Patent: 10,590,182

Summary for Patent: 10,590,182

Title:	Binding-triggered transcriptional switches and methods of use thereof
Abstract:	The present disclosure provides binding-triggered transcriptional switch polypeptides, nucleic acids comprising nucleotide sequences encoding the binding-triggered transcriptional switch polypeptides, and host cells genetically modified with the nucleic acids. The present disclosure also provides chimeric Notch receptor polypeptides, nucleic acids comprising nucleotide sequences encoding the chimeric Notch receptor polypeptides, and host cells transduced and/or genetically modified with the nucleic acids. The present disclosure provides transgenic organisms comprising a nucleic acid encoding a binding triggered transcriptional switch polypeptide and/or a chimeric Notch receptor polypeptide of the present disclosure. Binding triggered transcriptional switch polypeptides and chimeric Notch receptor polypeptides of the present disclosure are useful in a variety of applications, which are also provided.
Inventor(s):	Lim; Wendell A. (San Francisco, CA), Morsut; Leonardo (San Francisco, CA), Roybal; Kole T. (San Francisco, CA), Farlow; Justin Thomas (San Francisco, CA), Toda; Satoshi (San Francisco, CA)
Assignee:	The Regents of the University of California (Oakland, CA)
Application Number:	15/543,220
Patent Claims:	see list of patent claims

Analyzing the Claims and Patent Landscape of United States Patent 10,590,182

Introduction

Understanding the nuances of a specific patent, such as United States Patent 10,590,182, involves a deep dive into its claims, the broader patent landscape, and the regulatory environment that shapes it. This analysis will cover the key aspects of the patent, including its claims, the current state of patent policy, and the evolving landscape of innovation and intellectual property.

Understanding the Patent Claims

To analyze the claims of a patent like 10,590,182, it is crucial to understand the subject matter eligibility criteria set by the USPTO. The 2024 USPTO guidance update on AI patents, for instance, provides significant insights into how claims are evaluated for patent eligibility, especially in the context of AI and software-related inventions[2].

Subject Matter Eligibility

The USPTO guidance emphasizes the importance of integrating judicial exceptions into practical applications. For a claim to be patent-eligible, it must demonstrate that the abstract idea is applied in a way that provides concrete benefits or solves specific problems in the relevant field. This is illustrated through examples such as Claim 2 in Example 48, which specifies the use of separated audio components in a real-time speech recognition system to enhance accuracy, thereby meeting the criteria for patent eligibility[2].

AI-Assisted Inventions

The method of invention development, including the use of AI, does not impact subject matter eligibility. Instead, the focus remains on the claimed invention itself, ensuring that AI-assisted inventions are evaluated on equal footing with other technologies. This distinction is critical in ensuring that AI’s role as a tool does not exclude inventions from eligibility, provided there is significant human contribution[2].

The Broader Patent Landscape

Regional Disparities

The geography of U.S. patenting is not evenly distributed. High patenting intensity is concentrated along the coasts, in Texas, and parts of the Great Lakes and Rocky Mountains. This disparity is evident, with 41.6% of U.S. counties having zero patents granted in 2020. Policies aimed at strengthening regional patenting resources, such as the CHIPS and Science Act, are being implemented to address these geographic disparities and drive economic growth more uniformly across the country[1].

Diversity in Inventors

Patenting activity varies significantly according to gender, race, and socioeconomic background. Men are more likely to be named as inventors than women, and there are notable racial and socioeconomic disparities. Closing these gaps could potentially lead to a two-percentage-point increase in the U.S. gross domestic product per capita. Policies such as collecting demographic data from inventors and providing additional guidance to pro se applicants are being considered to increase inventor diversity[1].

Cybersecurity Innovations and Patent Landscape

In the context of cybersecurity, which is a rapidly evolving field, the number of patent applications has accelerated over the last decade. The U.S. leads in cybersecurity patent filings, with 1,087 patents filed since 2000. This reflects the significant investment in research and development to combat the rising threat of cyber attacks. The quality and validity of these patents, however, are crucial, as countries like China have faced criticism for abnormal and fraudulent patent filings[3].

Policy Considerations and Regulatory Environment

Collecting Demographic Data

To address the lack of diversity in the innovation ecosystem, Congress has considered requiring the USPTO to collect demographic information from inventors. Bills such as S. 632 and H.R. 1732 propose that inventors provide demographic data on a voluntary basis, which could help policymakers assess and address potential inequities in the patent system[1].

Strengthening Regional Innovation

Federal initiatives aimed at improving regional innovative capacity are gaining traction. The CHIPS and Science Act, for example, directs federal agencies to create regional innovation hubs and programs to spur development in under-resourced regions. This approach is expected to lead to a more diverse innovation ecosystem and drive economic growth more uniformly across the country[1].

Federal Policy Coordination

Closing the patenting gap requires a coordinated effort across the federal government. Entities such as the USPTO and the Small Business Administration need to work in concert to ensure that policies encourage broader participation in the invention and commercialization process. Congress may consider directing the White House Office of Science and Technology Policy to assess the current coordination and suggest improvements[1].

Key Takeaways

• Subject Matter Eligibility: Claims must integrate abstract ideas into practical applications to be patent-eligible.
• AI-Assisted Inventions: The use of AI does not impact subject matter eligibility, provided there is significant human contribution.
• Regional Disparities: Patenting activity is concentrated in specific regions, and policies are needed to address these disparities.
• Diversity in Inventors: Significant gender, racial, and socioeconomic disparities exist in patenting activity, and policies to increase diversity are being considered.
• Cybersecurity Innovations: The U.S. leads in cybersecurity patent filings, reflecting significant investment in combating cyber threats.
• Policy Considerations: Collecting demographic data and strengthening regional innovation are key policy considerations to promote a more diverse and equitable innovation ecosystem.

FAQs

1. What are the key factors in determining the patent eligibility of AI-related inventions? The key factors include evaluating whether the claim integrates a judicial exception into a practical application and ensuring that the method of invention development, including the use of AI, does not impact subject matter eligibility[2].

2. How do regional disparities affect patenting activity in the United States? High patenting intensity is concentrated in specific regions, with 41.6% of U.S. counties having zero patents granted in 2020. Policies are being implemented to address these disparities and drive economic growth more uniformly across the country[1].

3. What are the implications of the lack of diversity in inventors on the U.S. economy? Closing the gender and racial patenting gap could result in a two-percentage-point increase in the U.S. gross domestic product per capita. However, the economic impacts are complex and may be difficult to quantify[1].

4. How is the USPTO addressing the issue of demographic data collection from inventors? Bills such as S. 632 and H.R. 1732 propose that the USPTO request demographic information from inventors on a voluntary basis to help policymakers assess and address potential inequities in the patent system[1].

5. What role does federal policy coordination play in promoting a diverse innovation ecosystem? Federal policy coordination is crucial in ensuring that policies work in concert to encourage broader participation in the invention and commercialization process. Congress may consider directing the White House Office of Science and Technology Policy to assess the current coordination and suggest improvements[1].

Sources

1. Congressional Research Service. Equity in Innovation: Trends in U.S. Patenting and Inventor Diversity. November 30, 2022.
2. Mintz. Understanding the 2024 USPTO Guidance Update on AI Patent. July 25, 2024.
3. IS Decisions. Cybersecurity Innovations And The Patent Landscape. November 21, 2023.
4. USPTO. Search for patents. October 18, 2018.
5. LexisNexis IP. Patent Analysis Tools for Objective Application Review. September 13, 2021.

Details for Patent 10,590,182

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Janssen Biotech, Inc.	REOPRO	abciximab	Injection	103575	December 22, 1994	10,590,182	2035-02-24
Aytu Bioscience, Inc.	PROSTASCINT	capromab pendetide	Injection	103608	October 28, 1996	10,590,182	2035-02-24
Genentech, Inc.	RITUXAN	rituximab	Injection	103705	November 26, 1997	10,590,182	2035-02-24
Hoffmann-la Roche Inc.	ZENAPAX	daclizumab	Injection	103749	December 10, 1997	10,590,182	2035-02-24
Novartis Pharmaceuticals Corporation	SIMULECT	basiliximab	For Injection	103764	May 12, 1998	10,590,182	2035-02-24