Patent: 10,478,478

Summary for Patent: 10,478,478

Title:	Treatment of Raynaud\'s phenomenon using botulinum toxin type B
Abstract:	An effective amount of botulinum toxin type B is administered to a subject in need thereof for treating Raynaud\'s phenomenon. Botulinum toxin type B may be in a form of an injection, and may be locally administered to a disease affected site, in a dose of 200 to 400 units per disease affected site.
Inventor(s):	Motegi; Sei-ichiro (Gunma, JP)
Assignee:	NATIONAL UNIVERSITY CORPORATION GUNMA UNIVERSITY (Gunma, JP)
Application Number:	15/941,089
Patent Claims:	see list of patent claims

Analyzing the Claims and Patent Landscape of United States Patent 10,478,478

Introduction

When analyzing a patent, particularly one like the United States Patent 10,478,478, it is crucial to delve into the claims, the types of claims, and the broader patent landscape. This analysis will help in understanding the scope of protection, potential infringements, and the overall impact of the patent on the industry.

Understanding Patent Claims

Patent claims are the heart of any patent application, as they define the scope of the invention and the exclusivity granted to the patentee[4].

Types of Claims

There are several types of claims based on drafting and the invention itself:

• Independent Claims: These provide a clear description of the novel features of the invention and are essential for every patent application. They stand alone and do not depend on other claims[4].
• Dependent Claims: These have a narrower scope and depend on one or more independent claims. They often include additional limitations or features that build upon the independent claims[4].
• Omnibus Claims: These describe an invention by reference to the whole or part of the specification but are not permitted in many countries, including the United States[4].

Claim Structure and Scope

The claims in a patent like 10,478,478 would typically follow a structured format:

Independent Claims

• These claims would outline the core novel aspects of the invention, defining what makes it unique and innovative.
• For example, if the patent is for a new method or process, the independent claim would describe the steps and elements that constitute this method[4].

Dependent Claims

• These claims would add specific details or limitations to the independent claims, narrowing down the scope but providing additional protection.
• For instance, if an independent claim describes a general process, a dependent claim might specify particular materials or conditions under which the process is optimized[4].

Patent Landscape Analysis

To understand the patent landscape surrounding 10,478,478, one must consider several factors:

Prior Art and Novelty

• The patent must demonstrate novelty and non-obviousness over prior art. This involves a thorough search of existing patents and publications to ensure the invention is unique and innovative[4].

Competitor Patents

• Analyzing competitor patents in the same field can reveal potential overlaps or gaps in the patent landscape.
• For example, if competitors have patents with similar claims, it may indicate a crowded field where the scope of 10,478,478 needs to be carefully defined to avoid infringement[4].

Industry Trends

• Understanding current industry trends and technological advancements is crucial. This helps in assessing the relevance and potential impact of the patent.
• For instance, if the patent is in a rapidly evolving field like biotechnology or software, the claims must be drafted to accommodate future developments while maintaining their validity[4].

Critical Analysis of Claims

Defining Patent Scope

The claims in 10,478,478 must clearly define the scope of the invention to establish the boundaries of exclusivity. This is critical for determining infringement and validity issues[4].

Notice Function

The claims serve as a notice to the public about what is protected by the patent. This notice function is essential for avoiding unintentional infringement and for competitors to understand the limits of the patented invention[4].

Validity and Infringement

The scope of the claims is dispositive in most patent issues. The claims must be precise enough to withstand validity challenges and broad enough to capture potential infringers. For example, if the claims are too narrow, they may not cover all possible variations of the invention, while overly broad claims may be vulnerable to invalidation[4].

Case Studies and Legal Precedents

Legal precedents and case studies can provide valuable insights into how claims are interpreted and enforced.

Written Description and Enablement

For instance, the Supreme Court's decision on genus claims highlights the importance of written description and enablement requirements. Claims must be supported by sufficient description in the specification to be valid[2].

Error Detection and Correction

In the context of Assembly System 4.0, the accuracy and precision of claims can be likened to the system's ability to detect and correct errors. Just as the system ensures high-quality products by detecting errors, well-drafted claims ensure the patent's validity by clearly defining the invention's boundaries[1].

Impact on Industry and Market

Innovation and Competition

A well-crafted patent like 10,478,478 can drive innovation by protecting novel inventions and encouraging further research and development. However, it can also create barriers to entry for competitors, potentially stifling competition if the claims are overly broad or restrictive[4].

Licensing and Collaboration

The patent can also facilitate licensing agreements and collaborations. Clear and well-defined claims make it easier for other companies to understand what they can and cannot do, potentially leading to more fruitful partnerships[4].

Key Takeaways

• Clear Claim Drafting: The claims must be clear, concise, and well-defined to establish a strong scope of protection.
• Industry Relevance: Understanding industry trends and competitor patents is crucial for assessing the patent's impact and relevance.
• Legal Compliance: Ensuring that claims meet the requirements of written description and enablement is vital for the patent's validity.
• Innovation and Competition: A balanced approach to claim drafting can foster innovation while maintaining a competitive market.

FAQs

Q: What is the primary function of patent claims in a patent application? A: The primary function of patent claims is to define the scope of the invention and establish the boundaries of exclusivity granted to the patentee[4].

Q: How do independent and dependent claims differ? A: Independent claims stand alone and describe the novel features of the invention, while dependent claims build upon independent claims with additional limitations or features[4].

Q: Why is the written description requirement important in patent claims? A: The written description requirement ensures that the claims are supported by sufficient detail in the specification, making the patent valid and enforceable[2].

Q: How can a patent impact the industry and market? A: A patent can drive innovation, protect novel inventions, and facilitate licensing agreements, but it can also create barriers to entry for competitors if the claims are overly broad[4].

Q: What role do legal precedents play in interpreting patent claims? A: Legal precedents, such as Supreme Court decisions, provide guidance on how claims are interpreted and enforced, helping to clarify requirements like written description and enablement[2].

Sources

1. Evaluating the Impact of an Assembly System 4.0 on Human Error - IJET, 2024.
2. The Supreme Court Kept the Door Open to Genus Claims - Proskauer, 2023.
3. Survival End Points for Huntington Disease Trials Prior to a Motor Diagnosis - PMC, 2017.
4. Everything to Know about Patent Claims: Functions, Parts, and Types - Sagacious Research, n.d.
5. Dermal Delivery - Google Patents, 2011.

Details for Patent 10,478,478

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Solstice Neurosciences, Llc	MYOBLOC	rimabotulinumtoxinb	Injection	103846	December 08, 2000	10,478,478	2037-03-31