Patent: 10,441,645

Summary for Patent: 10,441,645

Title:	MSLN targeting DNA vaccine for cancer immunotherapy
Abstract:	The present invention relates to an attenuated mutant strain of Salmonella comprising a recombinant DNA molecule encoding Mesothelin. In particular, the present invention relates to the use of said attenuated mutant strain of Salmonella in cancer immunotherapy.
Inventor(s):	Springer; Marco (Wendlingen, DE), Lubenau; Heinz (Neustadt an der Weinstrasse, DE)
Assignee:	VAXIMM GMBH (DE)
Application Number:	15/785,743
Patent Claims:	see list of patent claims

Comprehensive Analysis of United States Patent 10,441,645: A Deep Dive into the Claims and Patent Landscape

Introduction

Patent 10,441,645, like any other patent, is a complex document that requires a thorough analysis to understand its claims, strengths, and position within the broader patent landscape. This analysis will delve into the key aspects of the patent, including its claims, the legal framework governing it, and the tools and databases used for patent searches and evaluations.

Understanding the Patent Claims

To analyze Patent 10,441,645, it is crucial to start with the claims section. The claims define the scope of the invention and are the basis for determining the patent's validity and infringement.

Claim Structure

Patent claims 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[3].

Anticipation and Novelty

A critical aspect of patent claims is ensuring they are novel and non-obvious. Under 35 U.S.C. § 102, a claimed invention can be rejected if it is anticipated by prior art, meaning every element of the claim must be found in a single prior art reference[3].

Legal Framework: The Leahy-Smith America Invents Act (AIA)

The Leahy-Smith America Invents Act (AIA) of 2011 significantly impacted U.S. patent law, particularly through the creation of the Patent Trial and Appeal Board (PTAB). PTAB is empowered to hear administrative challenges to the validity of patents, including inter partes review (IPR), which can affect the validity of patents like 10,441,645[2].

Inter Partes Review (IPR)

IPR is a process where a third party can challenge the validity of a patent based on prior art. This process has been criticized for making it easier to challenge patents, potentially creating uncertainty in patent rights and discouraging innovation in patent-intensive industries[2].

Patent Search and Evaluation Tools

Several databases and tools are essential for conducting a comprehensive patent search and evaluating the strength of a patent.

Google Patents

Google Patents is a good starting point for identifying patent classification codes and quickly searching full-text patents from major patent offices worldwide. However, it may not provide analytical solutions[1].

USPTO Databases

The USPTO offers several databases, including PatFT (full-text of U.S. granted patents) and AppFT (U.S. patent applications). These databases are crucial for searching prior art and understanding the patent landscape[1].

Espacenet and Patentscope

Espacenet, provided by the European Patent Office, and Patentscope, by the World Intellectual Property Organization (WIPO), offer access to European and international patent applications. These databases are vital for a global patent search[1][4].

Global Dossier and Common Citation Document (CCD)

The Global Dossier and CCD provide access to file histories of related applications and consolidated citation data, respectively. These tools help in evaluating the patent family and prior art cited by multiple offices[4].

National Security Reviews

For patents with potential national security implications, the U.S. Patent and Trademark Office (USPTO) conducts security reviews under the Invention Secrecy Act of 1951. This process involves interagency reviews to determine if the disclosure or publication of the patent could be detrimental to national security[5].

International Patent Landscape

To fully understand the position of Patent 10,441,645, it is necessary to look beyond U.S. borders. International databases such as those provided by the European Patent Office (EPO), Japan Patent Office (JPO), and China National Intellectual Property Administration (CNIPA) offer insights into global patent filings and prior art[4].

Machine Translation and Cross-Office Collaboration

Tools like machine translation services provided by the EPO and JPO, and cross-office collaboration through agreements like the NATO Agreement for the Mutual Safeguarding of Secrecy of Inventions, facilitate the global search and evaluation of patents[4][5].

Critical Analysis of Patent Strength

The strength of a patent is determined by several factors, including the novelty and non-obviousness of the claims, the breadth of the claims, and the quality of the prior art search.

Prior Art Search

A thorough prior art search using databases like PatFT, AppFT, Espacenet, and Patentscope is essential to ensure that the claims are novel and non-obvious. Any oversight in this process can lead to challenges during the patent's lifecycle[1][4].

Claim Construction

The construction of the claims is critical. Broad claims may be more susceptible to challenges, while narrow claims may limit the patent's scope but offer stronger protection against infringement[3].

PTAB and IPR

The PTAB and IPR processes can significantly impact the validity of a patent. A patent that survives these challenges is generally considered stronger and more defensible[2].

Case Studies and Industry Insights

Industry experts often highlight the importance of a robust patent strategy that includes thorough searches, well-crafted claims, and a deep understanding of the legal landscape.

"A good patent search is not just about finding prior art; it's about understanding the competitive landscape and identifying potential risks and opportunities," says a patent attorney specializing in tech patents[4].

Statistics and Trends

Statistics show that patents undergoing IPR are more likely to be invalidated than those that do not. For instance, as of 2023, the PTAB had a high rate of patent invalidation in IPR proceedings, which underscores the importance of a strong prior art search and well-drafted claims[2].

Key Takeaways

• Thorough Prior Art Search: Essential for ensuring the novelty and non-obviousness of patent claims.
• Legal Framework: Understanding the AIA and PTAB processes is crucial for navigating patent challenges.
• Global Patent Landscape: International databases and collaborations are vital for a comprehensive patent search.
• Claim Construction: Well-crafted claims are key to the strength and defensibility of a patent.
• National Security Reviews: Patents with national security implications require special handling.

FAQs

Q: What is the significance of the Leahy-Smith America Invents Act (AIA) in patent law?

A: The AIA is a significant patent statute that created the PTAB and introduced new administrative challenges to patent validity, such as inter partes review (IPR)[2].

Q: How do I conduct a thorough prior art search for a patent?

A: Use databases like PatFT, AppFT, Espacenet, and Patentscope. Also, leverage tools like the Global Dossier and Common Citation Document (CCD) for a comprehensive search[1][4].

Q: What is the role of the Patent Trial and Appeal Board (PTAB) in patent law?

A: PTAB is a tribunal within the USPTO that hears administrative challenges to the validity of patents, including IPR and other review processes[2].

Q: How can national security reviews impact patent applications?

A: National security reviews can lead to Secrecy Orders, preventing the disclosure or publication of patent applications that could be detrimental to national security[5].

Q: Why is international patent search important?

A: An international patent search helps in identifying global prior art and understanding the competitive landscape, which is crucial for the validity and enforceability of a patent[4].

Sources

1. Harvard Business School Library, "What are the major patent databases and which one should I use?" - Fast Answers.
2. Congressional Research Service, "The Patent Trial and Appeal Board and Inter Partes Review" - Updated May 28, 2024.
3. USPTO, "2131-Anticipation — Application of 35 U.S.C. 102" - Manual of Patent Examining Procedure.
4. USPTO, "Search for patents" - USPTO.
5. Defense Technology Security Administration, "Patent Security Reviews" - Assessing & Managing Risk.

Details for Patent 10,441,645

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	10,441,645	2033-12-18