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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 IntroductionWhen 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 ClaimsPatent 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 ClaimsClaims 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 ClaimsWith 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 OverviewTo analyze the claims of United States Patent 10,478,497, one must first understand the context and content of the patent. Patent Details
Analyzing the Claims of Patent 10,478,497Claim StructurePatent 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 ScopeThe 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 NoveltyTo 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 ImpactTechnology CategoriesPatents 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 ApplicationsThe 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 LitigationThe 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 DraftingAI-Assisted Patent DraftingAI 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 BenefitsWhile 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 ComplianceDisclosure RequirementsThe 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 GuidanceThe 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 ImplicationsRevenue GenerationPatents 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 ImpactThe 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
FAQsWhat 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
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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 |