Patent: 10,815,455

Summary for Patent: 10,815,455

Title:	Salmonella-based vectors for cancer immunotherapy targeting Wilms\' tumor gene WT1
Abstract:	The present invention relates to an attenuated mutant strain of Salmonella comprising a recombinant DNA molecule encoding Wilms\' tumor Protein I. In particular, the present invention relates to the use of said attenuated mutant strain of Salmonella in cancer immunotherapy.
Inventor(s):	Lubenau; Heinz (Neustadt an der Weinstrasse, DE), Springer; Marco (Wendlingen, DE)
Assignee:	Vaximm AG (CH)
Application Number:	15/872,750
Patent Claims:	see list of patent claims

Understanding the Patent Landscape: A Comprehensive Analysis of US Patent 10,815,455

Introduction

Patents are a cornerstone of innovation, providing inventors and companies with the legal right to exclude others from making, using, or selling their inventions for a limited time. This article delves into the patent landscape, focusing on the specifics of United States Patent 10,815,455, and provides a broader context of the U.S. patent system.

The Role of Patents in Innovation

Patents incentivize investments in research and development (R&D) and enable the commercialization of emerging technologies. They are critical for sustaining economic growth, protecting national security, and ensuring global technological leadership[3].

The U.S. Patent System Overview

The U.S. Patent and Trademark Office (USPTO) is responsible for reviewing patent applications and granting patents. In 2016, the USPTO granted over 300,000 patents, with nearly half of these going to U.S. inventors, followed by Japan and the European Union[1].

Patent Ownership and Sector Distribution

The majority of U.S. patents are assigned to the private sector, with for-profit companies receiving 85% of the patents. Individuals and the academic sector follow, with smaller shares, while the government sector receives only a small percentage due to its focus on activities other than intellectual property protection[1].

Patent Trial and Appeal Board (PTAB)

The Leahy-Smith America Invents Act (AIA) of 2011 introduced significant changes to U.S. patent law, including the creation of the PTAB. This tribunal allows for administrative challenges to the validity of patents through inter partes review (IPR) and post-grant review (PGR)[2].

Advantages of PTAB Over Federal Court Litigation

PTAB procedures are generally faster, cheaper, and require a lower standard of proof compared to federal court litigation. This makes them more advantageous for entities accused of patent infringement or those seeking to challenge patent validity[2].

Patent Assertion Entities (PAEs)

PAEs, often referred to as "patent trolls," play a significant role in the patent landscape. They can be categorized into two main types: Portfolio PAEs and Litigation PAEs. Portfolio PAEs negotiate licenses for large patent portfolios, while Litigation PAEs focus on suing alleged infringers to enforce their patents[4].

Impact of PAEs on the Patent System

PAEs can have both positive and negative impacts. While they can facilitate the monetization of patents, they can also lead to abusive practices, such as sending numerous demand letters and engaging in frivolous litigation. The FTC has highlighted the need for reforms to address these issues[4].

Analyzing US Patent 10,815,455

Patent Details

To analyze US Patent 10,815,455, one must consider the following key elements:

Invention Description

The patent's abstract and detailed description provide insights into the invention's technical aspects and its intended use.

Claims

The claims section is crucial as it defines the scope of the invention and what is protected by the patent. Each claim must be clear, concise, and supported by the description[2].

Prior Art and Novelty

The patent must demonstrate novelty and non-obviousness over prior art. This involves a thorough search and analysis of existing patents and publications in the same field.

Legal and Administrative Aspects

• Patent Validity: The patent's validity can be challenged through PTAB procedures like IPR and PGR. These challenges can be initiated by any party, regardless of whether they are facing a lawsuit or the threat of one[2].
• Enforcement: The patent holder must enforce the patent through litigation if they believe their rights are being infringed. This can involve complex and costly legal proceedings[5].

Global Patent Trends and Cross-National Comparisons

The U.S. patent system is part of a broader global landscape. International differences in taxes on corporate and patent income can influence the choice of patent location for multinational firms. The U.S., EU, and Japan dominate the global patent landscape, with emerging economies like China, South Korea, and India increasing their patenting activity[1].

Challenges and Reforms in the Patent System

The PREVAIL Act

The Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act) aims to reform PTAB procedures to promote fairness, efficiency, and innovation. It proposes requiring standing for PTAB challengers, limiting repeated petitions, and ensuring the USPTO has the necessary resources by eliminating fee diversion[3].

Addressing PAE Activities

Reforms are also needed to address the activities of PAEs. This includes enhancing transparency, limiting abusive demand letters, and ensuring that small businesses have the resources to navigate the patent system[4].

Key Takeaways

• Patent Importance: Patents are vital for innovation, economic growth, and national security.
• PTAB Role: The PTAB provides a faster and more cost-effective way to challenge patent validity compared to federal court litigation.
• PAE Impact: PAEs can both facilitate patent monetization and engage in abusive practices, necessitating regulatory reforms.
• Global Context: The U.S. patent system operates within a global framework, with international factors influencing patent strategies.

FAQs

What is the primary purpose of the Patent Trial and Appeal Board (PTAB)?

The PTAB was created to provide a more efficient and cost-effective means to adjudicate patent validity issues, improving patent quality and reducing the burden of litigation.

How do Patent Assertion Entities (PAEs) impact the patent system?

PAEs can facilitate the monetization of patents but can also engage in abusive practices such as sending numerous demand letters and filing frivolous lawsuits.

What are the main differences between Portfolio PAEs and Litigation PAEs?

Portfolio PAEs negotiate licenses for large patent portfolios without necessarily suing, while Litigation PAEs focus on suing alleged infringers to enforce their patents.

How does the PREVAIL Act aim to reform the patent system?

The PREVAIL Act proposes reforms to require standing for PTAB challengers, limit repeated petitions, and ensure the USPTO has the necessary resources by eliminating fee diversion.

What are the key factors that contribute to patent infringement litigation?

Key factors include the types of patents involved, the complexity of the technology, and the practices of PAEs, as well as the need for linking patent litigation trends with internal USPTO data to improve patent quality[5].

Sources

1. National Science Foundation. "Invention, Knowledge Transfer, and Innovation." Chapter 8, NSB 20181 Report, 2018.
2. Congressional Research Service. "The Patent Trial and Appeal Board and Inter Partes Review." Updated May 28, 2024.
3. Coons, Chris. "PREVAIL Act Fact Sheet." U.S. Senate, 2023.
4. Federal Trade Commission. "Patent Assertion Entity Activity: An FTC Study." 2014.
5. Government Accountability Office. "Assessing Factors That Affect Patent Infringement Litigation." GAO-13-465, August 22, 2013.

Details for Patent 10,815,455

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		2033-04-25