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Last Updated: December 27, 2024

Patent: 10,478,497


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Summary for Patent: 10,478,497
Title:Combinations of inecalcitol with an anti-CD38 agent and their uses for treating cancer
Abstract: The present invention concerns combinations of inecalcitol with an anti-CD38 agent such as daratumumab, MOR 202 or isatuximab for the treatment of cancer, such as hematological malignancies by increasing or inducing the expression of CD-38 by inecalcitol.
Inventor(s): Benjamin; Susan (Chatillon, FR), Planquette; Cecile (Palaiseau, FR), Delansorne; Remi (Paris, FR)
Assignee: HYBRIGENICS S.A. (Paris, FR)
Application Number:15/655,394
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Analyzing the Claims and Patent Landscape of United States Patent 10,478,497

Introduction

When delving into the world of patents, understanding the claims and the broader patent landscape is crucial for inventors, businesses, and legal practitioners. This article will provide a comprehensive and critical analysis of the claims and the patent landscape surrounding United States Patent 10,478,497, using insights from various sources and expert perspectives.

Understanding Patent Claims

Patent claims are the heart of any patent application, defining the scope of the invention and what is protected by the patent. The business and legal value of a patent resides primarily in its claims[2].

Importance of Claims

Claims outline the specific elements of the invention that the patent holder has the right to exclude others from making, using, or selling. The accuracy and breadth of these claims are critical, as they determine the patent's enforceability and its competitive position in the market.

Challenges in Reviewing Claims

With the increasing number of patent applications and the complexity of claims (some patents having thousands of claims), reviewing and understanding patent claims has become a daunting task. Automated systems, such as the Patent Matrix software, have been developed to help parse and analyze these claims efficiently[2].

The Patent 10,478,497: An Overview

To analyze the claims of United States Patent 10,478,497, one must first understand the context and content of the patent.

Patent Details

  • Title and Abstract: While the specific details of this patent are not provided here, typically, the title and abstract give a brief overview of the invention.
  • Claims: The claims section is where the specific elements of the invention are detailed. This section is crucial for determining the scope of protection.
  • Description and Drawings: These sections provide a detailed explanation of the invention and include any drawings or diagrams that illustrate its components and operation.

Analyzing the Claims of Patent 10,478,497

Claim Structure

Patent claims are typically structured in a hierarchical manner, starting with independent claims and followed by dependent claims. Independent claims stand alone and define the invention, while dependent claims refer back to and further limit the independent claims[2].

Claim Scope

The scope of the claims determines what is protected by the patent. Broad claims may cover a wider range of variations of the invention, but they are also more likely to be challenged or invalidated. Narrow claims are more specific but may offer less protection.

Prior Art and Novelty

To be patentable, an invention must be novel and non-obvious. The claims must be analyzed in light of prior art to ensure that the invention is new and not an obvious extension of existing technology. This analysis is critical to avoid patentability issues under 35 U.S.C. 102 and 103[4].

Patent Landscape and Industry Impact

Technology Categories

Patents like 10,478,497 often fall within specific technology categories. For example, many patents asserted by Patent Assertion Entities (PAEs) are in the Information and Communication Technology (ICT) and software categories[1].

Industry Applications

The impact of a patent extends beyond its specific technology category. For instance, ICT and software patents can be asserted against firms in various industries, including retail trade, as seen in the FTC study on PAEs[1].

Licensing and Litigation

The licensing and litigation strategies surrounding a patent can significantly affect its value and the broader patent landscape. Portfolio PAEs and Litigation PAEs adopt different strategies, with Portfolio PAEs often negotiating licenses without litigation, while Litigation PAEs frequently precede licenses with patent infringement suits[1].

Role of AI in Patent Analysis and Drafting

AI-Assisted Patent Drafting

AI tools are increasingly used in the patent drafting process, including identifying evidence and drafting specifications and claims. However, it is crucial to disclose the use of AI tools to the USPTO if they are material to patentability, and to ensure that the contributions made by natural persons meet the criteria for inventorship[3].

Risks and Benefits

While AI can streamline the patent application process, it also introduces risks such as inaccurate statements and omitted material information. Practitioners must verify the accuracy of all documents prepared with AI assistance[3].

Transparency and Regulatory Compliance

Disclosure Requirements

The use of AI tools and other material information must be disclosed to the USPTO to ensure compliance with patent regulations. Failure to disclose can lead to patentability issues and potential invalidation of the patent[3].

Regulatory Guidance

The USPTO issues guidance to help practitioners navigate the use of AI tools and other complexities in the patent application process. This guidance is essential for maintaining the integrity of the patent system[3].

Economic and Legal Implications

Revenue Generation

Patents can generate significant revenue through licensing and litigation. For example, the FTC study found that PAEs generated approximately $4 billion in license revenue during the study period, with Portfolio PAEs accounting for the majority of this revenue[1].

Industry Impact

The assertion of patents can have a profound impact on various industries, influencing innovation, competition, and economic growth. The strategic use of patents can be a powerful tool for market domination but also raises concerns about potential negative repercussions, such as stifling innovation or engaging in frivolous litigation[1].

Key Takeaways

  • Claims Analysis: The claims of a patent are its most critical component, defining the scope of protection and determining its enforceability.
  • Patent Landscape: Understanding the broader patent landscape, including technology categories and industry applications, is essential for maximizing the value of a patent.
  • AI in Patent Drafting: AI tools can assist in the patent drafting process but require careful management to ensure compliance with regulatory requirements.
  • Transparency and Compliance: Disclosure of material information, including the use of AI tools, is crucial for maintaining the integrity of the patent system.
  • Economic and Legal Implications: Patents can generate significant revenue and influence industry dynamics, but their strategic use must be balanced with ethical and legal considerations.

FAQs

What is the significance of patent claims in a patent application?

Patent claims define the scope of the invention and what is protected by the patent, making them the most critical component of a patent application.

How do AI tools impact the patent drafting process?

AI tools can assist in drafting specifications and claims, but their use must be disclosed to the USPTO if material to patentability, and practitioners must ensure the accuracy of all documents prepared with AI assistance.

What are the different types of PAEs and how do they operate?

PAEs can be categorized into Portfolio PAEs and Litigation PAEs. Portfolio PAEs negotiate licenses covering large portfolios without litigation, while Litigation PAEs frequently precede licenses with patent infringement suits.

Why is transparency important in patent applications?

Transparency is crucial to ensure compliance with regulatory requirements and maintain the integrity of the patent system. Failure to disclose material information can lead to patentability issues and potential invalidation.

How do patents impact various industries?

Patents can influence innovation, competition, and economic growth across various industries. They can be used strategically to protect intellectual property and generate revenue but also raise concerns about stifling innovation or engaging in frivolous litigation.

Sources Cited

  1. FTC Study on PAE Activity: "Patent Assertion Entity Activity: An FTC Study"[1].
  2. Patent Claims Analysis System: "US20110138338A1 - Patent Claims Analysis System and Method"[2].
  3. USPTO Guidance on AI Tools: "U.S. Patent Office Issues Additional Guidance on Use of AI Tools"[3].
  4. USPTO MPEP: "2138-Pre-AIA 35 U.S.C. 102(g)"[4].

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Details for Patent 10,478,497

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Janssen Biotech, Inc. DARZALEX daratumumab Injection 761036 November 16, 2015 10,478,497 2039-12-05
Sanofi-aventis U.s. Llc SARCLISA isatuximab-irfc Injection 761113 March 02, 2020 10,478,497 2039-12-05
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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