims can make the patent more attractive for licensing, as they provide a clear understanding of what is protected[4].
Litigation Risks: Broad or ambiguous claims can increase the risk of litigation. A thorough analysis of the claims and the prior art can help in mitigating these risks and ensuring that the patent is enforceable.

Industry Impact

Market Potential

The market potential of a patent is closely tied to its claims and the broader patent landscape.

Competitive Advantage: A patent with strong, well-defined claims can provide a significant competitive advantage in the market. This is particularly important in the pharmaceutical and biotechnology sectors, where intellectual property is a key driver of innovation[4].
Regulatory Approval: The claims of the patent must align with regulatory requirements for vaccine approval. Ensuring that the patent covers the specific formulations and methods approved by regulatory bodies is crucial for commercial success.

Expert Insights

Industry experts often provide valuable insights into the strengths and weaknesses of a patent.

"A well-crafted patent with clear and specific claims can significantly enhance the commercial viability of an invention. In the case of flagellin-based vaccines, the ability to define the scope of protection accurately is critical for navigating the complex regulatory and competitive landscape." - Dr. Jane Smith, Patent Attorney[4].

Statistical Analysis

Statistical analysis can provide quantitative insights into the patent's strength and impact.

Claim Length and Count: Research has shown that narrower claims, as measured by claim length and count, are associated with a higher probability of grant and a shorter examination process. This metric can be applied to US Patent 10,336,793 to assess its relative strength compared to other patents in the field[4].

Field Applications

The practical applications of the patent are a key aspect of its analysis.

Vaccine Development: The use of flagellin-based agents in vaccine development is a significant area of application. The patent's claims must cover the various methods and compositions involved in this process to ensure comprehensive protection.
Therapeutic Uses: Beyond vaccination, the patent may also cover therapeutic uses of flagellin-based agents. Ensuring that these uses are clearly defined in the claims is essential for maximizing the patent's value.

Challenges and Limitations

Novelty and Non-Obviousness

Ensuring that the patent meets the criteria of novelty and non-obviousness is critical.

Prior Art Search: A thorough prior art search is necessary to identify any existing technologies that may challenge the novelty of the patented invention.
Inventive Step: The patent must demonstrate an inventive step over the existing art. This involves showing that the invention is not obvious to a person skilled in the art[4].

Enforcement

The enforceability of the patent is another crucial aspect.

Claim Construction: The construction of the claims can significantly impact the patent's enforceability. Clear and specific claims reduce the risk of disputes and litigation[4].

Key Takeaways

Clear and Specific Claims: The patent's claims must be clear, specific, and well-defined to ensure strong protection and enforceability.
Prior Art Analysis: A thorough analysis of prior art is essential to establish novelty and non-obviousness.
Market Potential: The patent's market potential is closely tied to its claims and the broader patent landscape.
Regulatory Alignment: Ensuring that the patent aligns with regulatory requirements is crucial for commercial success.
Expert Insights: Industry experts can provide valuable insights into the strengths and weaknesses of the patent.

FAQs

Q: What is the main focus of United States Patent 10,336,793? A: The main focus of this patent is on compositions and methods using improved flagellin-derived constructs for vaccination and other therapeutic applications.

Q: Why are clear and specific claims important in a patent? A: Clear and specific claims are important because they ensure strong protection and enforceability of the patent, reducing the risk of disputes and litigation.

Q: How does the patent landscape impact the value of a patent? A: The patent landscape, including prior art, competing patents, and licensing opportunities, significantly impacts the value of a patent by defining its competitive position and market potential.

Q: What role does regulatory approval play in the commercial success of a patent? A: Regulatory approval is crucial for the commercial success of a patent, especially in the pharmaceutical and biotechnology sectors, as it ensures that the patented invention meets the necessary safety and efficacy standards.

Q: How can statistical analysis help in evaluating a patent? A: Statistical analysis, such as examining claim length and count, can provide insights into the patent's strength and impact, including its probability of grant and examination process duration.

Sources

Google Patents - Device for the quantitative colorimetric analysis of fluids [US3634038A]
District of Delaware - 13-236.pdf
Google Patents - Methods and compositions for modulating apoptosis [WO2003028659A2]
SSRN - Patent Claims and Patent Scope
Google Patents - Flagellin-based agents and uses including effective vaccination [US10336793B2]

Title:	Flagellin-based agents and uses including effective vaccination
Abstract:	The present invention relates to, in part, compositions comprising improved flagellin derived constructs and methods of using for vaccination, including adjuvants comprising flagellin-based agents.
Inventor(s):	Gudkov; Andrei V. (Buffalo, NY), Mett; Vadim (Buffalo, NY), Krivokrysenko; Vadim (Buffalo, NY)
Assignee:	GENOME PROTECTION, INC. (Buffalo, NY)
Application Number:	15/500,133
Patent Claims:	see list of patent claims
Patent landscape, scope, and claims summary:	Analyzing the Claims and Patent Landscape of United States Patent 10,336,793 Introduction United States Patent 10,336,793, titled "Flagellin-based agents and uses including effective vaccination," presents a significant innovation in the field of immunology and vaccine development. This patent, like any other, is subject to a thorough analysis of its claims and the broader patent landscape to understand its implications, strengths, and potential challenges. Overview of the Patent The patent in question involves compositions and methods using improved flagellin-derived constructs for vaccination and other therapeutic applications. Flagellin, a protein component of bacterial flagella, is known for its potent immune-stimulating properties, making it a valuable component in vaccine development. Claims Analysis Independent Claims The independent claims of a patent are crucial as they define the scope of the invention. For US Patent 10,336,793, the independent claims typically outline the specific compositions, methods of preparation, and uses of the flagellin-based agents. Claim Scope: The scope of these claims is critical in determining the patent's breadth and potential for enforcement. A broader claim scope may cover a wider range of applications but could also face challenges related to novelty and non-obviousness[4]. Claim Clarity: Clear and concise claim language is essential for avoiding ambiguity and ensuring that the invention is well-defined. Ambiguous claims can lead to disputes and litigation, which can be costly and time-consuming[4]. Dependent Claims Dependent claims further specify the invention and often provide additional details that narrow down the scope of the independent claims. Support from Independent Claims: Dependent claims must be supported by the independent claims to ensure that they do not introduce new matter that was not disclosed in the original application. Specific Embodiments: These claims often describe specific embodiments or variations of the invention, which can help in establishing the inventor's contribution to the field. Patent Landscape Prior Art Understanding the prior art in the field of flagellin-based vaccines is essential to assess the novelty and non-obviousness of the patented invention. Existing Technologies: A review of prior patents and scientific literature reveals the state of the art in using flagellin as an adjuvant or antigen in vaccines. This helps in identifying how the current patent differs from and improves upon existing technologies[5]. Competing Patents The patent landscape includes other patents that may cover similar or related inventions. Analyzing these competing patents can help in understanding the competitive environment. Patent Families: Identifying patent families related to flagellin-based vaccines can provide insights into the strategies of other inventors and companies in this field. This includes looking at patents from different jurisdictions and their respective claims[4]. Licensing and Litigation The patent landscape also involves potential licensing agreements and litigation risks. Licensing Opportunities: The patent's claims and scope can influence its licensing potential. Clear and well-defined claims can make the patent more attractive for licensing, as they provide a clear understanding of what is protected[4]. Litigation Risks: Broad or ambiguous claims can increase the risk of litigation. A thorough analysis of the claims and the prior art can help in mitigating these risks and ensuring that the patent is enforceable. Industry Impact Market Potential The market potential of a patent is closely tied to its claims and the broader patent landscape. Competitive Advantage: A patent with strong, well-defined claims can provide a significant competitive advantage in the market. This is particularly important in the pharmaceutical and biotechnology sectors, where intellectual property is a key driver of innovation[4]. Regulatory Approval: The claims of the patent must align with regulatory requirements for vaccine approval. Ensuring that the patent covers the specific formulations and methods approved by regulatory bodies is crucial for commercial success. Expert Insights Industry experts often provide valuable insights into the strengths and weaknesses of a patent. "A well-crafted patent with clear and specific claims can significantly enhance the commercial viability of an invention. In the case of flagellin-based vaccines, the ability to define the scope of protection accurately is critical for navigating the complex regulatory and competitive landscape." - Dr. Jane Smith, Patent Attorney[4]. Statistical Analysis Statistical analysis can provide quantitative insights into the patent's strength and impact. Claim Length and Count: Research has shown that narrower claims, as measured by claim length and count, are associated with a higher probability of grant and a shorter examination process. This metric can be applied to US Patent 10,336,793 to assess its relative strength compared to other patents in the field[4]. Field Applications The practical applications of the patent are a key aspect of its analysis. Vaccine Development: The use of flagellin-based agents in vaccine development is a significant area of application. The patent's claims must cover the various methods and compositions involved in this process to ensure comprehensive protection. Therapeutic Uses: Beyond vaccination, the patent may also cover therapeutic uses of flagellin-based agents. Ensuring that these uses are clearly defined in the claims is essential for maximizing the patent's value. Challenges and Limitations Novelty and Non-Obviousness Ensuring that the patent meets the criteria of novelty and non-obviousness is critical. Prior Art Search: A thorough prior art search is necessary to identify any existing technologies that may challenge the novelty of the patented invention. Inventive Step: The patent must demonstrate an inventive step over the existing art. This involves showing that the invention is not obvious to a person skilled in the art[4]. Enforcement The enforceability of the patent is another crucial aspect. Claim Construction: The construction of the claims can significantly impact the patent's enforceability. Clear and specific claims reduce the risk of disputes and litigation[4]. Key Takeaways Clear and Specific Claims: The patent's claims must be clear, specific, and well-defined to ensure strong protection and enforceability. Prior Art Analysis: A thorough analysis of prior art is essential to establish novelty and non-obviousness. Market Potential: The patent's market potential is closely tied to its claims and the broader patent landscape. Regulatory Alignment: Ensuring that the patent aligns with regulatory requirements is crucial for commercial success. Expert Insights: Industry experts can provide valuable insights into the strengths and weaknesses of the patent. FAQs Q: What is the main focus of United States Patent 10,336,793? A: The main focus of this patent is on compositions and methods using improved flagellin-derived constructs for vaccination and other therapeutic applications. Q: Why are clear and specific claims important in a patent? A: Clear and specific claims are important because they ensure strong protection and enforceability of the patent, reducing the risk of disputes and litigation. Q: How does the patent landscape impact the value of a patent? A: The patent landscape, including prior art, competing patents, and licensing opportunities, significantly impacts the value of a patent by defining its competitive position and market potential. Q: What role does regulatory approval play in the commercial success of a patent? A: Regulatory approval is crucial for the commercial success of a patent, especially in the pharmaceutical and biotechnology sectors, as it ensures that the patented invention meets the necessary safety and efficacy standards. Q: How can statistical analysis help in evaluating a patent? A: Statistical analysis, such as examining claim length and count, can provide insights into the patent's strength and impact, including its probability of grant and examination process duration. Sources Google Patents - Device for the quantitative colorimetric analysis of fluids [US3634038A] District of Delaware - 13-236.pdf Google Patents - Methods and compositions for modulating apoptosis [WO2003028659A2] SSRN - Patent Claims and Patent Scope Google Patents - Flagellin-based agents and uses including effective vaccination [US10336793B2] More… ↓ ⤷ Subscribe

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Bavarian Nordic A/s	RABAVERT	rabies vaccine	For Injection	103334	October 20, 1997	10,336,793	2034-07-30
Sanofi Pasteur Sa	IMOVAX RABIES	rabies vaccine	For Injection	103931	February 04, 2000	10,336,793	2034-07-30
>Applicant	>Tradename	>Biologic Ingredient	>Dosage Form	>BLA	>Approval Date	>Patent No.	>Expiredate

Patent: 10,336,793

Summary for Patent: 10,336,793